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Mexico’s Changes to Outsourcing Rules Will Have Significant Impact on Many Businesses
The anticipated amendment to the rules regarding outsourcing in Mexico was published on April 23, 2021. The decree amends several Mexican laws, including the Federal Labor Law, Social Security Law, National Workers’ Housing Fund Law, Tax Code, Income Tax Law and Value Added Tax Law.
Benefit Plans: COBRA Premium Assistance Under the American Rescue Plan of 2021 Update
On April 7, 2021, the U.S. Department of Labor issued guidance in the form of Frequently Asked Questions and model notices to help employers comply with the federal COBRA premium subsidy assistance requirements under the American Rescue Plan Act of 2021.
Bipartisan Bill Would Provide Up to 40,000 Unused Immigrant Visas for Doctors and Nurses
New legislation introduced on March 29, 2021, by Democratic and Republican senators would provide unused employment-based immigrant visas for up to 25,000 foreign nurses and 15,000 foreign physicians and their family members.
USCIS Completes Initial FY 2022 H-1B Cap Season Selections
USCIS announced that it received enough electronic registrations during the initial registration period to reach the fiscal year 2022 H-1B numerical allocations, including the advanced degree exemption (master’s cap).
DHS Extends I-9 Requirement Flexibility Until May 31
The Department of Homeland Security (DHS) announced an extension until May 31, 2021, of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing COVID-19 pandemic precautions.
Update on Suspension of Entry for Nonimmigrants
The Department of State issued an update on Presidential Proclamation 10052, which suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program) and L nonimmigrants.
Labor Dept. Asks for Data Sources/Methods for Prevailing Wage Determinations
On April 2, 2021, the Department of Labor invited interested parties to provide information on the sources of data and methodologies for determining prevailing wage levels covering employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H–1B, H–1B1 and E–3 nonimmigrant visas.
Class Action Filed Against DHS for L-2 and H-4 Delays
On March 22, 2021, AILA and Wasden Banias, LLP, filed a class action lawsuit against the Department of Homeland Security, challenging processing delays on extensions of status and employment authorization documents for H-4 and L-2 nonimmigrant spouses.
USCIS Extends Flexibilities for Responding to Agency Requests
U.S. Citizenship and Immigration Services has extended flexibilities in response to the ongoing COVID-19 pandemic.
SEVP Reports 2020 Drop in International Student Enrollment
U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program (SEVP) reported a drop of 72 percent in new international student enrollment in U.S. schools in 2020 as compared to calendar year 2019.