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?
Revenue held in suspense due to ambiguities related to the location of the ordinary high water mark below Lake Sakakawea will be required to be released from suspense by December 24, 2020, or June 24, 2022, depending upon location of the lands.
I understand the health care provider definition of the FFCRA has been challenged. What do I need to know about this?
On June 22, 2020, President Trump signed Presidential Proclamation 10052, which suspended the entry of certain immigrant visa applicants through December 31, 2020.
- After President Trump’s attempt to end Deferred Action for Childhood Arrivals through the Supreme Court failed, he referred to an “executive order” and a “bill” that would make unspecified reforms.
- Each individual U.S. embassy or consulate website should be consulted regarding Visa and Passport operating status and which services are currently offered.
- The Department of State provided a detailed list which includes exceptions for H-1B, H-2B, H-4, L-1, L-2, J-1 and J-2 visas.
The U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation and several others sued the Trump administration on July 21, 2020, seeking an injunction to block President Trump’s recent proclamation suspending new nonimmigrant visas.
- USCIS issued a policy alert regarding the deployment of investment capital, including further deployment after the job creation requirement is satisfied. USCIS said the clarifications apply to all Form I-526 and I-829 petitions pending on or after July 24, 2020.
- The Department of State announced that the CDC approved a one-month extension for medical examinations conducted between January 1 and June 30, 2020.
- The Department of State released updated guidance stating that certain business travelers, investors, treaty traders, academics and students may qualify for national interest exceptions to COVID-19-related travel restrictions.
- SEVP released new guidance on the Trump administration’s shifting policy on foreign students taking online coursework in the fall.
U.S. Citizenship and Immigration Services announced that planned furloughs of more than 13,000 of its employees have been postponed for a month.
- DHS announced a final rule, published on August 3, 2020, to take effect 60 days later, that will increase many immigration and naturalization fees charged by USCIS and reduce some others.
- The U.S. District Court for the Southern District of New York enjoined the Department of Homeland Security from “enforcing, applying, implementing, or treating as effective” the February 24, 2020, Public Charge Grounds Final Rule during any period in which there is a national health emergency in response to the COVID-19 outbreak.
- On August 5, 2020, Mexico’s Tax Administration Service published a microsite stating that companies that have VAT and IEPS certifications must pay fees for such certifications.
Given the prevalence of remote work during the pandemic, is working from home now presumed to be reasonable disability accommodation?
What do I need to know about the Minnesota Governor’s Mandatory Face Covering Order?
What does the DOL’s new COVID-19 guidance say about return to work and remote work?
What do employers need to know about the DOL’s new FMLA forms?
When traveling domestically for business, will my employee be required to self-quarantine at the destination or upon return?
- The European Union’s sweeping privacy law, the General Data Protection Regulation, prohibits transfers of personal data to the United States unless the company transferring the data has provided legally-appropriate safeguards. One mechanism that many companies—over 5,000 in total—have relied upon to safeguard such transfers is the EU-U.S. Privacy Shield framework. That safeguard is no longer valid.
Considering the recent protests demanding racial equality, how are employers handling the issue of dress codes and dress code policies?
- DOS reportedly faced a backlog of approximately 1.7 million applications as it began opening passport agencies and centers under Phase One of its reopening plan in response to the COVID-19 pandemic.
- Due to continued precautions related to the COVID-19 pandemic, the policy for employers operating 100 percent remotely in light of COVID-19 is extended to July 19, 2020.
- The Court noted in its decision that DHS may rescind DACA and that the dispute instead was primarily about the procedure the agency followed in doing so.
USCIS issued a new memorandum and rescinded two policy memoranda on June 17, 2020, regarding the adjudication of certain petitions for H-1B nonimmigrant classification.
- TSC has moved as of June 26, 2020.
- USCIS has issued a statement on President Trump's recent proclamations suspending the entry of immigrants and nonimmigrants, with exceptions.
- Plaintiffs seek to overturn a policy of the Executive Office for Immigration Review that prevents immigration judges from speaking publicly on law and policy.
- USCIS is expected to furlough more than two-thirds of its employees as of August 3, 2020, for at least a month and up to three months or more.
- EventOctober 24 & 26, 2023Fredrikson's 39th Annual Employment & Labor Law Seminar
- EventUnderstanding and Complying with New U.S. Requirements When Doing Business in China
- EventHealth Law Webinar—HIPAA and Health Privacy FAQ Session
- EventHealthcare Immigration Prescriptions – Immigration Strategies for Physicians and Allied Health Staff in both Clinical and Academic Healthcare Practices