Legal Updates Archive

On September 1, 2022, the Security Assessment Measures for Outbound Data Transfers made by the Cyberspace Administration of China came into effect. The Measures supplement the provisions on data security assessments as set forth in the Personal Information Protection Law and other relevant laws.

USCIS announced that it has reached the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2023.

The Department of State’s Visa Bulletin for September notes a steady increase in both U.S. Citizenship and Immigration Services and Department of State demand patterns for employment-based visas during the fiscal year.

According to reports, visa delays, backlogs and unprecedented wait times at U.S. embassies and consulates are causing disruptions for workers and companies, particularly those employing workers in temporary statuses who need to renew their visas outside the U.S.

On August 16, 2022, U.S. Citizenship and Immigration Services issued a policy alert to clarify how the agency determines eligibility for L-1 nonimmigrants seeking classification as managers or executives (L-1A) and specialized knowledge workers (L-1B).

The Department of Homeland Security has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under the “Uniting for Ukraine” program.

On August 8, 2022, the Departments of Homeland Security and Labor published their semiannual regulatory agendas, which summarize projected and existing regulations.

The Department of Labor's Office of Foreign Labor Certification has released public disclosure data and selected program statistics for Q3 of fiscal year 2022 and H-2B Foreign Labor Recruiter List for Q3 of FY 2022.

The Department of Homeland Security announced a final rule to "preserve and fortify" the Deferred Action for Childhood Arrivals policy for certain eligible noncitizens who arrived in the United States as children.

The Executive Office for Immigration Review announced that it has recently been notified of phone calls that spoof the Arlington Immigration Court as part of a misinformation campaign.

With employees changing jobs in record numbers, it is now more important than ever for banks to ensure their information, property, and customers remain with them when an employee leaves.

The term “sandbagging” carries many meanings. Bankers facing an upcoming acquisition, no matter whether they are acquiring or divesting, are likely to hear the term.

In early May 2022, the Consumer Financial Protection Bureau entered into a consent order with Bank of America, N.A. regarding BoA’s garnishment practices.

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption.

On July 1, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it has rescinded its designation of the Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C-2 as an Adopted Decision and updated its interpretation of the effects of authorized travel by temporary protected status (TPS) beneficiaries.

E-Verify announced that as of July 15, 2022, employees whose E‑Verify cases are referred to the Social Security Administration (SSA) have the normal eight federal working days to contact their local SSA office to begin resolving the mismatch.

The Department of Homeland Security (DHS) has extended Venezuela’s temporary protected status (TPS) designation for 18 months, effective September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension. 

U.S. Citizenship and Immigration Services (USCIS) updated guidance regarding Afghan and Iraqi nationals seeking special immigrant classification.

The Department of Homeland Security (DHS) announced several measures to provide relief to Syrians in the United States.

U.S. Citizenship and Immigration Services (USCIS) announced that beginning September 1, 2022, it will no longer accept a single, combined fee payment when an applicant or petitioner files EB-5 immigrant investor applications or petitions with related forms. 

U.S. Citizenship and Immigration Services (USCIS) has published new guidance on Form I-9, Employment Authorization Verification, related to employees with E and L nonimmigrant status in its Handbook for Employers (M-274, Section 6.9, Other Temporary Workers).

On July 15, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

U.S. Citizenship and Immigration Services (USCIS) reminded employers that the Department of Homeland Security (DHS) ended the temporary flexibility related to accepting expired List B documents for Form I-9 employment eligibility verification purposes.

U.S. Citizenship and Immigration Services (USCIS) is extending certain COVID-19-related flexibilities through October 23, 2022. 

DHS and DOL announced a temporary final rule making available an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022.

The Department of Homeland Security has provided information on how to register for temporary protected status (TPS) under Afghanistan’s 18-month designation.

The Department of State’s Visa Bulletin for June 2022 includes three important pieces of information.

U.S. Citizenship and Immigration Services (USCIS) issued a correction on May 10, 2022, to its notice on the extension and redesignation of South Sudan for temporary protected status (TPS), which was published on March 3, 2022.

U.S. Citizenship and Immigration Services released two new forms under the EB-5 Reform and Integrity Act of 2022.

ICE released guidance regarding distance learning to all Student and Exchange Visitor Information System users to clarify that its March 2020 guidance continues for the 2022-23 academic year only for nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and have continuously complied with the terms of their nonimmigrant status. Students who enrolled after March 9, 2020, must adhere to the Student and Exchange Visitor Program’s existing regulations regarding online learning.

A group of investment and capital firms filed a lawsuit on May 24, 2022, against the Department of Homeland Security, arguing that when U.S. Citizenship and Immigration Services decertified existing EB-5 regional centers, it violated the Administrative Procedure Act and misinterpreted the EB-5 Reform and Integrity Act of 2022, which was signed into law following a lapse in authorization for the EB-5 Regional Center Program.

U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

A temporary final rule issued by the Department of Labor on May 18, 2022, included additional recruitment requirements for certain employers.

The Department of Labor’s Wage and Hour Division (WHD) released a bulletin to the field regarding employment of H-2B workers in unapproved job classification.

U.S. Citizenship and Immigration Services announced on May 31, 2022, that it has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only, under the recently announced H-2B supplemental cap temporary final rule, which increased by up to 35,000 the cap for additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022.

Effective July 1, 2022, Iowa added an alternative project delivery method to the options available to Iowa public entities–construction manager at risk, also known as CM at risk and CMAR. On July 1, SF183, an Act relating to a construction manager-at-risk commercial constructions alternative delivery method and prohibiting certain other alternative delivery methods in the public sector, became effective. This is a significant change to Iowa law. It is a welcome change for some, but not others, in the construction and design industries.

It is very common for subdivisions and planned communities to be governed by homeowners’ associations – often referred to as “HOAs”. The lots in these subdivisions are also typically subject to covenants, conditions, and restrictions (“CCRs”) contained in the “declarations” that invest the HOAs with the power to govern those communities. Homeowners in these communities may wonder if those CCRs can be changed in the future without their consent.

On June 17, 2022, the Iowa Supreme Court rendered a decision in the Borst Brothers Const. v. Finance of America case involving a mechanic’s lien, which addressed one aspect of the pre-lien notice requirement for Iowa subcontractors on residential projects. As detailed below, the Iowa Supreme Court held that the 10-day deadline for posting of a Commencement of Work Notice on the MNLR does not apply to subcontractors when they are forced to file such notice on behalf of a general contractor or owner-builder who has failed to do so.

Iowa real estate professionals are collectively breathing a sigh of relief in light of the Iowa Supreme Court’s opinion issued on June 10, 2022, in an appellate case where the Iowa Association of REALTORS® and National Association of REALTORS®, represented by attorney Jodie McDougal at Fredrikson & Byron, were granted permission to file an amicus curiae brief.

Non-disclosure agreements (NDAs) are often part of the discussions my clients have surrounding a potential construction or real estate project to protect the confidential information regarding the project and proprietary information of the parties.

Starting on June 8, 2022, Minnesotans who worked on the frontlines during the COVID-19 peacetime emergency can now apply for “Hero Pay” available through the state’s Frontline Worker Pay Program.

Remote and hybrid work are here to stay.

The impending cessation of LIBOR has been a hot topic on the minds of borrowers and lenders alike over the last few years.

Payments fraud is nothing new, and while the scams are evolving, the core procedures for detecting and preventing them haven’t changed as much as one might think.

On May 17, Governor Reynolds signed HF 2562 into law, with much of the law being immediately effective as of May 17, 2022. Companies that own, operate and manage manufactured home communities (MHCs or MHC landlords) in Iowa need to take note of this new law, as the law contains several amendments to Iowa Code Chapter 562B relating to manufactured home communities.

Western businesses with operations in Eastern Europe and other global companies have reacted to Russia’s invasion of Ukraine with shock, concern for their employees’ safety and well-being, and a scramble to comply with the raft of sanctions levied against Russia as fighting began. Likely among the lower priorities for businesses would be consideration of the environmental, social and governance (ESG) implications of the conflict. Nonetheless, Russia’s brazen military incursion does in fact raise critical considerations for the ESG programs of forward-thinking American businesses–namely the importance of the Rule of Law.

USCIS and DOL have released the joint temporary rule implementing the process for employers who have a certified ETA 9142B with an employment start date in the second half of fiscal year (FY) 2022 to apply for the 35,000 additional H-2B visa numbers which will be released on May 18, 2022.

On April 29, 2022, Gov. Tim Walz signed Frontline Worker Payments into law, enabling certain Minnesotans who worked on the frontlines during the COVID-19 emergency to apply for bonus pay. While details of the program, including the online application process and timeline, are still being finalized, below we offer a summary of the salient points of the bill.