Immigration Law

Recent Posts

Why Are I-9 Lessons So Hard to Learn? - The Abercrombie & Fitch Files
Posted on 26 Jun 2015 by Daniel M. Kowalski

You'd think a million-dollar fine would have hammered home the lesson. Nearly five years ago, that's what retailer Abercrombie & Fitch paid ICE to settle an I-9 audit beef. Seems the company's hand-crafted, artisanal electronic I-9 system... Read More

H-1B LCA case from OALJ: liquidated damages, benching, impermissible fees
Posted on 24 Oct 2011 by Daniel M. Kowalski

Long (97 pages!) but worth reading for analysis of liquidated damages under Missouri law, benching, impermissible fees, and more. Matter of Greater Missouri Medical Pro-Care Providers, Inc., 2008-LCA-26, Oct. 18, 2011 . Read More

ARB on H-1B Benching Violations, Illegal Fee Deductions: Matter of Greater Missouri Medical Pro-Care Providers, Inc.
Posted on 5 Feb 2014 by Daniel M. Kowalski

"We AFFIRM the ALJ’s finding that the scope of a Wage and Hour investigation initiated in response to an aggrieved party complaint is not limited to the allegations contained in that complaint. We also AFFIRM the ALJ’s evidentiary rulings... Read More

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL
Posted on 20 Aug 2014 by Daniel M. Kowalski

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics... Read More

ARB on H-1B Back Wages: Batyrbekov v. Barclays Capital
Posted on 5 Dec 2014 by Daniel M. Kowalski

Naomi Schorr writes: "This case is important because it's the first gloss on the leading case, Amtel Group of Florida, Inc. Amtel set the three-part test that an employer must meet to effect a bona fide termination of an H-1B employee: It must... Read More

$265K Settlement in I-9 Document Abuse Case: Real Time Staffing Services, LLC., d/b/a Select Staffing
Posted on 22 Aug 2014 by Daniel M. Kowalski

"The Justice Department reached an agreement today with Real Time Staffing Services LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The settlement resolves the department’s claims that Select Staffing discriminated... Read More