Immigration Law

Recent Posts

DHS on Identification Documentation Needed for Air Travel
Posted on 10 Jan 2016 by Daniel M. Kowalski

DHS Secretary Jeh Johnson, Jan. 8, 2015 - "Today I announce the schedule for the final phase of implementation of the REAL ID Act. Bottom line up front: Effective January 22, 2018, air travelers with a driver’s license or identification card... Read More

Tags: TSA , real id , travel , DHS

A Paperless Christmas: Not Going Home for the Holidays
Posted on 8 Dec 2013 by Daniel M. Kowalski

"Undocumented migrants in Ireland and in the US have much in common. They fear officialdom, are unable to access basic healthcare, welfare and educational services, and are vulnerable to abusive employers. They can’t travel, for fear of being... Read More

'Tis the Season to Travel
Posted on 21 Dec 2013 by Daniel M. Kowalski

"As many foreign nationals will be traveling abroad over the upcoming holiday season, this brief travel memo summarizes the basic requirements for international travel/return to the United States. Please note that DHS and DOS policy often changes... Read More

BALCA on ad language, travel: Matter of Microsoft
Posted on 2 Mar 2012 by Daniel M. Kowalski

"[W]e find that the phrase “may require employer-reimbursed travel” is indistinguishable from the DOL-endorsed phrase “some positions may require travel.” Based on the foregoing, we find that the Employer’s NOF, SWA... Read More

BALCA Grants Labor Cert...Five Years Later - Matter of Computer Sciences Corp.
Posted on 14 Jul 2015 by Daniel M. Kowalski

"On February 4, 2010, the Employer filed an Application for Permanent Employment Certification (ETA Form 9089) for a Program Office Senior Manager position. ... In the instant case, the CO denied certification based on the Employer’s inclusion... Read More

Tags: balca , perm , symantec , travel

BALCA on Context, SWA Job Orders: Matter of Microsoft
Posted on 17 Jul 2015 by Daniel M. Kowalski

"Based on the foregoing, we find that the Employer’s NOF does not contain a job requirement that exceeds that which is on the ETA Form 9089, because it is clear within the overall context of the advertisements that not all of the Support Engineering... Read More

BALCA on PERM, Travel, Relocation: Matter of Infosys, Ltd. (May 12, 2016)
Posted on 14 May 2016 by Daniel M. Kowalski

Matter of Infosys, Ltd. - "This case presents essentially two questions. 1) Did the CO correctly determine that the possibility that workers might be required to relocate was not subsumed in the Employer‘s description of the work locations... Read More