Legal Updates

On June 11, 2025, the Civil Division of the Department of Justice issued a memorandum announcing its enforcement priorities under the Trump administration. Under the memo, among other things, a policy shift heightens the priority of civil denaturalization enforcement.

On July 1, 2025, a federal judge blocked the Trump administration's recently announced early termination of Temporary Protected Status for Haiti.

The judge said that "this court has no hesitation determining this situation warrants emergency injunctive relief and class certification."

The Temporary Protected Status designations for the two countries were set to expire on July 5, 2025. The termination will be effective September 8, 2025.

Applicants must submit the new fees with benefit requests postmarked on or after July 22, 2025. U.S. Citizenship and Immigration Services said it will reject any form postmarked on or after August 21, 2025, without the proper fees.

U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master's cap, for fiscal year 2026. 

The new Status Change Report now includes an additional "Revoked Document Number" field.

For the first time in 120 years, the Minnesota legislature has enacted a comprehensive overhaul of its laws on the partition of real property with the new Minnesota Partition Act. The Act will replace the existing partition law for all partition actions commenced on or after August 1, 2025.

Manufacturers who sell, offer for sale or distribute within Minnesota products that contain intentionally added per- or polyfluoroalkyl substances now have until July 1, 2026, to submit information on those products to the Minnesota Pollution Control Agency commissioner.

A recent decision from the U.S. District Court for the Southern District of New York sheds light on how existing intellectual property laws apply (or do not apply) to AI-generated voice clones.

I-9 compliance is a notoriously difficult area for employers, and this is only further highlighted by the additional complications and considerations posed by the recent termination of Temporary Protected Status and Humanitarian Parole for nationals of certain countries.

The 2025 Minnesota special legislative session led to notable changes for Minnesota environmental and natural resource laws.

The U.S. Environmental Protection Agency recently issued a memorandum clarifying the scope of Clean Water Act Section 401 certification.

Effective June 1, 2025, the Minnesota Pollution Control Agency finalized its 2025 Multi-Sector General National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Permit MNR050000 regulating the discharge of industrial stormwater.

President Trump issued a proclamation, “Restricting the Entry of Foreign Nationals to Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats.” The proclamation includes a country-by-country list of restrictions and exceptions.

Following a Boulder, Colorado, attack perpetrated by an Egyptian national, the Department of Homeland Security said that U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services will be “ramping up the review of immigration records and will take immediate appropriate actions” to crack down on visa overstays.

Termination of Temporary Protected Status for Nepal and Cameroon will take place in August.

Undocumented persons who self-deport from the United States through the CBP Home App will receive forgiveness of any civil fines or penalties for failing to depart, the Department of Homeland Security said.

The Department of State resumed visa processing for new and returning students and exchange visitors (F, M and J nonimmigrants) but announced enhanced social media and online presence screening and vetting procedures. Consular posts may resume processing of expedited appointment requests and are directed to prioritize physicians applying for J visas and applicants studying at U.S. universities where international students constitute 15% or less of the total student body.

President Trump has reversed the pause he called for a week ago on deportation-related raids by U.S. Immigration and Customs Enforcement on worksites in the agricultural, hospitality and restaurant industries.

The three-day filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting a work start date of October 1, 2025, will open on July 3, 2025, and close on July 5, 2025.

On June 27, 2025, in a case implicating President Trump’s Executive Order on birthright citizenship, the U.S. Supreme Court issued a decision limiting federal courts’ ability to issue nationwide injunctions blocking executive orders and broad national policies. The decision did not address the merits or constitutionality of President Trump’s Executive Order on birthright citizenship. The decision means that there will be continuing and evolving uncertainties, including legal challenges to the Executive Order in the federal courts.

The U.S. Supreme Court paused a lower court ruling to allow the Trump administration to deport people to third countries without the ability to argue that they would face torture. Specifically, a group of men being held at a military base in Djibouti will be sent to South Sudan while their case continues in court.

The Department of Homeland Security announced that it is revoking Employment Authorization Documents for certain people whose parole has been terminated. E-Verify and the Systematic Alien Verification for Entitlements program have launched new Status Change Reports for employers to identify if any of their E-Verify cases were created with an EAD that has been revoked.

Hundreds of doctors who were expected to begin medical residencies at U.S. hospitals shortly are stuck in “visa limbo” because of delays, an inability to make J-1 visa appointments or additional vetting, despite the Department of State’s recent announcement that interviews could resume. Others have been unable to enter the United States due to the Trump administration’s travel (entry) ban on 19 countries.

The U.S. Supreme Court issued two simultaneous opinions on June 18, 2025, that, between them, offer additional guidance as to the appropriate federal appellate court into which parties must bring challenges to Environmental Protection Agency actions under the Clean Air Act.

On June 1, 2025, the Minnesota Pollution Control Agency issued a final NPDES/SDS wastewater permit for 3M’s Cottage Grove Chemical Operations facility. Regarded as one of the most stringent permits in state history, it marks a significant regulatory milestone in the oversight of per- and polyfluoroalkyl substances (PFAS) in industrial wastewater.

On Friday, June 27, 2025, the Supreme Court ruled that the lower courts likely did not have the power to issue nationwide injunctions on the EO, asked the lower courts to reexamine their decisions and granted a partial stay of the nationwide injunctions.

The U.S. Supreme Court upheld a $9 billion federal universal service program which funds several telecommunications programs, reversing the Fifth Circuit Court of Appeals decision that held the program unconstitutional.

Minnesota’s 2025 legislative session and June 10 special session closed with a handful of new and amended employment laws of which employers should be aware. Here is a summary of significant changes impacting Minnesota workplaces.

The Minnesota Pollution Control Agency (MPCA) has announced its intent to extend the deadline by which manufacturers who sell, offer for sale or distribute within Minnesota products that contain intentionally added per- or polyfluoroalkyl substances (PFAS) must submit information on those products to the MPCA Commissioner. 

On June 6, 2025, Judge Claudia Wilken granted final approval of the House settlement agreement. The NCAA and its major conferences agreed to pay nearly $2.8 billion in back damages over the next decade to athletes who competed in college athletics at any time from 2016 through the present day. 

On March 31, 2025, the Minnesota Court of Appeals affirmed a decision by the Todd County Board of Commissioners that denied the request of Dairy Ridge LLC for a conditional use permit for its 75-acre dairy farm. 

On March 12, 2025, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced that the agencies would “move quickly” to revise their matching regulatory definitions of “Waters of the United States” (or, WOTUS).

The Trump administration ordered the termination of Harvard’s Student and Exchange Visitor Program certification, announced a ban on all foreign student visas for study at Harvard, and ordered foreign students currently studying at Harvard to transfer or lose their right to study in the United States. A district Court temporarily blocked the ban.

The U.S. Supreme Court ruled that the Trump administration can move forward, while legal proceedings continue, with revoking Temporary Protected Status for an estimated 350,000 Venezuelans in the United States who received TPS in 2023.

The Temporary Protected Status designation for the country expires on May 20, 2025, and the termination will take effect July 14, 2025. The decision affects an estimated 9,000 Afghans in the United States.

The Department of Homeland Security has extended Temporary Protected Status for South Sudan through November 3, 2025. The extension also automatically extends the validity of work permits previously issued under the TPS designation of South Sudan for six months.

On May 7, 2025, the Department of Homeland Security announced full implementation of REAL ID enforcement measures at Transportation Security Administration checkpoints nationwide. DHS said that 81% of travelers are already REAL ID compliant.

U.S. Immigration and Customs Enforcement reinstated many Student and Exchange Visitor Information System records as of April 24, 2025 — not retroactively to the date of termination of the records, thus leaving a gap that could be construed as rendering the students out of status during that time, which could have severe consequences.

Raising free speech concerns after the Trump administration’s targeting of international students for participating in protests, U.S. Citizenship and Immigration Services posted a warning stating that “EVERYONE should be on notice.”

As Minnesota’s retail cannabis industry begins to take shape, businesses seeking to enter the market must navigate a complex regulatory framework.

On May 21, 2024, Minnesota passed the Packaging Waste and Cost Reduction Act. Broadly, the Act aims to decrease waste associated with packaging products by increasing rates of recycling, reuse and compost and by encouraging the use of post-consumer recycled content.

On June 4, 2025, President Donald Trump signed a Presidential Proclamation enacting a travel ban for individuals from 19 countries from entering the United States. The proclamation takes effect at 12:01 a.m. EDT on Monday, June 9, 2025.

On May 29, 2025, the U.S. Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, clarifying the scope of federal agencies’ environmental-review obligations under the National Environmental Policy Act (NEPA). 

Minority investments in the healthcare industry are often a way for strategic investors (e.g., health systems or medtech companies) to gain early access to innovative technologies, deepen commercial relationships or influence product development without fully acquiring the company.

Small banks must proactively plan for shareholder succession to maintain stability and independence, addressing liquidity needs, regulatory requirements, and emotional challenges that arise from ownership transitions.

Wire transfers, originally developed by Western Union in the 1870s, continue to function similarly today, though modern technology has improved security and controls — fraud still persists. A recent legal case, New York v. Citibank, N.A., challenges longstanding principles by arguing that the Electronic Fund Transfer Act applies to consumer wire transfers, shifting liability to banks and raising concerns about future regulatory interpretations.

On January 27, 2025, the fintech company KuCoin pled guilty to one count of operating an unlicensed money transmitting business, resulting in nearly $300 million in penalties and a two-year exit from the United States financial market.

On Wednesday, the United States Court of International Trade issued a significant opinion invalidating many new import tariffs that were issued by the Trump administration starting earlier this year.

On May 22, 2025, the Minnesota Pollution Control Agency held a public hearing regarding its proposed “PFAS in Products: Reporting and Fees Rule.” During the public comment portion of the hearing, representatives from a variety of manufacturers who will be subject to the proposed Rule voiced a number of consistent concerns regarding the scope and timing of MPCA’s proposed requirements.

The Minnesota Pollution Control Agency (MPCA) has recently issued a Request for Comments for Planned Amendments to Rules Governing Animal Feedlots.

Litigants and litigators alike will feel the impact of Cook v. Trimble, a recent Court of Appeals decision regarding Minnesota’s Uniform Public Expression Protection Act. As the first published opinion interpreting UPEPA, Cook will be a key resource for individuals and businesses defending defamation and privacy claims in Minnesota.

After the weekend talks, on May 12, 2025, the United States and China published the Joint Statement on U.S.-China Economic and Trade Meeting in Geneva. As a result, the U.S. government’s general tariff rate on Chinese goods will fall to 10% from 125%.

Following numerous lawsuits and court orders, DHS suddenly restored many foreign students’ SEVIS records that it had abruptly deleted, but uncertainty remained.

In a case challenging terminations of a group of more than 130 F-1 students’ Student and Exchange Visitor Information System (SEVIS) records, a federal judge in Georgia granted a temporary restraining order on April 18, 2025. The order, effective immediately, directs the government to reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.

U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year 2025 with start dates from April 1 to May 14, 2025.

U.S. Citizenship and Immigration Services has begun issuing Requests for Evidence seeking home addresses for the purpose of collecting biometric data in H-1B and I-140 employment-based petitions, raising concerns.

Pursuant to a court order, parole termination notices sent to people in the United States from Cuba, Haiti, Nicaragua and Venezuela are stayed and therefore not currently in effect. No new requests for CHNV parole will be processed.

High demand and number use by India in the EB-5 unreserved visa categories, combined with increased Rest of World demand and number use, has made it necessary to further retrogress the India final action date to May 1, 2019.

By May 7, 2025, U.S. travelers’ documents must be REAL ID compliant to board domestic flights and access certain federal facilities.

The Trump administration has recently revoked more than 525 student, faculty and researcher visas.

U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2026 H-1B numerical allocations, including the advanced degree exemption.

Temporary Protected Status for Venezuela will remain in effect and the validity of work permits issued under the Venezuela TPS designations is extended through April 2, 2026, pending further litigation.

U.S. Citizenship and Immigration Services said that if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at or nearest to the time of birth, there may be delays in adjudication.

On April 30, 2025, the U.S., represented by the Environment and Natural Resources Division of the U.S. Department of Justice, sued Hawaii and Michigan. The U.S. alleges that potential lawsuits by Hawaii and Michigan against various fossil fuel companies are preempted by the Clean Air Act and would be unconstitutional.

On Monday, April 21, 2025, the Minnesota Pollution Control Agency (MPCA) issued a proposed rule governing products with intentionally added per- and polyfluoroalkyl substances (PFAS), the Proposed Rule’s Statement of Need and Reasonableness (SONAR), and notice of MPCA’s intent to hold an administrative hearing regarding the Proposed Rule. The public may now submit comments on the Proposed Rule up to and at its hearing on May 22, 2025.

The Immigration and Nationality Act requires “registration” for noncitizens who remain in the U.S. for more than 30 days. Many noncitizens are already registered; however, others must register and complete a biometric appointment.

On April 8, 2025, in response to China’s 34% retaliatory tariff announced on April 4, President Trump increased the reciprocal tariff on Chinese imports from 34% to 84%, effective 12:01 a.m. on April 9, 2025, and, at the same time, increased the ad valorem rate of duty for de minimis value shipments from 30% to 90%.

In response to the reciprocal tariff of 34% imposed on Chinese imports announced by President Trump on April 2, 2025, and coming into effect on April 9, 2025, China announced 34% tariffs on all U.S. imports, which will take effect on April 10, 2025.

The Final Rule issued by the U.S. Department of Justice on December 27, 2024, to implement the Executive Order 14117 of February 28, 2024, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” will come into effect on April 8, 2025.

On March 20, 2025, President Trump issued Executive Order 14241, titled “Immediate Measures to Increase American Mineral Production,” to facilitate domestic production of critical minerals vital for national security and economic prosperity (EO 14241). 

On April 2, 2025, President Donald Trump announced a wide-ranging program of tariffs on imported goods from around the world. In announcing the new tariffs, President Trump stated that the tariffs are needed to redress large and persistent annual U.S. goods trade deficits, which he argues result from disparate tariff rates and non-tariff barriers that make it harder for U.S. manufacturers to sell their products in foreign markets.

The Department of Labor's Employment and Training Administration announced annual updates to allowable monetary charges that employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge workers when the employer provides three meals per day.

U.S. Citizenship and Immigration Services has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year 2025. Also, the filing dates for supplemental H-2B visas for the remainder of this fiscal year are now available.

Travel to the United States has become trickier in recent months. This article summarizes tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States.

The Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a "temporary pause" on certain green card applications "to do more vetting."

U.S. Customs and Immigration Enforcement has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings.

The American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia sued the Trump administration over President Trump's "unlawful and unprecedented invocation" of the Alien Enemies Act of 1798, a wartime authority, to round up and deport Venezuelans from the United States without due process.

The Department of Homeland Security plans to terminate parole programs for an estimated 530,000 Cubans, Haitians, Nicaraguans and Venezuelans in the United States and their immediate family members.

U.S. embassies and consulates will no longer refuse an immigrant visa application for failure to present documentation that the applicant received the COVID-19 vaccination.

The annual limits will reset with the start of the new fiscal year on October 1, 2025.

The Department of State's Visa Bulletin for April 2025 reports that increased demand and number use by China and India in the EB-5 unreserved immigrant investor green card category, combined with increased Rest of World demand and number use, has made it necessary to retrogress the final action dates.

The Trump administration has said it plans to expand arrests and deportations based on foreign policy grounds.

In January 2025, the U.S. Department of Labor (DOL) under the Biden administration issued non-binding guidance for using employer-provided paid leave during overlapping state paid family leave under the Family and Medical Leave Act (FMLA).

On March 24, 2025, the Department of Labor released an update that affects H-2A and H-2B employers.

Following the U.S. Department of the Treasury’s March 2, 2025, announcement, the Financial Crimes Enforcement Network has issued an interim final rule removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information under the Corporate Transparency Act.

On March 26, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) added 80 entities to the Entity List, including 54 from China and about two dozen from Pakistan, the United Arab Emirates (UAE), South Africa and Iran.

The Council on Environmental Quality has announced plans to revoke its National Environmental Policy Act regulations following a recent court decision that found CEQ lacked the authority to issue them.

The U.S. Supreme Court issued a divided opinion on March 4, 2025, that reversed a Ninth Circuit decision upholding a National Pollutant Discharge Elimination System permit issued to San Francisco for its combined sewer system treatment facility.

A split panel of the U.S. Court of Appeals for the D.C. Circuit addressed a dispute over an Air Tour Management Plan developed by the Federal Aviation Administration (FAA) and the National Park Service (NPS) which governs commercial tourist flights over four national parks near San Francisco, California. The Marin Audubon Society and other environmental groups challenged the Plan, arguing that the agencies failed to comply with regulations of the Council on Environmental Quality (CEQ) implementing NEPA.

On January 29, 2025, the U.S. Senate confirmed Lee Zeldin as the new EPA administrator with a 56-42 vote, including support from three Democratic senators. Zeldin, a Republican, served in the New York State Senate and the U.S. House of Representatives before running unsuccessfully for New York governor in 2022.

On February 25, 2025, Judge Tunheim of the United States District Court for the District of Minnesota issued an order denying the Cookware Sustainability Alliance’s motion for a preliminary injunction.

On March 2, 2025, President Trump signed executive orders confirming that the 25% tariff on Canadian and Mexican imports (10% on Canadian energy and energy resources) would not be further paused and would take effect on March 4, 2025.

On February 25 and 26, 2025, the Minnesota Pollution Control Agency (MPCA) provided a “mid-point update” on its environmental justice/cumulative impacts rulemaking efforts. The next day, Administrative Law Judge Jessica Palmer-Denig presided over a hearing on MPCA’s proposed air toxics emissions reporting rule and its proposed repeal of the emergency affirmative defense for air permittees.

When economic headwinds sour a promising loan deal, lenders face the challenge of borrower default. This article explores key loan agreement provisions and elements in a default notice letter that protect lenders in such situations.

It seems like everyone has something to say about how Generation Z is starkly different from other generations. It should therefore come as no surprise that Gen Z banks differently, and institutions must react and engage appropriately if they wish to attract this key population as customers. 

There have already been a number of articles and several continuing legal education webinars discussing the November 2024 election results and the change in leadership of various agencies. In most cases, the articles also discuss what impact the leadership change might have on regulations. One thing they all agree on with some certainty is that there will be regulatory change.

In January 2025, the Minnesota Pollution Control Agency and the Minnesota Department of Health released the “PFAS removal report” which focuses on strategies to manage PFAS contamination in drinking water and wastewater in Minnesota.

In 2022, the National Labor Relations Board issued a decision in Thryv, Inc., greatly expanding the NLRB’s traditional concept of “make-whole relief” for employees who are the victims of an employer’s unfair labor practices to include “all direct or foreseeable pecuniary harm” caused by the employer’s practices.

Following the February 17, 2025, decision by the U.S. District Court for the Eastern District of Texas, beneficial ownership information reporting requirements under the Corporate Transparency Act are once again back in effect.

On January 27, 2025, the Minnesota Pollution Control Agency issued a draft National Pollutant Discharge Elimination System/State Disposal System general permit to control pollution generated from rain and snow melt runoff (i.e., stormwater) associated with industrial activities discharging into waters of the State of Minnesota. Once finalized, the Permit will replace the current ISW General Permit, which expires on March 31, 2025.

The Minnesota State Legislature, in its 2024 legislative session, directed the Minnesota Pollution Control Agency to develop recommendations regarding products containing lead, cadmium and PFASs.

In recent years, growing awareness of the ubiquity and possible dangers of PFAS — the class of compounds known as “forever chemicals” — has spawned an explosion in litigation and in new environmental statutes and regulations. This article, the first of two, explores the history of PFAS and the body of litigation these chemicals have elicited.

Paralleling this increase in litigation is an evolving regulatory regime that is in part based on existing environmental statutes and liabilities, and in part all its own. A PFAS regulatory regime targeted at removing PFAS from products, air, water and waste to prevent new PFAS pollution, managing PFAS when pollution has occurred, and cleaning up PFAS at particularly contaminated sites continues to be developed in Minnesota and at the federal level and is expected to increase (at least at the state level) in the years to come.

Given the recent uptick in immigration enforcement, there is a real risk that ICE may visit your healthcare facility. 

Upon taking office, President Trump directed federal agencies to freeze all new regulations pending review and to eliminate ten regulations for every new one going forward. As the new Congress convenes, federal legislators are moving to block certain recently enacted Biden era regulations through Congressional Review Act authority.

The United States Environmental Protection Agency recently published new water quality criteria for per- and polyfluoroalkyl substances (PFAS) compounds on October 7 and December 26, 2024.

On December 9, 2024, the Minnesota Court of Appeals affirmed a district court’s summary dismissal of claims brought by local businesses against Pope County under the Minnesota Environmental Rights Act (MERA).

U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of fiscal year 2025.

The Department of Homeland Security (DHS) announced the extension of Temporary Protected Status for El Salvador, Sudan, Ukraine and Venezuela. The extensions are effective for 18 months.

This article summarizes key highlights among the flurry of immigration-related actions since President Trump's inauguration on January 20, 2025.

The Minnesota Department of Agriculture is currently accepting applications for its Cooperative Development Grant Program.

In light of the Executive Orders by President Trump we are sharing with you guidance regarding what to expect and how to prepare for worksite visits from ICE, Wage and Hour Division or USCIS (FDNS).

Last week, the White House issued a number of executive orders with wide-ranging impact. Among them was an executive order reflecting, among other matters, the Trump Administration’s opposition to affirmative action and diversity, equity, and inclusion initiatives in the workplace, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

U.S. Citizenship and Immigration Services (USCIS) will soon be announcing the opening of the fiscal year (FY) 2026 H‑1B Lottery. We are anticipating the process will be similar to years past, whereby employers seeking to file FY 2026 H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must first electronically register and pay a $215 registration fee for each electronic registration they submit to USCIS using a MyUSCIS registrant online account.

Today, the Iowa Supreme Court issued its ruling in MIMG CLXXII Retreat on 6th, LLC v. Miller unanimously finding that the CARES Act’s requirement that tenants of “covered properties” be issued a 30-day notice to vacate (in addition to the standard three-day nonpayment notice) has effectively lapsed and is no longer applicable to landlord-tenant relations in Iowa.

Minnesota’s Department of Employment and Economic Development has issued initial guidance for employers who do not want to participate in Minnesota’s Paid Leave Law program and instead offer an equivalent private plan. In this article, we summarize DEED’s recent guidance on private plan substitutions.

Building and maintaining an accessible, legally compliant website can be challenging. For years, technology vendor accessiBe advertised seemingly simple, quick and economical solutions, including a software plug-in tool called accessWidget.

Colleges and universities are warning foreign students to return to campus before President-elect Trump’s inauguration on January 20, 2025.

Effective January 13, 2025, the Department of Homeland Security will permanently increase the automatic extension period of work authorization to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization.

The Department of Labor’s Employment and Training Administration will soon update the Adverse Effect Wage Rates for range and non-range H-2A applications

U.S. Citizenship and Immigration Services reminded stakeholders that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, that is properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and may be used indefinitely as evidence.

The Department of Homeland Security announced a final rule, effective January 17, 2025, that will “significantly enhance U.S. companies’ ability to fill job vacancies in critical fields, strengthening our economy.”

DHS announced a final rule updating the temporary agricultural H-2A and temporary nonagricultural H-2B nonimmigrant worker programs. The rule, effective January 17, 2025, “seeks to strengthen worker protections and the integrity of the H-2 programs, provide greater flexibility for H-2A and H-2B workers, and improve program efficiency.”

U.S. Citizenship and Immigration Services is now requiring certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may be rejected.

The new edition of Form I-129 replaces the April 01, 2024, edition. U.S. Citizenship and Immigration Services said there will be no grace period for the revised edition.

On December 31, 2024, the government filed an emergency application with the U.S. Supreme Court, to essentially again stay the nationwide injunction on the CTA.

On December 17, 2024, oral argument occurred before the Iowa Supreme Court in two identical cases the result of which is likely to bring much needed clarity to notice requirements under the Coronavirus Aid, Relief and Economic Security.

In advance of the upcoming holiday travel season and the incoming Trump administration on January 20, 2025, nonimmigrant employees, foreign students/scholars and their dependents (nonimmigrants) should take the following into consideration as they make their international travel plans.

USCIS and DOL have released the joint temporary rule implementing the process for employers who have a certified ETA 9142B with an employment start within FY 2025 (from October 1, 2024, to September 30, 2025) to apply for the 64,716 additional H-2B visa numbers.

A Minnesota Court of Appeals was recently tasked with deciding which statute provides for review of an amendment to a water appropriation permit.

On August 12, 2024, the Minnesota Court of Appeals reversed and remanded a district court’s entry for dismissal with prejudice for failure to comply with statutory service and publication requirements under the Minnesota Environmental Rights Act (MERA).

Former President Donald Trump’s election to a second term in the White House is sure to reshape immigration law and enforcement. What should employers expect, and how can they prepare?

The judge determined that the Biden administration lacked statutory authority for the program.

The Department of Labor proposes to amend the regulations consistent with recent federal litigation by clarifying existing requirements for employer-provided surveys for the H-2B program. DOL also proposes to add new requirements and eliminate Form ETA-9165.

The bulletin includes information on final action dates for employment-based visa preference cases, dates for filing of employment-based visa applications, diversity visa (DV) updates for December, and DV category rank cut-offs for January 2025, among other things.

The DHS, in consultation with the DOS, has announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B nonimmigrant worker visa programs for the next 12 months.

The Department of Homeland Security, in consultation with the Department of Labor, will publish a temporary final rule on December 2, 2024, making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year 2025.

On November 27, 2024, the Department of Homeland Security published a notice designating Lebanon for Temporary Protected Status for 18 months. Accompanying the announcement is a Special Student Relief notice for F-1 nonimmigrant students from Lebanon.

The Department of Labor's Office of Foreign Labor Certification announced court orders issued by the Eastern District of Kentucky and Southern District of Mississippi associated with implementation of the 2024 Farmworker Protection Final Rule.

The Minnesota Pollution Control Agency, on November 25, 2024, issued notice of its intent to adopt a series of new and amended rules that would convert a currently voluntary triennial program for reporting air toxics emissions into a mandatory annual program for most permit holders.

The State of Minnesota is less than one month away from banning the sale, offer for sale or distribution for sale of 11 categories of consumer products if those products include intentionally added per- or polyfluoroalkyl substances.

Purpose credit refers to loans made to purchase or carry certain securities that is secured by such stock allowing the borrower to leverage their investments. This practice poses risks, as it can lead to substantial financial losses if the value of the securities declines. Bankers are familiar with this topic, but from time to time it is good to go back to the basics to understand banks’ obligations related to purpose credit. 

The FTC has struck out in enforcing its final rule banning employment noncompetes, but there are more innings to go. Keep in mind that the rule would not have applied to entities exempt from the FTC’s jurisdiction. However, federal banking regulators retain discretion to apply the rule to entities under their jurisdiction.

With the proliferation of tools like Zelle, Venmo, CashApp, PayPal, and ApplePay, nearly every bank has now dealt with consumer fraud perpetrated through mobile payment apps, particularly with respect to P2P functionality. So, who bears the loss when a customer reports that they have been the victim of fraud perpetrated against their deposit account, debit card, or credit card linked to a P2P app? The analysis is more complicated than one might think, often leaving both banks and consumers disappointed and frustrated.

Iowa and Minnesota are not known for oil and gas production, and with good reason — there isn’t any. But despite a history of oil or gas production in either state, recent discoveries prompted the 2024 sessions of the Iowa and Minnesota legislatures to revisit their oil and gas statutes.

On Friday, November 15, 2024, a federal district court struck down the U.S. Department of Labor’s 2024 rule increasing the minimum salary required for the most common overtime exemptions under the Fair Labor Standards Act. 

Iowa landlords are likely to receive long-awaited clarity on notice requirements under the Coronavirus Aid, Relief and Economic Security (CARES) Act from the Iowa Supreme Court in a pending appeal case where Fredrikson attorneys, Jodie McDougal and Jack O’Brien, filed an amici curiae brief on behalf of multiple statewide landlord associations.

On October 9, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule under the 2018 Vessel Incidental Discharge Act (VIDA) governing the release of pollution to U.S. waters incident to the operation of ships, including unique requirements applicable to Great Lakers freighters.

On September 26, 2024, the Minnesota Public Utilities Commission unanimously adopted the recommendations of the Minnesota Department of Commerce (DOC) and the Minnesota Pollution Control Agency (MPCA) regarding how the Commission should interpret new or amended terms added to Minn. Stat § 216B.169.

Many employers are intimately familiar with the federal Family Medical Leave Act, which requires up to 12 workweeks of job-protected leave for qualified employees of covered employers. Here we discuss three common FMLA-related mistakes we encounter as business advisors. 

The Internal Revenue Service has announced the 2025 cost-of-living adjustments (COLAs) for benefit plans.

With the November 5 general election looming, employers should be reminded of Iowa’s law regarding time off to vote, Iowa Code § 49.109. Polls in Iowa will be open from 7 a.m. to 8 p.m. statewide on November 5.

The Department of Homeland Security (DHS) announced several measures “to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States” and to allow them to request work authorization, including Temporary Protected Status (TPS), Deferred Enforced Departure (DED), and Special Student Relief.

U.S. Citizenship and Immigration Services (USCIS) has approved International Education Evaluations, LLC, as a new credentialing organization for healthcare workers for certain immigration purposes.

On October 11, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an update to its guidance on expedite requests, effective immediately.

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

The Department of State's Bureau of Consular Affairs announced on October 3, 2024, that it is reducing processing times for passports to four to six weeks, down from six to eight weeks.

Disputes regarding failures to disclose material facts are common in residential real estate transactions. A number of courts have considered the issue of whether a seller is obligated to disclose the existence of paranormal or violent occurrences on the property.

On October 17, 2024, the Federal Energy Regulatory Commission (FERC) unanimously voted to finalize its rule with plans for exercising its limited authority over transmission line siting. Order No. 1977 clarifies that FERC has the authority to issue transmission permits within U.S. Department of Energy-designated National Interest Electric Transmission Corridors (NIETC) even after states deny an application in these areas.

Through Executive Order, President Biden has announced both Deferred Enforced Departure (DED) and Temporary Protected Status (TPS) for Lebanese nationals. These designations have two different time periods for qualification yet provide similar benefits.

Ever since remote work became a normal reality for corporate employees, it is not surprising to see an increase in the use of personal devices for business purposes. This means text messages on company-owned phones and personally owned phones that are used for business purposes can be a relevant data source in litigation.

Most people building a home enter into an agreement with a general contractor. In turn, that general contractor enters into agreements with subcontractors to actually build the home. At first glance, it may seem that those subcontracts are intended to benefit the homeowner, as the work under the subcontract will result in the construction of their home. However, in a recent decision, the Wisconsin Court of Appeals found that a homeowner was not a third-party beneficiary to a subcontract.

As we approach election day, employers are likely to notice an increase in discussions about political and social issues in the workplace. 

The emergence of tools designed to produce new imagery, video and sound based on generative artificial intelligence/machine learning is raising questions about the efficacy of current laws governing the use and protection of human made content. We recently had the opportunity to survey this legal landscape in a matter involving the use of AI to recreate the voice of a well-known public figure.

U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2024, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025.

As of September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents (LPRs) who file Form I-90, Application to Replace Permanent Resident Card.

On September 9, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based second preference (EB-2) visa category for fiscal year (FY) 2024.

The Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) announced a revised transition schedule (scroll to September 10, 2024) for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.

The California Service Center (CSC) has moved to a new facility.

U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on when students may be eligible for optional practical training (OPT) extensions for science, technology, engineering, and mathematics (STEM) fields.

A Texas District Court has temporarily stopped the Biden administration's "Keeping Families Together" parole-in-place program.

According to reports, the Biden administration plans to resume a program that allows would-be migrants from Cuba, Haiti, Nicaragua, and Venezuela to apply from their home countries for entry into the United States.

Pay transparency laws are increasingly being implemented across the United States with a purported goal of increasing fairness, addressing wage inequalities and promoting a more transparent hiring process.

Back in February 2023, the National Labor Relations Board issued its widely discussed decision in McLaren Macomb that drastically shifted the standard for determining the lawfulness of common employee separation agreements. In short, the NLRB ruled that a hospital violated the National Labor Relations Act by unlawfully furloughing eleven employees without bargaining with the union, by directly dealing with those employees in offering them separation agreements, and by offering separation agreements with facially unlawful confidentiality and nondisclosure terms.

On August 19, 2024, the Department of Homeland Security (DHS) announced a Federal Register notice to implement Keeping Families Together, a parole-in-place process for certain noncitizen spouses and stepchildren of U.S. citizens. DHS estimated that up to 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens may meet the eligibility criteria.

The Department of State (DOS) announced on August 16, 2024, that annual limits have been reached in the EB-3, EW, and EB-5 unreserved categories for this fiscal year.

U.S. Citizenship and Immigration Services (USCIS) announced on August 5, 2024, that it has completed its second random selection to reach the fiscal year (FY) 2025 H-1B regular cap numerical allocation.

U.S. Citizenship and Immigration Services (USCIS) issued an update to its policy on Ukrainian employees with parole, stating that E-Verify employers should not create a case in E-Verify for re-paroled employees unless they are newly hired.

U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date of Form I-9, Employment Eligibility Verification, to 05/31/2027.

On July 26, 2024, President Biden issued a memorandum directing the deferral, for 18 months, of the removal of any Lebanese national who was present in the United States on that date, with a few exceptions.

On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer.

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, effective immediately, on new provisions in the Immigration and Nationality Act (INA) that cover consequences for noncompliance with the EB-5 regional center program.

U.S. Citizenship and Immigration Services (USCIS) released frequently asked questions (FAQs) that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.

On April 23, 2024, the U.S. Department of Labor issued a final rule raising the minimum salary employers must pay exempt employees under the federal Fair Labor Standards Act. Though the rule is facing legal challenges, employers are preparing for what comes next. If you have exempt employees, here is what you need to know.

With cannabis now officially legalized in Minnesota and the Office of Cannabis Management working to develop its regulatory licensing and oversight program for cannabis businesses, many bankers are also hard at work putting together cannabis banking business lines. But there’s another important piece of this puzzle: the deposit account agreement.

Fredrikson attorneys from several practice and industry groups reflect on the potential impact of the Supreme Court’s rulings on their specific areas of law and on their clients’ business.

The Federal Trade Commission has struck out in enforcing its final rule banning employment non-competes, but there are more innings to go.

As the Federal Trade Commission ban on non-compete agreements is set to take effect September 4, 2024, its status remains in flux. Two federal district courts have issued rulings enjoining the FTC from enforcing the ban. Both rulings are limited to only the named plaintiff in the case, but one of these courts has promised a decision on whether to enter a nationwide injunction before August 30, 2024. This puts employers in a difficult situation.

It is no secret that the intercollegiate athletics landscape has changed drastically over the last five years, as student-athletes have been permitted to license their Name, Image and Likeness (NIL) in exchange for compensation. These changes, kicked off by state legislatures in California and Florida, were escalated by student-athlete-initiated legal action.