Blog

https://www.employerlawreport.com/

Porter Wright’s Labor and Employment Department represents management clients in matters ranging from immigration, complex employment discrimination and wrongful discharge litigation, including class actions and ERISA litigation, to compliance with various federal, state and local employment laws and regulations, including the FLSA. 

Recent Blog Posts

  • New H-1B petitions for FY2022 again follow online registration and selection process, wage-based selection delayed By Rob Cohen   U.S. Citizenship and Immigration Services (USCIS) changed the H-1B lottery last year with the introduction of a requirement that employers first register their interest to file petitions for the fiscal year beginning October 1 in an online system. The lottery was conducted from the registrations instead of the full petitions, as had been done in previous years. Only those employers whose registrations were selected were able to file H-1B petitions with USCIS. This registration system will remain in... More
  • Immigration settlement allows thousands of foreign workers to get back to work By Rob Cohen and Caroline Gentry   On Aug. 21, 2020, Chief Judge Algenon Marbley of the United States District Court for the Southern District of Ohio ordered the U.S. Citizenship and Immigration Service (USCIS) to permit thousands of foreign nationals to work in the U.S. before they receive printed Employment Authorization Documents (EADs). These workers had already been approved to work by USCIS, but they had not received the EADs they must provide to their employers. Although these cards are usually... More
  • Presidential Proclamation limits nonimmigrant employment visas By Rob Cohen   The President issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on June 22, 2020, limiting the admission of certain foreign nationals to the United States. This Proclamation includes an introduction describing the high unemployment rate resulting from the COVID-19 pandemic and the economic dislocation as justification for this ban on the admission of certain temporary visas. The President also extended the 60 day limitation of immigrant... More
  • Parsing President Trump’s latest tweet and proclamation on immigration By Rob Cohen and Laura Jurcevich   President Donald Trump released a “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following COVID-19 Outbreak” on Wednesday, April 22, 2020. This proclamation provides the legal context and direction to implement a Monday night tweet asserting his intention to “suspend immigration.” While we analyze the legal implications of this proclamation below, it is also important to understand the context. As a practical matter, the limitation on... More
  • Work from home and travel policy considerations for employees of nonimmigrant visa status during coronavirus outbreak By Yuanyou (Sunny) Yang   Public health experts recommend that companies encourage employees to work from home to stem the spread of the coronavirus (COVID-19) in offices, large meetings, public transit and elsewhere. Remote work policies, coupled with travel bans and government-imposed quarantines, pose unique complications for employers and their employees holding nonimmigrant visa status. Correction: As we previously reported, where an H-1B employee is required to work remotely under a company-wide policy, a new petition is not required as long as the... More
  • Employer Alert: revised Form I-9 effective January 31, 2020 By James Jensen   The U.S. Citizenship and Immigration Services (USCIS) has again released a new and updated version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the Form I-9 for new employees. Effective January 31, 2020, employers should use the new Form I-9, available online in PDF format. The latest version of the Form I-9 is mandatory as of May 1, 2020, and it replaces the prior version... More
  • H-1B registration for 2021 cap season dates announced By Catherine Kang   On Dec. 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B cap season 2021 will begin on March 1, 2020 and end on March 20, 2020. Once selections have been announced, those selected will have 90 days to submit the petitions. H-1B electronic registration requirement On Jan. 31, 2019, USCIS issued the final rules requiring employers to electronically register each intending beneficiary to enter the random selection process for H-1B cap cases.... More
  • Myths, rumors and clarification on the status of the H-4 EAD By Rob Cohen   In February of this year, USCIS announced that the proposed rule to eliminate the ability of foreign nationals in H-4 status to apply for an Employment Authorization Document (EAD) was sent to the Office of Management and Budget (OMB) for final approval. Five months later, OMB has still not released the proposed rule for publication. The delay likely reflects substantive issues and is more than mere bureaucratic delay. In the meantime, the H-4 EAD is alive and well.... More
  • Court ruling puts administration’s immigration policy on hold By Rob Cohen   On Friday, May 3, a Federal District Judge in North Carolina enjoined the Trump Administration’s effort to change the immigration policy on “unlawful presence” as it is applied to foreign students, in Guilford College et al. v. McAleenan, et. a.l. The concept of unlawful presence was first introduced into the immigration laws in 1996 to impose a penalty on those who remain in the U.S. after their authorized period of stay expires. This penalty, a bar, known as... More
  • New forms I-539 and I-539A, and additional fees, required on March 21, 2019 By James Jensen   Foreign nationals, especially spouses and dependents of nonimmigrant workers and students, are warned that U.S. Citizenship and Immigration Services (USCIS) is revising the Form I-539, Application to Extend/Change Nonimmigrant Status. This form is used by nonimmigrants to extend their stay in the U.S. or change to another nonimmigrant status, as well as for F and M students applying for reinstatement. The new form was issued on March 11, 2019 and after March 21, 2019, USCIS will accept only... More