Immigration Law

Recent Posts

Does BALCA Speak For DOL? - Reflections on Island Holdings: Gary Endelman & Cyrus D. Mehta
Posted on 20 Jan 2014 by Daniel M. Kowalski

" In the ongoing litigation over the authority of the Department of Labor (DOL) to promulgate H-2B prevailing wage methodology in the Third Circuit, Louisiana Forestry Ass’n v. Secretary of Labor , No. 12-4030, the DOL wrote a letter stating... Read More

Advance Copy of DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings; Request for Comment
Posted on 16 Dec 2014 by Daniel M. Kowalski

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and... 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

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

DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings
Posted on 17 Dec 2014 by Daniel M. Kowalski

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and... Read More

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

What Island Holdings Means for H-2B Employers
Posted on 16 Dec 2013 by Daniel M. Kowalski

" Island Holdings is a very significant decision. Although precise estimates are difficult to come by, it is certain that BALCA’s decision saves employers millions of dollars in unforeseeable and unplanned for expenses. Many employers simply... Read More