Immigration Law

Recent Posts

SEC Clears Way (with Strict Rules) to Attract EB-5 Immigrant Investors
Posted on 13 Jul 2013 by Daniel M. Kowalski

On July 12, 2013 Bernard P. Wolfsdorf and Adam Francoeur wrote : " Following the April passage of the Jumpstart Our Business Startups Act (“JOBS Act”), the Securities and Exchange Commission (SEC) announced the elimination of the ban... Read More

EOIR Rules (Two Final, One Proposed) in Oct. 1st Federal Register
Posted on 29 Sep 2015 by Daniel M. Kowalski

List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings - "This final rule adopts, as amended, the proposed rule entitled “List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings.” The... Read More

IRS Tightens ITIN Rules
Posted on 7 Dec 2012 by Daniel M. Kowalski

Here is the Dec. 2012 news recap ; the Nov. 2012 IRS bulletins are here and here . Read More

Tags: ITIN , IRS , rules

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules
Posted on 10 Jan 2014 by Daniel M. Kowalski

"Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding... Read More

H-2B Visa Uproar: Gridlock, Chaos...or Opportunity?
Posted on 2 Apr 2013 by Daniel M. Kowalski

On March 21, 2013 the U.S. District Court for the Eastern District of Pennsylvania enjoined and vacated the 2008 Wage Rule . As of March 22, 2013, DOL began to " hold[...]in abeyance the issuance of final determinations on most pending H-2B applications... Read More

Tags: injunction , DOL , USCIS , rules , H-2B

EOIR Set to Publish Representation Rules
Posted on 17 Sep 2015 by Daniel M. Kowalski

EOIR, Sept. 16, 2015 - EOIR Publishes Rules Regarding Legal Representation " The Executive Office for Immigration Review (EOIR) today announced that the Deputy Attorney General has signed for publication in the Federal Register one proposed rule... Read More

EOIR Publishes Representation Rules
Posted on 1 Oct 2015 by Daniel M. Kowalski

1. Separate Representation for Custody and Bond Proceedings - "This final rule adopts, without change, the proposed rule ‘‘Separate Representation for Custody and Bond Proceedings’’ as published in the Federal Register on... Read More

11th Circuit Holds Labor Department Has No Authority to Issue H-2B Rules
Posted on 1 Apr 2013 by Daniel M. Kowalski

" Today the United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Northern District of Florida enjoining the Department of Labor (DOL) from enforcing its non-immigrant non-agricultural... Read More

CA4 on H-2A Regulatory Whiplash: North Carolina Growers' Association, Inc. v. Solis
Posted on 23 Dec 2012 by Daniel M. Kowalski

"This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s... Read More

Tags: DOL , APA , rules , H-2A

Tangled H-2B Web - Update
Posted on 4 Apr 2013 by Daniel M. Kowalski

Angelo A. Paparelli writes : "This post -- originally published on March 31, 2013 -- is a guest column ( updated on April 3, 2013 ) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services. The original... 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

DHS to Adopt New Rules on Immigration Detention Abuse
Posted on 7 Dec 2012 by Daniel M. Kowalski

" Immigrants detained in facilities run by the Department of Homeland Security are a step closer to having similar protections from sexual abuse as inmates in the U.S. prison system. The DHS announced the new rules today for its detention facilities... Read More