Immigration Law

Recent Posts

The Additional H-2B Visa Numbers: Too Few, Too Late...And The "Irreparable Harm" Attestation is Ultra Vires
Posted on 22 May 2021 by Daniel M. Kowalski

To understand what is wrong with the DHS/DOL Joint Temporary Final Rule adding 22,000 H-2B visas to the quota (6,000 reserved for nationals of the "Northern Triangle" countries of Honduras, El Salvador, and Guatemala), see my July 25, 2017 Law360... Read More

Tags: kowalski , 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

New H-2B Regs Hold Some Hurdles For Small Businesses
Posted on 29 Apr 2015 by Daniel M. Kowalski

"The U.S. Department of Homeland Security and the U.S. Department of Labor released new H-2B visa regulations Tuesday after previous versions were struck down by a federal judge, and attorneys say small changes to the regulations could make the program... Read More

Landscaping Groups Sue Over New H-2B Regulations - Law360
Posted on 3 Jun 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, June 2, 2015 - "Several landscape businesses and groups launched a suit in Florida federal court Monday challenging brand-new regulations for the H-2B program issued by the U.S. Department of Labor and U.S. Department of... Read More

H-2B Visas And The Making Of An 'Ultra Vires' Regulation - Daniel M. Kowalski (Law360)
Posted on 26 Jul 2017 by Daniel M. Kowalski

Daniel M. Kowalski, July 25, 2017 - "[O]n July 19, 2017, DHS and the DOL jointly published a temporary rule in the Federal Register, effective immediately, authorizing the issuance of an additional 15,000 H-2B visas through the end of fiscal year... Read More

DHS, DOL Add 15K H-2B Visas...But Only If Employers Attest to "Irreparable Harm" - UPDATED
Posted on 17 Jul 2017 by Daniel M. Kowalski

DHS, July 17, 2017 - "U.S. businesses in danger of suffering irreparable harm due to a lack of available temporary nonagricultural workers will be able to hire up to 15,000 additional temporary nonagricultural workers under the H-2B program under... Read More

H-2B Temporary Rule Published in FR (July 19, 2017)
Posted on 19 Jul 2017 by Daniel M. Kowalski

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 - "The Secretary of Homeland Security (‘‘Secretary’’), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H–2B... Read More