Myths, rumors and clarification on the status of the H-4 EAD

Porter Wright attorney Rob Cohen posted this on our Employer Law Report blog.
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. The proposed rule must still clear several administrative hurdles before it becomes effective and can be implemented.

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President Trump schedules more duties in trade dispute with China

Pursuant to section 301 of the Tariff Act of 1974, President Trump announced that he would impose 10 percent duties on a new group of products originating in China, the value of which is approximately $300 billion. 08.14.19 FR Notice. 

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The GDPR: A year in review

On May 25, 2018, the General Data Protection Regulation (GDPR) became effective across the European Union. The GDPR is a regulation designed to give EU residents control over their personal data and simplify the regulatory framework for international organizations doing business in the EU. In its infancy, it was not entirely clear how the GDPR would be enforced. Now, one year later, the regulation is beginning to show some teeth.

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Section 301 duty exclusions announced

On June 4, 2019, the Office of the U.S. Trade Representative will announce another round of product exclusions associated with the first set or tranche of Chinese-origin products on which USTR imposed 25 percent duties. The value of the products on which the duties were originally imposed approximated $34 billion.

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Section 301 duties: New exclusion process announced

On May 21, 2019, the Office of the United States Trade Representative (USTR) announced its intention to implement a product exclusion process related to the China-origin products valued at $200 billion (the Third Tranche) on which U.S. import duties were recently increased from 10 to 25 percent. 
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The United States Patent and Trademark Office’s intellectual property attaché program offers valuable resources to guide U.S. businesses in navigating IP systems abroad

The United States Patent and Trademark Office (USPTO) offers valuable IP-related business resources through an intellectual property (IP) attaché program. The program is structured to generally improve IP policies, laws and regulations abroad for the benefit of U.S. businesses and stakeholders, while providing country-specific IP-related materials and services to teach and inform. However, the program also makes representatives available who can act as points of contact for U.S. businesses to guide actions and to provide interactions with foreign governmental entities to addresses country-specific IP-related legal issues.
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The European Union and Japan agree to eliminate tariffs

On July 17, 2018 the European Union and Japan formally agreed to eliminate nearly all of the tariffs on products in their bilateral trade. In so doing, the European Union and Japan each confirms their respective position as advocates for free trade.

The agreement eliminates approximately 99 percent of the EU tariffs on Japanese products and approximately 94 percent of the Japanese tariffs on EU products; the latter of which is expected to increase to 99 percent over time. According to public statements, the current difference in volume between the tariff reductions is attributable to products that Japan considers politically sensitive, e.g., rice.
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Affidavit avoids new withholding requirements on sale of partnership interests: New IRC Sections 864(c)(8) and 1446(f)

The tax act contains provisions regarding withholding on the sale or redemption of tax partnership interests (including limited liability companies taxed like partnerships) that require immediate attention.

A recent Tax Court case held that a foreign partner’s gain on the redemption of a partnership interest was not U.S.-source income and was not effectively connected income (ECI), even though the partnership was engaged in a U.S. trade or business. The decision was in contrast to prior IRS guidance on the issue. In response to the decision, the tax act added new code provisions.
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Mandatory reporting by U.S. disregarded entities (single-member LLCs) owned by a non-U.S. person

Final Treasury regulations have been released governing the treatment of domestic disregarded entities wholly owned by a foreign person. The rules apply for the limited purposes of the reporting, record maintenance and associated compliance requirements that apply to 25 percent foreign-owned domestic corporations under Code Sec. 6038A.
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Ohio sales and use tax compliance change regarding transactions that are exempted from the definition of sales and use taxable “employment services”

International businesses with operations in Ohio need to keep abreast not only of federal tax changes but also Ohio tax changes. Ohio has taxed “employment services” for years, but there are five statutory exceptions that kick a particular service out of the definition of taxable “employment services.”
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What does it take to bring foreign companies to the US?

On our blog, Antitrust Law Source, host Jay Levine talks to Oded Shenkar, Ford Motor Company Chair in Global Business Management and Ohio State professor, about the challenges and opportunities facing foreign businesses who wish to come to the United States. The duo talks about regulatory matters, strategic factors and how the political climate will affect a company’s decision to doing business in the United States.

Takedown of counterfeit goods in China?

The elimination of counterfeit goods from online marketplaces in China continues to improve due to support from the Chinese government, changing laws in China which can impose liability on online marketplaces for infringement of intellectual property rights (IPR) and continued pressure from manufactures from around the world.
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Supreme Court to consider international patent exhaustion

Four years after fully embracing international copyright exhaustion in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court has finally taken up the issue of patent exhaustion. In Impression Products, Inc. v. Lexmark International Inc., the Court has been asked to answer two questions.
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Federal disaster relief available to employees in aftermath of natural disasters

Natural forces wreaked havoc on a number of states and territories this fall when Hurricanes Harvey, Irma and Maria made landfall. The federal government sprang into action by making disaster declarations for affected areas to provide aid in the aftermath of these tragic events.
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