Immigration Law

Recent Posts

DHS Waives Environmental Regulations for Border Wall Construction
Posted on 2 Aug 2017 by Daniel M. Kowalski

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious... Read More

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

CA10 on H-2B, Improper Delegation: Daniels v. Perez
Posted on 3 Sep 2015 by Daniel M. Kowalski

"The issue we confront is whether an agency may, without Congressional authorization, delegate its decision-making responsibility to an entirely different agency. Courts are quite tolerant of the administrative practices of agencies, but passing... Read More

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers
Posted on 7 May 2014 by Daniel M. Kowalski

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups... Read More

DHS Proposes to Amend FOIA Regs - July 29, 2015 NPRM
Posted on 29 Jul 2015 by Daniel M. Kowalski

"This rule proposes to amend the Department of Homeland Security’s (DHS) regulations under the Freedom of Information Act (FOIA). The Department (DHS) is proposing to update and streamline the language of several procedural provisions, and... Read More

Technical Corrections to Immigration Enforcement Regulations
Posted on 9 Sep 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 - "The Department of Homeland Security (DHS) is amending its regulations to update various provisions that list specific immigration officials who are authorized to perform various immigration... Read More

DOL on New H-2B Regulations
Posted on 29 Apr 2015 by Daniel M. Kowalski

"On April 29, 2015, the Departments of Labor and Homeland Security jointly published new regulations governing the H-2B Temporary Non-agricultural Labor Certification Program. The new regulations are effective immediately. The Department of... Read More

Tags: H-2B , regulations

DHS Launches 'Retrospective Review' of 8 C.F.R.
Posted on 11 Oct 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 - "The Department of Homeland Security (Department or DHS) is seeking comments from the public on specific existing significant DHS regulations that the Department should consider as... Read More

Special Immigrant Religious Worker Regs Ultra Vires: Passionists & Ocampo v. Johnson
Posted on 7 Feb 2015 by Daniel M. Kowalski

"The precise question presented in this case is whether the statute that Congress enacted, which defines the class of immigrants who are eligible for a special immigrant religious worker visa, excludes individuals seeking to qualify based on work... Read More

Court Enjoins 2008 H-2B Regulations: Perez v. Perez
Posted on 5 Mar 2015 by Daniel M. Kowalski

"On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor‘s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations... Read More

New H-2B Prevailing Wage, Program Regulations
Posted on 29 Apr 2015 by Daniel M. Kowalski

Program Interim Final Rule : "The Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal nonagricultural... Read More

Tags: H-2B , regulations

Hey, Immigration Bureaucrats: Corporations Are NOT People!
Posted on 16 Oct 2012 by Daniel M. Kowalski

"In the immigration sphere, bureaucrats in the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) often refuse to accept the established rule-of-law principle that companies are to be treated as distinct from their individual... Read More

Proposed Rule: Standards To Prevent, Detect, and Respond to Sexual Abuse and Assault in Immigration Jails
Posted on 19 Dec 2012 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) proposes to issue regulations setting standards to prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities. DATES: Comments and related material must either be submitted to... Read More

USCIS Gets an EB-5 Earful at Immigration Listening Session: Angelo A. Paparelli
Posted on 28 Apr 2014 by Daniel M. Kowalski

"On April 23, 2014, U.S. Citizenship and Immigration Services (USCIS) -- the component of the Department of Homeland Security (DHS) that administers the EB-5 Immigrant Investor Program -- held an important "Listening Session" with the stakeholder... Read More

Instruct Us Again on the Immigration Rules
Posted on 7 May 2012 by Daniel M. Kowalski

"That some federal officers, such as the swoop-down visitors from USCIS's Fraud Detection and Nationality Security Directorate , would try to defy Constitutional protections and black-letter administrative law through the back-door rewriting... Read More