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

Did You Know?
Posted on 27 Mar 2020 by Daniel M. Kowalski

You don't have to wait for the daily email summary to profit from . Visit and refresh the site any time, day or night! I am posting new content to the site all the time. Please alert me to any news items you think should be on... Read More

"Why Detain at All?"
Posted on 29 Jun 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, June 29, 2019 "A federal judge has ordered a mediator to move swiftly to improve health and sanitation at Border Patrol facilities in Texas, where observers reported migrant children were subject to filthy conditions... Read More

Orlando for AILA? BIBcast!
Posted on 19 Jun 2019 by Daniel M. Kowalski

If you will be in Orlando today through Saturday, June 19-22, for the AILA conference, come speak into my microphone for a 60-second audio "BIBcast" I will post to this website, . You can find me by tweeting to @dkbib on Twitter... Read More

Tags: bib , orlando , kowalski , aila

The Immigration Crisis Jeff Sessions Leaves Behind - Julia Preston
Posted on 8 Nov 2018 by Daniel M. Kowalski

Julia Preston, The Marshall Project, Nov. 7, 2018 - "Before he was forced to resign on Wednesday, Sessions was exceptionally aggressive as attorney general, using his authority to steer the immigration courts , restrict access for migrants to the... Read More

LexisNexis Authors on Trump's Notion to Bar Asylum-Seekers
Posted on 29 Oct 2018 by Daniel M. Kowalski

Alfredo Corchado, Dianne Solis, Dallas Morning News, Oct. 27, 2018 - "If Trump issues an executive order to deny migrants the chance to apply for asylum, it will quickly face legal challenges. The Immigration and Nationality Act contains provisions... Read More

Why Are Immigration Court Bonds Skyrocketing?
Posted on 25 Jul 2018 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, July 23, 2018 - "Nothing in the law has changed regarding bonds," said Dan Kowalski, an immigration attorney and editor of an immigration law bulletin . "The only explanation I can think of is immigration... Read More

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

At the AILA Conference in Boston...Meet the Experts!
Posted on 27 May 2014 by Daniel M. Kowalski

Come to the LexisNexis booth to meet: Wednesday, June 18 6:00 p.m. – 6:30 p.m. Daniel M. Kowalski Thursday, June 19 12:30 p.m. – 1:00 p.m. Lindsay A. Curcio ; 5:15 p.m. – 5:45 p.m. Ronald Y. Wada Friday, June 20 5:15 p.m. –... 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

Book Review: Immigration Enforcement: I-9 Compliance Handbook
Posted on 3 Dec 2009 by Daniel M. Kowalski

Immigration Enforcement: I-9 Compliance Handbook, by Ann Allott, Daniel M. Kowalski, and Camille Griffin 215 pp.; $29 LexisNexis Matthew Bender, 2009. Reviewed by Marlin W. Burke, The Colorado Lawyer December 2009 Vol. 38, No. 12 [Page 77]. © 2009... 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

Why Don't They Come Legally? The Answer May Surprise You - Daniel M. Kowalski
Posted on 15 Mar 2017 by Daniel M. Kowalski

Daniel M. Kowalski, special to the Austin American-Statesman, Mar. 14, 2017 - "“Why don’t they come in here legally?” It’s the complaint we hear all the time about the nation’s estimated 11.1 million people living in... Read More

Ag Secretary Says Trump Open to Allowing Immigrant Farm Workers To Stay In U.S.
Posted on 28 Apr 2017 by Daniel M. Kowalski

Peggy Lowe, Harvest Public Media, Apr. 28, 2017 - "U.S. Agriculture Secretary Sonny Perdue on Friday said President Trump may be open to creating a way for some undocumented immigrant workers to stay in the U.S. and Perdue is already working on a... Read More

Highly Skilled Immigrant Spouses Can Soon Work In U.S.
Posted on 25 Feb 2015 by Daniel M. Kowalski

"When Neha Mahajan's husband got a job transfer from New Delhi to New Jersey, she was excited to come along. But the thrill faded when the television reporter realized there was no way she could get a job in the United States because immigration... Read More