Immigration Law

Recent Posts

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

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

Editor's Corner: Can OFLC Overrule BALCA by FAQ? (On the Meaning of H-2B 'Worksite')
Posted on 5 Oct 2016 by Daniel M. Kowalski

Daniel M. Kowalski, Oct. 5, 2016 - "On April 15, 2016, BALCA held that for H-2B visa truckers, "[t]here is only one opening for full-time employment and it is where the trucking terminal is located. There is no “job opportunity”... Read More

Tags: balca , worksite , kowalski , faq , H-2B

Counsel for Island Holdings Responds to DOL Position
Posted on 25 Dec 2013 by Daniel M. Kowalski

"Neither employers nor the Department may flout a BALCA decision. We look forward to receiving your written confirmation that H-2B employers will be receiving timely notification from the NPWC that the SPWDs never became effective and were vacated... Read More

BALCA, En Banc (5-0,) Vacates H-2B Supplemental PWDs: Matter of Island Holdings
Posted on 4 Dec 2013 by Daniel M. Kowalski

"The Department’s H-2B regulations do not require an employer to increase the wage it offers and pays its H-2B workers after the Department has approved and certified its Application for Temporary Employment Certification. It was an abuse of... Read More

News Excerpts From The Jan. 1, 2014, Bender's Immigration Bulletin
Posted on 19 Dec 2013 by LexisNexis Legal Newsroom Staff

EOIR Issues New Guidance Following Settlement of Asylum Clock Suit | On December 2, 2013, the Office of the Chief Immigration Judge issued two memoranda concerning implementation of the employment authorization “clock” for asylum applicants... Read More