Immigration Law

Recent Posts

J-1 Hardship Victory at SDNY: Teleanus v. Koumans
Posted on 24 Aug 2020 by Daniel M. Kowalski

Teleanus v. Koumans "Here, because the AAO failed to “articulate a satisfactory explanation” for why Mr. Teleanu’s departure would not constitute exceptional hardship for J.T., and provided no indication that it gave “explicit... Read More

Tags: j-1 , hardship

$65M J-1 Au Pair Lawsuit Settlement: Final Approval (Beltran v. InterExchange)
Posted on 19 Jul 2019 by Daniel M. Kowalski

July 18, 2019 " Beltran, et al. v. InterExchange, Inc., et al. - 14-cv-03074-CMA-KMT (D. Colo.) If you were an au pair on a J-1 visa in the United States between Jan. 1, 2009, and October 28, 2018, you could get a payment from a settlement... Read More

Tags: au pair , j-1 , Beltran

J-1 Au Pairs Win Class Certification in Wage Suit (Beltran v. Interexchange)
Posted on 5 Feb 2018 by Daniel M. Kowalski

Tiffany Hu, Law360, Feb. 2, 2018 - "A Colorado federal judge on Friday partially granted class certification to more than 91,000 au pairs alleging that multiple sponsor agencies colluded to set low pay rates, finding that of the proposed classes... Read More

J-1 Visa Au Pair FLSA Wage Suit Advances in Colorado; Collusion Smoking Gun? - Beltran v. Noonan
Posted on 2 Apr 2016 by Daniel M. Kowalski

Beltran v. Noonan, Mar. 31, 2016 - "Plaintiffs’ circumstantial evidence presented sufficient circumstantial evidence of a viable economic theory of collusion ... the Court agrees with [Magistrate] Judge Tafoya’s conclusion that the FLSA... Read More

Culture Shock: The Exploitation of J-1 Cultural Exchange Workers
Posted on 23 Mar 2014 by Daniel M. Kowalski

"They come to experience all America has to offer. They hope to pay their way by working a summer job as they experience a new culture and learn English. They work in our hotels, restaurants, fast-food chains and amusement parks. They work for companies... Read More

J-1 Students in South Carolina Exploited for Cheap Labor - SPLC Complaint
Posted on 28 Jul 2016 by Daniel M. Kowalski

SPLC, July 27, 2016 - "Foreign college students who paid thousands of dollars to spend their summer living and working in the United States as part of a federal cultural exchange program were exploited by a labor broker who used the program as a... Read More

Cheap Labor as Cultural Exchange: The $100 Million Work Travel Industry
Posted on 20 Dec 2011 by Daniel M. Kowalski

“Cheap Labor as Cultural Exchange: The $100 Million Work Travel Industry”, is based on five months of reporting by CIS senior research fellow and Pulitzer Prize-winning former journalist Jerry Kammer. The series tells the story of the... Read More

J-1 Visa Workers Strike McDonald's in Pennsylvania
Posted on 7 Mar 2013 by Daniel M. Kowalski

"Alleging unpaid wages and repeated retaliation, McDonald’s workers in central Pennsylvania launched a surprise strike at 11 this morning. The strikers are student guest workers from Latin America and Asia, brought to the United States under... Read More

Former McDonald's Franchisee Settles With DOL for $211K in FLSA, J-1 Summer Work Case
Posted on 20 Feb 2014 by Daniel M. Kowalski

"Former McDonald's franchisee Cheung Enterprises LLC and president Andrew Cheung, based in Middletown, have agreed to pay $205,977 in back wages and liquidated damages to 291 employees, including 178 foreign student workers hired under the U... Read More

State Dept. to review J-1 Summer Work Travel visa program
Posted on 7 Dec 2011 by Daniel M. Kowalski

"Secretary of State Hillary Rodham Clinton has ordered an "extensive and thorough review" of a foreign exchange program that has been used by U.S. businesses as a source of cheap labor and exploited by criminals to import women to... Read More

State Department Revises Foreign Student Job Program After Abuse Complaints
Posted on 5 May 2012 by Daniel M. Kowalski

"The State Department, responding to a wave of complaints from foreign students about abuses under a summer cultural exchange program, issued new rules on Friday significantly revising the types of jobs the students can do, prohibiting them... Read More

Colorado Ski Resorts Lose H-2B Workers, Keep J-1 Visas Steady
Posted on 25 Nov 2012 by Daniel M. Kowalski

"Four years ago Aspen Skiing Co. hosted about 400 H2B visa workers in operations at its four Roaring Fork Valley ski areas. This year, there will be two among its 2,000 employees. "H2Bs have essentially gone away," said Jim Laing, vice... Read More

Tags: j-1 , ski resorts , visas , H-2B

State Department Removes Company From J-1 Summer Work Program
Posted on 2 Feb 2012 by Daniel M. Kowalski

"Signaling a sharp change of course in the country’s largest international cultural exchange program, the State Department has banned a leading sponsor company from bringing foreign students to the United States for summer jobs and will... Read More

Guest Worker Visa Troubles Visit McDonald's
Posted on 9 Mar 2013 by Daniel M. Kowalski

"For Argentine college student Jorge Rios, a U.S. government cultural-exchange program had huge appeal: He would earn money and use it to explore the country. But after spending $3,000 to participate, Mr. Rios said he found himself at the mercy of... Read More

Protecting Guest Workers in the United States
Posted on 9 Jan 2012 by Daniel M. Kowalski

"As the director of a project focused on the rights of migrant workers, I have been closely following the situation at the Hershey's Chocolate packing plant in Palmyra, Pennsylvania. Earlier this year, exchange students on J-1 visas faced... Read More