In all of the myriad of situations posed by the coronavirus, there are a number of key areas for consideration and a number of important measures employers can implement to meet the challenges from a business, employee, customer relations and legal perspective.
On Friday, in response to the outbreak of COVID-19, the SEC issued an Order providing a temporary exemption from certain requirements of the Investment Advisers Act of 1940.
- USCIS issued a reminder that the initial H-1B registration period runs from March 1 through noon Eastern time on March 20, 2020.
- USCIS has received enough petitions to meet the congressionally mandated H-2B cap on foreign workers in temporary nonagricultural jobs for the second half of FY 2020.
- The Department of State's Visa Bulletin for March 2020 announced several notable developments including EB-3 and EB "Other Workers" changes.
USCIS implemented the public charge rule nationwide on February 24, 2020, following a Supreme Court ruling staying a preliminary injunction in Illinois.
- USCIS will not use pre-paid mailers to send any communications or final notices for fiscal year 2021 cap-subject H-1B petitions, including those requesting consideration under the advanced-degree exemption.
- According to reports from the field, U.S. Immigration and Customs Enforcement (ICE) has increased audits of employers who hire STEM OPT students.
DHS informed the New York State Department of Motor Vehicles on February 5, 2020, that New York residents are no longer eligible to apply for or renew their enrollment in Trusted Traveler Programs.
A U.S. District Judge issued a decision on February 6, 2020, permanently enjoining the Trump administration's change in "unlawful presence" policy set forth in a USCIS memorandum.
- Minnesotans often have questions about their legal rights and responsibilities in dealing with water and the damage it can cause their homes and other real property.
Initial answers to employers' COVID-19 related questions from Fredrikson & Byron's Immigration Group.
There is concern that the HDHP deductible may be a barrier to participants seeking or receiving adequate testing and treatment for COVID-19.
With the novel coronavirus presence in the U.S., hospital counsel will be approached with questions and issues raised by patients, management and staff regarding the health system’s response to this public health concern.
- Part 1 of this article reviewed overlooked information technology and intellectual property provisions in bank vendor agreements. Part 2 focuses on the “big cheese” of any bank contract – confidentiality and data security.
- When considering buying a bank, there are several important assets and liabilities to investigate. An often overlooked asset of a bank is its real estate. This article provides a list of key due diligence items to review when acquiring a bank that has real estate that “tags along.”
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act) was signed into law, bringing with it a number of significant changes to qualified retirement plans.
- Last year the Trump administration published a new regulation that will expand the way USCIS investigates financial solvency of green card and visa applicants. That rule was put on hold until recently, when the U.S. Supreme Court allowed it to go forward. The new regulation took effect on February 24, 2020, nationwide.
- On February 7, 2020, the Iowa Supreme Court issued a decision that significantly impacts a contractor’s mechanic’s lien rights on residential construction projects.
- The announcement and change follow a Supreme Court stay of nationwide injunctions, except in Illinois, where the rule remains enjoined by a federal court.
- The Trump Administration’s proclamation restricts U.S. entry of travelers from and through China due to coronavirus risk, with exceptions, such as lawful permanent residents (LPRs) of the United States, spouses and children of U.S. citizens or LPRs, air and sea crews, and others.
- The Trump administration suspends U.S. entry of nationals from six new countries: Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania. The proclamation states country-by-country exceptions to the ban.
- As of January 31, 2020, employers should use a new version of the Form I-9 (version 10/21/2019, expires 10/31/2022). Employers may continue to use the old form until April 30, 2020.
- Those currently in valid E–1 or E–2 status based on the Treaty of Amity must depart the United States upon expiration of their authorized period of stay in the United States, unless otherwise authorized to remain.
- USCIS has reopened and extended the comment period on its proposed rule raising certain fees for immigration services and benefits to February 10, 2020.
- The iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A and H-2B visa programs, will be decommissioned.
- The final fiscal year 2019 statistics include naturalizations, green cards, employment authorizations and protected populations, among other categories.
- USCIS formally announced it will open an initial registration period from March 1 through March 20, 2020, for the fiscal year 2021 H-1B numerical allocations.
- Costly disputes can arise when parties fail to properly document changes to a construction contract's original scope of work.
- According to the SEC, these priorities reflect certain practices and products that may present heightened risk to investors and/or the integrity of the U.S. capital markets.
- President Trump has signed legislation for fiscal year 2020 that includes several immigration-related provisions and preventing government shutdown.
- DHS has extended the validity of employment authorization documents issued under TPS designations through January 4, 2021, for certain TPS beneficiaries.
- On December 26, 2019, USCIS announced it would begin accepting applications from certain Liberian nationals to adjust status to lawful permanent residence.
- A new joint proposed rule by the Departments of Homeland Security and Justice would provide seven additional mandatory bars to eligibility for asylum.
- The Department of Justice reached a settlement agreement with Adecco USA Inc., one of the largest staffing companies in the United States.
- By a bipartisan vote of 260-165, the U.S. House of Representatives passed legislation intended to ease the agricultural labor shortage.
- The Trump administration recently published its regulatory agenda and, of interest to employers, will redefine the term “specialty occupation."
- Oregon-based Judge Michael Simon ruled that the October 2019 Presidential Proclamation "is inconsistent” with the Immigration and Nationality Act.
- USCIS will open an initial registration period for H-1B Electronic Registration for FY 2021 Cap Season from March 1 through March 20, 2020.
- NBC found that 14 “suspicious” companies employed more than 5,500 foreign students through the Optional Practical Training program.
Minnesota’s Medical Alley is a leading health care center anchored by world-class providers, technology companies and payors near Rochester, Minnesota.
- The process of preparing H-1B petitions is changing this year, for the Fiscal Year 2021 H-1B lottery.
On December 20, President Trump signed the SECURE Act, the biggest legislative change to the U.S. retirement system in over a decade, which will have a significant impact on qualified retirement plans and IRAs.
- The United States and China announced on December 13, 2019, that the two countries have reached agreement on a Phase One trade deal.
- New Requirements to Extend IMMEX and PROSEC Benefits to Additional Addresses and Amendment to List of Products that Must Comply with NOMsMexico’s foreign trade rules were modified by decree published on December 9, 2019. The decree includes new and revised conditions for Mexico’s IMMEX and PROSEC programs.
- On December 10, 2019, the White House and Congress announced that they have reached an agreement that opens a path for ratification of the new free trade agreement between the United States, Mexico and Canada (USMCA).
- In October 2019, Waterloo became the first Iowa city to adopt a “Ban the Box” ordinance, following in the footsteps of more than 150 cities across the country adopting similar ordinances.
- “All That IT Gibberish” – Part 1: Frequently Overlooked Technology Provisions in Vendor Agreements and Why They MatterThere is no doubt that partnerships with software vendors make fast, customer-friendly banking possible, but they also expose banks to a whole new world of risk and liability.
- The FTC released "Disclosures 101 for Social Media Influencers" to offer guidance on how influencers should disclose a relationship with a brand.
In the past month, over 40 retailers and restaurants have been served with lawsuits in federal court, alleging that a lack of Braille gift cards discriminates against blind customers in violation of the Americans with Disabilities Act (ADA).