Immigration Law

Recent Posts

Expert: Additional H-2B Visas "Not a Lot"
Posted on 22 Dec 2021 by Daniel M. Kowalski

Kristin Schwab, Marketplace, Dec. 21, 2021 "For the first time, the federal government is expanding the cap on H-2B visas available for the winter season — by 60%. For employers looking to hire seasonal workers on or before March 31, some... Read More

DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year
Posted on 20 Dec 2021 by Daniel M. Kowalski

DHS, Dec. 20, 2021 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker... Read More

Tags: H-2B

Step Right Up For The H-2B Lotto!
Posted on 20 Dec 2021 by Daniel M. Kowalski

DOL, Dec. 20, 2021 "H-2B Application Filing Timelines for 2022 Peak Filing Season The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary... Read More

Tags: H-2B

H-2B Overtime Memo: WHD
Posted on 9 Dec 2021 by Daniel M. Kowalski

WHD, Dec. 7, 2021 "This Field Assistance Bulletin (FAB) provides enforcement guidance on overtime obligations pursuant to the H-2B provisions of the Immigration and Nationality Act (INA) (H-2B visa program)." Read More

Tags: H-2B

Igloo Settles H-2B Beef with DOJ
Posted on 15 Nov 2021 by Daniel M. Kowalski

DOJ, Nov. 15, 2021 "The Department of Justice announced today that it reached a settlement with Igloo Products Corp., a company that produces coolers, jugs and hydration products, based in Katy, Texas. The settlement resolves the department’s... Read More

Tags: H-2B

BALCA H-2B Remand: MB Florida LTD LLC
Posted on 9 Nov 2021 by Daniel M. Kowalski

BALCA, Nov. 4, 2021 "While Employer correctly asserted that the CO improperly applied the Single Employer Test in considering Employer’s labor certification application, the question under administrative review is not just whether the CO... Read More

Tags: balca , H-2B

Advance Copy of H-2A/B Country List
Posted on 9 Nov 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/10/2021 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally only approve petitions for H-2A and H-2B... Read More

Tags: H-2B , H-2A

DOL Punts on Additional H-2B Visas
Posted on 4 Nov 2021 by Daniel M. Kowalski

DOL, Nov. 4, 2021 The Department of Labor’s Response to Stakeholder Requests to Raise the H-2B Visa Cap for the First Half of Fiscal Year 2022 "The Department of Labor (Department or DOL) continues to recognize that obtaining a reliable... Read More

Tags: USCIS , H-2B

H-2B Employer to Pay $40K Penalty for Failure to Adequately Consider U.S. Applicants
Posted on 27 Oct 2021 by Daniel M. Kowalski

DOJ, Oct. 27, 2021 "The Department of Justice today announced that it has reached a settlement agreement with Priority Construction Corporation, located in Baltimore, Maryland. The settlement resolves the department’s claims that Priority... Read More

Tags: H-2B

USCIS Reaches H-2B Cap for First Half of FY 2022
Posted on 12 Oct 2021 by Daniel M. Kowalski

USCIS, Oct. 12, 2021 "U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2022. Sept. 30 was the... Read More

Tags: H-2B

H-2B Visa Shortage Has Seasonal Businesses Scrambling
Posted on 2 Aug 2021 by Daniel M. Kowalski

Patricia Cohen, Sydney Ember, New York Times, Aug. 2, 2021 "Tyler Holt summed up the problem his Utah landscaping business faces every year. “People who want to be in the job force want stability — if they want to work, they work full... Read More

Tags: H-2B

DOL on H-2B Peak Filing Season Window (July 3-5, 2021)
Posted on 23 Jun 2021 by Daniel M. Kowalski

DOL, June 23, 2021 - H-2B Application Filing Timelines for 2021 Peak Filing Season "The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the three-day filing window to submit an H-2B Application... Read More

Tags: H-2B

USCIS Runs Out of "Extra" H-2B Visas...in Five Days
Posted on 3 Jun 2021 by Daniel M. Kowalski

USCIS, June 3, 2021 "Under the recently announced H-2B supplemental cap temporary final rule, USCIS has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only. We continue to accept... Read More

Tags: USCIS , H-2B

The Additional H-2B Visa Numbers: Too Few, Too Late...And The "Irreparable Harm" Attestation is Ultra Vires
Posted on 22 May 2021 by Daniel M. Kowalski

To understand what is wrong with the DHS/DOL Joint Temporary Final Rule adding 22,000 H-2B visas to the quota (6,000 reserved for nationals of the "Northern Triangle" countries of Honduras, El Salvador, and Guatemala), see my July 25, 2017 Law360... Read More

Tags: kowalski , H-2B

DOL/DHS Add 22K H-2B Visas
Posted on 21 May 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 05/25/2021 "The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2021 authority and increasing the... Read More

Tags: H-2B