Immigration Law

Recent Posts

BREAKING: Stay Granted in Perez v. Perez H-2B Litigation
Posted on 18 Mar 2015 by Daniel M. Kowalski

"Defendants’ Unopposed Motion for Limited Relief from the Vacatur Order and Judgment (Doc. 16) is GRANTED. It is further ordered that the Court’s Injunction Order dated March 4, 2015 (Doc. 14) is STAYED or otherwise held in abeyance until... Read More

Tags: stay , Perez , H-2B

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended
Posted on 18 Mar 2015 by Daniel M. Kowalski

"Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. Monday, March 16, 2015 the Department of Labor (DOL) filed an... Read More

Tags: stay , motion , Perez , USCIS , H-2B

Court Enjoins 2008 H-2B Regulations: Perez v. Perez
Posted on 5 Mar 2015 by Daniel M. Kowalski

"On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations... Read More

Joint DOL/DHS H-2B Interim Final Rule Near Release
Posted on 24 Apr 2015 by Daniel M. Kowalski

"A new rule governing the H-2B labor certification process is being reviewed by the Office of the Federal Register and could be published as soon as next week, lawyers for the U.S. Department of Labor and Department of Homeland Security told a Florida... Read More

Tags: rulemaking , ifr , Perez , joint , H-2B

DOL's Perez Pushes H-2B Comment Date to Feb. 2, 2015
Posted on 16 Jan 2015 by Daniel M. Kowalski

"On December 17, 2014, the Office of the Secretary of Labor published a Federal Register notice of intent to issue declaratory order and request for comment (‘‘Notice’’). This Notice (79 FR 75179) states the Secretary of Labor... Read More

D.C. Circ. - H-2A TEGLs Need Notice and Comment: Zacarias Mendoza v. Perez
Posted on 17 Jun 2014 by Daniel M. Kowalski

"On the merits of their claim, the plaintiffs are entitled to entry of summary judgment in their favor. The TEGLs are legislative rules and the Department of Labor violated the Administrative Procedure Act by promulgating them without providing public... Read More

Advance Copy of DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings; Request for Comment
Posted on 16 Dec 2014 by Daniel M. Kowalski

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and... Read More

Did the Supreme Court Already Decide Texas v. USA?
Posted on 10 Mar 2015 by Daniel M. Kowalski

Judge Hanen's Feb. 16th injunction turns on the Administrative Procedure Act (APA.) Yesterday's unanimous Supreme Court decision in Perez v. Mtg. Bankers Assoc . could help Judge Hanen and the 5th Circuit answer the question: Did the November... Read More

DOJ: Hate crimes on the rise in U.S.
Posted on 12 Nov 2011 by Daniel M. Kowalski

"Thomas Perez, Assistant Attorney General for the Civil Rights Division of the Department of Justice, noted in an address Thursday evening the number of hate crimes in the United States is rising, and that many involved 'remarkably senseless... Read More

Tags: hate crimes , Perez , DOJ

Immigration Nightmare Separates Ex-Marine from Spouse
Posted on 25 Nov 2012 by Daniel M. Kowalski

"A few weeks ago when Juan Perez of Sunnyside and his wife, Diana Blanco De La O, celebrated their fourth wedding anniversary, the couple couldn't give each other that anniversary's traditional gift of flowers. They couldn't share a romantic... Read More

Tags: waiver , Pasco , visa , Perez , roach

DOJ Letter: Dear Alabama Schools...
Posted on 6 May 2012 by Daniel M. Kowalski

"The Justice Department released a letter late Thursday afternoon, hours after six individuals protesting Alabama's immigration law conducted a sit-down demonstration near the Alabama Senate chamber, saying Alabama's controversial immigration... Read More