After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic...more
As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more
12/4/2020
/ Administrative Procedure Act ,
Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Interim Final Rules (IFR) ,
Prevailing Wages ,
Specialty Occupations ,
Summary Judgment ,
Trump Administration ,
Visa Caps
On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more
10/12/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
Green Cards ,
H-1B ,
Interim Final Rules (IFR) ,
LCA ,
Prevailing Wages ,
Specialty Occupations ,
Trump Administration ,
USCIS ,
Visas
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies.
U.S. Entry...more
9/17/2020
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Electronic Travel Authorization Program (eTA) ,
ESTA ,
Foreign Nationals ,
Form I-9 ,
Green Cards ,
H-1B ,
LCA ,
Popular ,
Temporary Visa Suspensions ,
US Department of State ,
USCIS ,
Verification Requirements ,
Visa Waiver Program
On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more
8/5/2020
/ Corporate Counsel ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Foreign Workers ,
Green Cards ,
H-1B ,
Immigration and Nationality Act ,
LCA ,
OMB ,
Secretary of Labor ,
Subcontractors ,
Trade Adjustment Assistance ,
Trump Administration
U.S. Entry Restrictions-
U.S. citizens and lawful permanent residents (green card holders) and their immediate family members are not subject to the COVID-19 Entry Restrictions (“Entry Restrictions”). The same exemption...more
On June 17, USCIS rescinded two policy memoranda and updated policy guidance dealing with the employer–employee relationship for H-1B petitions, including third-party site placements, and contracts and itineraries...more
Citing the overall unemployment rate in the United States, President Trump issued an expanded version of Proclamation 10014, titled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market...more
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies.
U.S. Entry...more
On May 29, 2020, President Donald Trump issued a proclamation to block certain Chinese nationals associated with entities in China that implement or support China’s “military-civil fusion strategy”1 from entering the United...more
U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the...more
On April 22, 2020, President Trump signed a proclamation temporarily suspending the immigration of certain immigrants who present a “risk” to the U.S. labor market during the COVID-19 outbreak. In sum and substance, the edict...more
COVID-19 has erased a decade of job growth in less than one month. The pandemic has halted most economic endeavors not only in the United States but throughout most of the world. On a macro level, there is an extraordinary...more
As the COVID-19 pandemic expands, disrupting lives of everyone around the globe, employers should keep a few guiding principles in mind.
•Keep up with and follow the best public health advice available. The Centers for...more
U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies...more
Now that cases of the coronavirus disease (dubbed “COVID-19” by the World Health Organization) have been diagnosed in several states, businesses are increasingly encountering a variety of employment-related issues. Here are...more
On January 31, 2020, the Department of Homeland Security (DHS) published a Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification (Rev. 10/21/2019). Employers should begin...more
Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more
9/3/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Home Health Agencies ,
Home Healthcare Workers ,
Minimum Wage ,
Over-Time ,
Recordkeeping Requirements ,
Third-Party Service Provider ,
Wage and Hour
The National Labor Relations Board (“NLRB”) on August 27, 2015, issued a sweeping decision that overturned decades of precedent and created a new standard for determining when two (or more) entities are “joint employers” for...more
9/1/2015
/ Collective Bargaining ,
Employer Liability Issues ,
Franchise Agreements ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Master Service Agreement ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Supervision ,
Terms and Conditions ,
Wages
The President’s Immigration Accountability Executive Action holds the promise of major improvements to the ability of foreign national talent and their families to enter, work, and remain in this country while going through...more
New Jersey has enacted a law prohibiting employers with 15 or more employees from asking about a job applicant’s criminal history until after a first interview, unless the employee voluntarily discloses criminal history...more
Connecticut’s Public Act 13-176, An Act Concerning Employee Access to Personnel Files, goes into effect on October 1. The new law amends Connecticut’s employee personnel file law and changes employers’ obligations and the...more
As the October 1, 2013, deadline for compliance with certain notification requirements mandated by the Patient Protection and Affordable Care Act (PPACA) approaches, employers are grappling with questions about their...more