Legal Updates Archive

DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.

In October 2020, the Trump administration announced three new regulations that would profoundly change – and broadly restrict – H-1B visas.

The Minnesota Department of Revenue has updated its data center exemption guidance, taking a step in the right direction for purchases of distributed software and required documentation.

As of November 9, 2020, owners of partnerships and S corporations in those states allowing pass-through entities to pay state tax at the entity level can deduct those taxes on their federal returns with the U.S. Department of the Treasury’s blessing.

Even if easement rights are not used for an extended period, it would be a mistake for an owner of property burdened by such an easement to assume the other party’s easement rights have been abandoned.

Designed to prevent ownership of land from being controlled forever (or in perpetuity), the Rule Against Perpetuities provides that a contingent interest must vest within 21 years of a life in being. This definition includes many words that need to be defined for full context.

The Internal Revenue Service has announced the 2021 cost-of-living adjustments (COLAs) for retirement plans. Most limits have remained unchanged.

It is not always clear whether materials such as clay, gravel and sand are subject to mineral reservations – or whether those materials belong to surface owners.

The revocations appear to result from President Trump's proclamation in May 2020 suspending the entry of certain students and researchers from China.

CBP issued notices extending temporary restrictions on travel of individuals from Canada and Mexico into the United States along land ports of entry at the border. Such travel is limited to "essential travel," as defined in the notice, effective through October 21, 2020.

The Department of Labor announced that it is permanently adopting the electronic issuance of PERM labor certifications to employers and their authorized attorneys or agents.

ICE proposes to amend its regulations by changing the admission period of F, J and I individuals from duration of status to admission for a fixed time period.

USCIS issued guidance the same day stating that the Filing Date, rather than the Final Action Date, applies to employment-based I-485 adjustment of status applications.

A U.S. district court judge ruled in Gomez v. Trump that the Department of State intentionally misinterpreted the Trump administration's entry ban by not issuing diversity visas.

DOS recently released guidance on national interest exceptions for travelers from the Schengen Area, United Kingdom and Ireland. Certain business travelers, investors, treaty traders, academics, students and journalists may qualify for national interest exceptions under related Presidential Proclamations.

A U.S. district court in Immigrant Legal Resource Center et al. v. Wolf, et al., temporarily enjoined DHS from implementing or enforcing USCIS' August 3, 2020, fee schedule rule and changes to certain other immigration benefit request requirements.

On October 1, 2020, a U.S. district judge ruled in NAM v. DHS against aspects of President Trump's June 22, 2020, Proclamation that blocked visa issuance to many foreign workers.

On October 8, 2020, the Department of Labor began implementing a new prevailing wage system with higher wage thresholds for H-1B, E-3 and PERM applications.

The ongoing COVID-19 pandemic presents logistical challenges that may require some additional advance planning to keep members safe and engaged.

Do employers have any reporting requirements under OSHA with respect to COVID illnesses and death?

What is the new Iowa guidance on when to quarantine due to COVID-19 if masks/face coverings were worn?

The updated guidance lists exceptions for certain H-1B, H-2B, H-4, J-1, J-2, L-1, L-2 visas and for those aging out of their current immigrant visa classifications.

The order instructs the Secretaries of Labor and Homeland Security to take action to protect U.S. workers from “any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites),” among other things.

According to reports, USCIS experienced an unexpected decline in H-1B filings and therefore is selecting additional H-1B lottery winners from previous H-1B submissions.

Following a recent bombshell GAO report finding the appointments invalid, DHS asked GAO to rescind its finding. GAO refused.

USCIS said that SEVIS “will count each day without employer information toward the total number of unemployment days allowed.”

Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a List C document for Form I-9 compliance until December 1, 2020.

USCIS released an alert summarizing how it will implement its recent DACA policy memorandum.

Just five days before furloughs were set to begin for more than 13,000 USCIS employees, the agency announced that it was canceling those plans. However, USCIS said backlogs and wait times would increase across the board.

Asylum applicants now are subject to the agency’s discretion when seeking authorization to work. The new rule does not apply to employment authorization applications filed or pending before August 25, 2020.

The new policy guidance describes the final rule’s adjustments in fees for specific forms. It also provides guidance on fee exemption and waiver policies, new premium processing time limits and other changes made by the fee rule.

DHS has sent several rules to OMB for final review, including an interim final rule to redefine what constitutes an H-1B specialty occupation and an employer-employee relationship.

The new guidance expands on how officers determine whether an O-1 petitioner has satisfied the evidentiary criteria and established in the totality of the evidence that a beneficiary has extraordinary ability, or extraordinary achievement, in the motion picture and television industry, as applicable.

DHS said the measures were part of a collaborative “North American” approach intended to limit the further spread of coronavirus.

DHS and ICE announced an extension for 60 days of certain flexibilities for employers in complying with requirements related to Form I-9, Employment Eligibility Verification, because of ongoing precautions related to COVID-19.

USCIS sent a reminder that employers are not held liable for any erroneous attestations an employee makes in Section 1 of Form I-9, Employment Eligibility Verification.

The Department of Labor submitted an interim final rule on September 16, 2020, to the Office of Management and Budget to change the wage minimums and related requirements for H-1B, H-1B1, E-3, and PERM workers.

TPS beneficiaries from Haiti, Nicaragua and Sudan could be required to leave the United States (or find another legal way to stay) by March 2021.

The government must undertake “good-faith efforts” to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020.

On September 24, 2020, the Department of State released the October 2020 Visa Bulletin, which shows major movement in employment-based cases.

To what extent may a company regulate employees’ use of social media?

What do health care employers need to know about the revised definition of health care providers who can be exempted from FFCRA leave?

Once there is a COVID-19 vaccine, can an employer mandate that its employees be vaccinated?

While many would define the “crop year” to be the time between harvests, that definition can cause confusion in long-term agricultural leases, especially where the tenant-farmer intends to raise different crops during the lease term.

Despite the impact of COVID-19, it is safe to assume that LIBOR will still become unusable by the end of 2021. In preparation for the transition, the ARRC has published its recommended best practices to prepare for the anticipated discontinuation of LIBOR.

The pandemic-induced economic downturn has created huge stresses on owners of both residential and commercial real property. In turn, those stresses have been visited upon the lenders who have financed those properties.

On May 20, 2020, following much industry debate and speculation, the OCC released its final rule on CRA in an effort to modernize, strengthen, and establish more objectivity with respect to CRA regulations.

On August 26, 2020, Minnesota Governor Tim Walz signed Emergency Executive Order 20-86, providing relief to Minnesota cooperatives.

We created civic education and social justice resources to help others better understand our legal and political systems and how to advocate effectively for change.

How should employers handle requests for FFCRA leave related to schools starting with online, hybrid and optional online programs?