Immigration Law

Recent Posts

Advance Copy of H-2B Interim Final Wage Rule; Request for Comments
Posted on 22 Apr 2013 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural... Read More

H-2B Wage Rule Effective Date Delay
Posted on 29 Mar 2013 by Daniel M. Kowalski

"The Department of Labor is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program final rule (the Wage Rule), in order to address legislation that prohibits any funds from being used... Read More

Advance Copy of DOL H-2B Wage Rule Effective Date Pushback to Oct. 1, 2013
Posted on 27 Mar 2013 by Daniel M. Kowalski

"The Department of Labor is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (the Wage Rule), in order to address legislation that prohibits any funds from being used to implement... Read More

Back at It Again With the H-2B Wage Rule
Posted on 6 Aug 2014 by Daniel M. Kowalski

"While everyone was watching the House getting ready to vote, and then not voting, and then actually voting on immigration bills, a couple of court decisions flew under the radar that might finally put to rest the long, drawn-out H-2B wage rule saga... Read More

Tags: wage rule , H-2B

E.D. Penn. Upholds 2011 H-2B Wage Rule: Louisiana Forestry Assoc. v. Solis (CATA)
Posted on 22 Aug 2012 by Daniel M. Kowalski

"On January 19, 2011, the Department of Labor (“DOL”) issued a new regulation to govern the calculation of the minimum wage that a United States employer must offer in order to recruit foreign workers as part of the H-2B visa program... Read More

Tags: cata , Solis , wage rule , H-2B

H-2B Wage Rule Effective Date Pushed to March 27, 2013
Posted on 28 Sep 2012 by Daniel M. Kowalski

"The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation that prohibits any funds from being used... Read More

DOL H-2B Wage Rule; Proposed Indefinite Delay of Effective Date
Posted on 23 Jul 2013 by Daniel M. Kowalski

"The Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation... Read More

Tags: nprm , delay , DOL , 2011 , wage rule , H-2B

Advance Copy of DOL NPRM: Proposed Delay of Effective Date of 2011 H-2B Wage Rule
Posted on 19 Jul 2013 by Daniel M. Kowalski

"The Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation... Read More

Tags: nprm , delay , DOL , 2011 , wage rule , H-2B

E.D. Pa. Vacates 2008 H-2B Wage Rule: CATA v. Solis
Posted on 22 Mar 2013 by Daniel M. Kowalski

"Labor certifications issued under the 2008 Wage Rule exceed the DOL’s delegated authority. The INA and DHS regulations define a small subset of individuals to whom the DOL may grant labor certifications if, and only if, the DOL can assure... Read More

DOL Pushes H-2B Wage Rule Effective Date to March 27, 2013
Posted on 2 Oct 2012 by Daniel M. Kowalski

"The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program final rule, in response to recently enacted legislation that prohibits any funds from being... Read More