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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

  • 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
  • USCIS Administrative Appeals Office issues important non-precedent decisions on wage level determinations for H-1B petitions By Rob Cohen    Beginning in the summer of 2017, employers began to see an increase in Requests for Evidence (RFE) from USCIS on H-1B petitions alleging that the occupation was not a specialty occupation because the employer assigned a level 1 wage. Two recent decisions from the Administrative Appeals Office (AAO) indicate that this may no longer be an concern. Some background to this issue is helpful. The H-1B visa is available for foreign nationals who will be performing services in a... More
  • Administration disavows proposal to limit all H-1Bs to six years By Rob Cohen    On Dec. 30, 2017 McClatchy News reported that USCIS was considering an interpretation of a provision in the American Competitiveness in the Twenty First Century Act that would restrict H-1B visas from extensions beyond six years. This story provoked a fire storm of panic among Indian H-1B visa holders who have been waiting for an available immigrant visa while caught in backlogs often in excess of 10 years and longer. While many lawyers cautioned that the statute could... More
  • SCOTUS allows travel ban 3.0 to take effect By Porter Wright    The third time is the charm for the Trump Administration, for now. On Monday, Dec 4, 2017, the U.S. Supreme Court issued an order allowing President Trump’s third attempt at a travel ban to take full effect while the issue of its constitutionality is litigated in the circuit courts. This decision has the practical effect of lifting hard-fought blocks against the controversial ban. The travel ban has been a source of contention since its inception in January 2017, when... More