Immigration Law

Recent Posts

H-2B Temporary Rule Published in FR (July 19, 2017)
Posted on 19 Jul 2017 by Daniel M. Kowalski

Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 - "The Secretary of Homeland Security (‘‘Secretary’’), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H–2B... 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

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

8 CFR 204.5(m)(4) and (11) Ultra Vires: Shalom Pentecostal Church v. Beers
Posted on 16 Sep 2013 by Daniel M. Kowalski

"Because the Regulation is ultra vires, Plaintiffs’ motion for summary judgment is GRANTED to the extent it seeks to strike 8 C.F.R. §§ 204.5(m)(4) and (11). ... Here, Defendants’ sole basis for denial of the petition was the... Read More