Monthly Archives: February 2018

NLRB Vacates Hy-Brand Joint Employment Liability Standard Because of Board Member Conflict

On February 26, 2018, the National Labor Relations Board vacated its recent ruling in the Hy-Brand Industrial Contractors, Inc. case that had set a new standard for determining joint employer status. The action was not for substantive reasons. Instead, it was due solely to a conflict that arose because one of the Board members who decided the case, William Emanuel, had previously worked for a law firm that had represented a party in the case.… More

Crackdown on Business Travelers from Visa Waiver Countries

The Visa Waiver Program (“VWP”) allows citizens of 38 countries to travel to the U.S. for business or pleasure without having to obtain a formal visa by obtaining a pre-clearance known as Electronic System of Travel Authorization (“ESTA”). The ESTA registration is valid for two years and allows stays of up to 90 days per visit. Approximately 20 million visitors a year participate through this program. DHS automatically screens all ESTA information against numerous U.S.… More

What U.S. Employers Need to Know About the FY 2019 H-1B Visa Cap Season

It’s the time of year when U.S. employers are preparing for the upcoming H-1B cap petition filing season. While it appeared that USCIS was considering revising the H-1B lottery process for this fiscal year by adding a new online pre-registration step, USCIS recently confirmed that there are no changes to the process at this time. USCIS will begin accepting H-1B cap-subject petitions in the same manner as they have in years past,… More