Immigration Law

Recent Posts

Another Power Grab by DOL: "Discretionary Review" of H-2B BALCA Cases
Posted on 31 Dec 2020 by Daniel M. Kowalski

Hedging bets, simultaneous publication of a " direct final rule " and a proposed rule on Jan. 4, 2021: "The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this direct final rule to extend DOL’s... Read More

Tags: balca , DOL , DHS , H-2B

DOL H-2B Visa News (Mar. 9, 2020)
Posted on 10 Mar 2020 by Daniel M. Kowalski

1. " OFLC Issues Frequently Asked Questions Related to the H-2B Supplemental Visa Allocation Announcement by Department of Homeland Security for the Second Half of Fiscal Year 2020. The Office of Foreign Labor Certification (OFLC) has released... Read More

Tags: DOL , oflc , island holdings , faq , DHS , H-2B

DHS, DOL Post H-2B Rule (May 8, 2019)
Posted on 6 May 2019 by Daniel M. Kowalski

Here is an Advance Copy of the rule to be published on Wednesday, May 8, 2019. Read More

DOL H-2B Processing Changes Open for Comment (Mar. 4, 2019)
Posted on 2 Mar 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 Selection Procedures for Reviewing Applications Filed by Employers Seeking Temporary Employment of H–2B Foreign Workers in the United States " The Department of Labor’s (Department’s... Read More

Tags: DOL , oflc , H-2B

DOL to Revise H-2B Procedures
Posted on 27 Feb 2019 by Daniel M. Kowalski

DOL, Feb. 26, 2019 February 26, 2019. Department Announces Updates to its Procedures for Processing H-2B Applications for Temporary Labor Certification "The Department today announced updates to its procedures for processing H-2B applications... Read More

Unprecedented H-2B Visa Demand Hits DOL
Posted on 8 Jan 2019 by Daniel M. Kowalski

DOL OFLC, Jan. 7, 2019 - " OFLC Issues Last Status Update Today on the iCERT System. LAST OPERATING STATUS : The Department's iCERT Rapid Response Team has continued to monitor the iCERT system, which has consistently been open for service... Read More

Tags: DOL , oflc , icert , H-2B

iCERT Updates from DOL (Jan. 3, 2019)
Posted on 4 Jan 2019 by Daniel M. Kowalski

DOL Office of Foreign Labor Certification Jan. 3, 2019: OFLC Issues Status Update on Availability of the iCERT System The iCERT system for application processing is tentatively scheduled to open at 2:00 p.m. EST on MONDAY, JANUARY 7, 2019. The Department... Read More

Tags: DOL , oflc , icert , H-2B , H-2A

DOL Posts iCERT Notice (Jan. 2, 2019)
Posted on 2 Jan 2019 by Daniel M. Kowalski

DOL, Jan. 2, 2019 "The iCERT Portal System is currently unavailable. IMPORTANT ANNOUNCEMENT (Updated January 2, 2019, 12:00PM EST): Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U... Read More

Tags: DOL , oflc , icert , H-2B

DOL iCERT Website Crash Affects 33,000 H-2B Visas
Posted on 1 Jan 2019 by Daniel M. Kowalski

Employers vying for the 33,000 H-2B visas (for temporary, non-agricultural workers) with an April 1, 2019 start date were poised last night to e-file critical document packets at one nanosecond past midnight, EST. See: December 27, 2018. H-2B Application... Read More

Tags: DOL , oflc , icert , H-2B

DOL Pops 'Popsy Pop' for $82K in H-2B Violations
Posted on 4 Dec 2012 by Daniel M. Kowalski

"Popsy Pop LLC in Somerdale has agreed to pay $34,200 in back wages to 55 workers and $48,000 in civil money penalties after an investigation by the U.S. Department of Labor’s Wage and Hour Division found willful violations of the H-2B provisions... Read More

Tags: back wages , DOL , H-2B

DOL to Ramp Up Fraud Probes of H Visa Programs
Posted on 7 Jun 2017 by Daniel M. Kowalski

Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as... Read More

Tags: DOL , labor , Fraud , H-1B , acosta , H-2B , H-2A

Relief in Sight for H-2B Visas?
Posted on 14 Mar 2015 by Daniel M. Kowalski

I have read DOL email chatter about a joint DOL/DHS Interim Final Regulation (IFR) to be published by April 30th that would address the crisis flowing from the March 4, 2015 Perez v. Perez decision. Watch this space for further news. DOL and/or DHS may... Read More

Tags: DOL , DHS , joint ifr , H-2B

Tangled H-2B Web - Update
Posted on 4 Apr 2013 by Daniel M. Kowalski

Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original... Read More

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez
Posted on 21 May 2014 by Daniel M. Kowalski

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing... Read More