Immigration Law

Recent Posts

OFLC Issues Additional Guidance on H-2Bs, CATA, Surveys
Posted on 28 Jan 2015 by Daniel M. Kowalski

"On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing... Read More

Tags: guidance , DOL , surveys , oflc , cata , spwds , H-2B

Judge Keeps 2008 H-2B Rules in Place...For Now: CATA v. Perez (E.D. Pa.)
Posted on 12 Sep 2014 by Daniel M. Kowalski

"Plaintiffs (collectively, “CATA”) move to vacate regulations previously held invalid by this Court and remanded to the agency. ... In effect, the motion is tantamount to a petition for rulemaking. ... It aims at compelling Defendants... Read More

Tags: 2008 , cata , H-2B

DOL Speaks on Island Holdings
Posted on 24 Dec 2013 by Daniel M. Kowalski

"On December 3, 2013, The Board of Alien Labor Certification Appeals (BALCA) issued an en banc decision in The Matter of Island Holdings LLC (2013-PWD-00002) . That decision vacated the supplemental prevailing wage determinations issued in light... Read More

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

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

CA3 Vacates H-2B Private Wage Survey Regulation: CATA III
Posted on 6 Dec 2014 by Daniel M. Kowalski

"We therefore act now to grant plaintiffs’ vacatur request of 20 C.F.R. § 655.10(f) and the 2009 Wage Guidance. We hold both provisions to be arbitrary and capricious and in violation of the APA. We direct that private surveys no longer... Read More