Immigration Law

Recent Posts

AAO on H-1B, Entry Level, Level 1 Wage (Jan. 25, 2018)
Posted on 25 Jan 2018 by Daniel M. Kowalski

Two new decisions today, Jan. 25, 2018: Matter of B-C-, Inc., ID# 1139516 (AAO Jan. 25, 2018) Matter of G-J-S-USA, Inc., ID# 1182139 (AAO Jan. 25, 2018) Read More

Tags: wage , AAO , H-1B , entry level

The AAO Finds That Entry Level Wages Do Not Automatically Preclude H-1B Visa Classification - Cyrus D. Mehta & Sophia Genovese
Posted on 6 Feb 2018 by Daniel M. Kowalski

Cyrus D. Mehta & Sophia Genovese, Feb. 6, 2018 - " As we have previously blogged , many of the Requests for Evidence (RFEs) issued to petitions filed under the FY 2018 H-1B visa lottery objected to the H-1B worker being paid an entry level wage... Read More

Tags: wage , mehta , AAO , H-1B , entry level

GEO Sued for Minimum Wage and Forced Labor Law Violations, and Unjust Enrichment
Posted on 23 Oct 2014 by Daniel M. Kowalski

"Yesterday, Alejandro Menoca, Marcos Brambila, Grisel Xahuentitla, Hugo Hernandez, Lourdes, Argueta, Jesus Gaytan, Olga Alexaklina, Dagaberto Vizguerra, and Demetrio Valerga on their own behalf and others similarly situated filed a complaint informing... Read More

Former McDonald's Franchisee Settles With DOL for $211K in FLSA, J-1 Summer Work Case
Posted on 20 Feb 2014 by Daniel M. Kowalski

"Former McDonald's franchisee Cheung Enterprises LLC and president Andrew Cheung, based in Middletown, have agreed to pay $205,977 in back wages and liquidated damages to 291 employees, including 178 foreign student workers hired under the U... Read More

New H-2B Wage Rule Will Be Applied to Current Workers
Posted on 24 Apr 2013 by Daniel M. Kowalski

From the DOL FAQ of April 24, 2013 : "[I]f you currently employ H-2B workers, you and your current workers are affected by the new wage rule. Employers who have H-2B workers perform work on or after April 24, 2013, will receive a new prevailing wage... Read More

Tags: wage , DOL , faq , H-2B

Advance copy of DOL Guidance: H-2B Wage Methodology, Delay of Effective Date
Posted on 29 Dec 2011 by Daniel M. Kowalski

"This Notice provides additional guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance... Read More

Tags: wage , guidance , H-2B

OALJ on H-1B Repayment Agreement: Matter of Woodmen of the World Life Insurance Society
Posted on 29 Oct 2016 by Daniel M. Kowalski

Matter of Woodmen of the World Life Insurance Society, Oct. 26, 2016 - "The rub is whether the actual wage is what Woodmen Life paid Garcia ($92,880.77) or whether it should be based on what it paid five other non H-1B System Test Engineers who had... Read More

Tags: wage , woodmen , repayment , H-1B

H-1B Entry Level Wage Blues - Cyrus Mehta
Posted on 31 Jul 2017 by Daniel M. Kowalski

Cyrus Mehta, July 31, 2017 - "Those who filed under the FY 2018 H-1B visa lottery and were selected must have been pleased. As premium processing was eliminated, the approvals have just started coming in this summer. Cases that are not readily approved... Read More

Tags: wage , mehta , H-1B , entry level

H-2B Update from USCIS: April 3, 2013
Posted on 4 Apr 2013 by Daniel M. Kowalski

"As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered... Read More

Tags: wage , DOL , USCIS , H-2B

FAM Update: Change in Wage Requirement in Contracts for A-3, G-5, and NATO-7 Domestic Workers
Posted on 8 Mar 2016 by Daniel M. Kowalski

DOS, Mar. 8, 2016 - "The 9 FAM 402.3-9(B)(4) notes have been updated to reflect a change in wage requirements for A-3, G-5, and NATO-7 domestic workers. Effective immediately, all contracts for domestic workers must state an hourly wage to be paid... Read More

Advance Copy of DOL Final Rule: Delay of H-2B Wage Methodology Effective Date
Posted on 28 Dec 2011 by Daniel M. Kowalski

"The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits... Read More

DOL E-Mailbox for H-2B Prevailing Wage Questions
Posted on 30 Dec 2011 by Daniel M. Kowalski

"Please submit questions regarding the H-2B Wage Rule to the following e-mail box (established by the Department specifically for this purpose) H2Bwagerule@dol.gov ." - DOL, Dec. 30, 2011 . Read More

Tags: wage , DOL , mailbox , H-2B

CA8 Arkansas H-2B Wage Victory - Cuellar-Aguilar v. Deggeller Attractions, Inc.
Posted on 15 Dec 2015 by Daniel M. Kowalski

Cuellar-Aguilar v. Deggeller Attractions, Inc., Dec. 15, 2015 - "Appellants are nineteen workers who were employed by Deggeller Attractions, Inc. (“Deggeller”), a Florida corporation that operates a traveling carnival in Arkansas and... Read More