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Due to recent amendments to the Delaware Limited Liability Company Act, banks and other lenders who make loans to limited liability companies (LLCs) formed in the state of Delaware should carefully review their loan documents and modify restrictive covenants related to mergers, reorganizations, acquisitions, dispositions, and similar transactions to address a newly created form of transaction called a “division.”
Blockchain technology has created quite a stir. Entire industries are scrambling to understand how blockchain works and how it affects their universe.
Lawsuit Challenges New USCIS Policy on ‘Unlawful Presence’ for Foreign Students and Exchange Visitors
Several institutions of higher education have challenged a recently announced Trump administration policy, effective August 9, 2018, changing the calculation of the number of days of “unlawful presence” for nonimmigrant foreign students.
Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of a Tentative Nonconfirmation until it becomes a Final Nonconfirmation.
USCIS has sent a draft regulation to the Office of Management and Budget that would require employers, beginning in April 2019, to pre-register for the H-1B lottery.
U.S. Citizenship and Immigration Services (USCIS) has sent a draft regulation to the Office of Management and Budget that would require employers, beginning in April 2019, to pre-register for the H-1B lottery. Other changes being considered include prioritizing H-1B visa number allocations based on criteria in a 2017 Trump executive order directing prioritization based on “the most skilled or highest-paid petition beneficiaries”; and changing the order of the H-1B visa lotteries so the chances for applicants with a master’s degree are increased. It is unclear when the draft regulation will appear in the Federal Register.
The updated policy requires applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit.
CMS’s David Wright has signaled that new provider-based guidance will be issued in early 2019.
USCIS and CBP are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019.
The Department of Labor announced several revisions to Form ETA-9035, the Labor Condition Application (LCA) for H-1B, H-1B1, and E-3 employment. A new LCA form incorporating these revisions will be fully implemented on November 19, 2018.
Please be advised that as of Monday, November 19, 2018, employers who sponsor foreign nationals for H-1B, E-3 or H-1B1 status will be required to use a new version of ETA Form 9035/9035 to file Labor Condition Applications with the U.S. Department of Labor.