Mark A Ivener, A Law Corporation

Category: DOL


District Court Grants Extension to DOL for H-2B Program

On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively allowing the Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B… Read More

AAO Decides Two Cases—Definition of ‘Doing Business’ and Material Change in Place of Employment

U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) recently decided two cases of interest. In Matter of Leaching International, Inc., 26 I&N Dec. 532 (AAO 2015), in which the petitioner’s appeal was sustained, the AAO noted that the petitioner is a U.S. subsidiary of a Chinese clothing manufacturing company that filed an Immigrant… Read More

Labor Dept. Publishes 2015 Allowable Charges for Agricultural Workers’ Meals and Travel Reimbursements

On February 23, 2015, the Department of Labor (DOL) published allowable charges for H-2A agricultural workers’ meals and travel subsistence reimbursement, including lodging. DOL provides the methodology for determining the maximum amounts that H-2A agricultural employers may charge their U.S. and foreign workers for providing them with three meals per day during employment. This methodology… Read More

Labor Dept. Publishes 2015 Allowable Charges for Agricultural Workers’ Meals and Travel Reimbursements

On February 23, 2015, the Department of Labor (DOL) published allowable charges for H-2A agricultural workers’ meals and travel subsistence reimbursement, including lodging. DOL provides the methodology for determining the maximum amounts that H-2A agricultural employers may charge their U.S. and foreign workers for providing them with three meals per day during employment. This methodology… Read More

DOL Elaborates on Procedures Under Comite de Apoyo Decision Re H-2B Prevailing Wages

In response to inquiries, the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) recently elaborated on the procedures for implementing the decision in Comite de Apoyo a los Trabajadores Agricolas et al. v. Solis, No. 14-3557 (3d Cir.). That decision invalidated DOL regulations authorizing employers to use employer-provided wage surveys for prevailing wage… Read More