As reported on April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) received more H-1B cap petitions than the statutory available visas for both the general cap of 65,000 available H-1B visas and the additional 20,000 for U.S. advanced degree exemption, also known as the “master’s cap.” We understand how stressful it is for both the H-1B employers and the foreign national candidate as they await the results of the H-1B lottery (“work by lottery” program).… More
Monthly Archives: April 2018
Federal Judge Issues Decision That Can Determine DACA’s Fate
On April 24, 2018, a district judge for the District of D.C. ruled that the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedure Act. In his opinion, Judge John Bates said the administration failed to provide reasoning to adequately explain its conclusion that DACA was unlawful. “Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program.”
This decision is the first to reinstate DACA in its entirety,… More
Are You Ready for USCIS H-1B Site Visits or Department of Labor Audits?
Now that the FY 2019 H-1B cap has been reached, make sure you have a strong immigration compliance programs in place, particularly when it comes to Department of Homeland Security’s H-1B Site Visit program and Department of Labor H-1B/Labor Condition Application Audit program. As reported earlier this year, the government plans to step up targeted site visits and audits for H-1B cases in 2018.… More
H-1B Cap Reached for Fiscal Year 2019
Today, April 6, 2018, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received more H-1B cap petitions than the statutory available visas for both the general cap of 65,000 available H-1B visas and the additional 20,000 for U.S. advanced degree exemption, also known as the “master’s cap.” Therefore as mandated, USCIS will run a computerized random selection lottery to choose the petitions that will be selected for processing.… More
Supreme Court Adopts More Expansive View of FLSA Exemptions
Since the 1950s, the U.S. Supreme Court has taken the view that the exemptions to the Fair Labor Standards Act (“FLSA”), which exempt employees from the FLSA’s minimum wage and overtime requirements, should be interpreted narrowly. In its April 2, 2018 decision in Encino Motorcars v. Navarro, however, the Supreme Court reversed course and rejected this principle. As a result, the decision allows courts to give broader interpretations to the FLSA exemptions,… More
New Portal for F-1 International Students and an Update on Potential Changes to OPT Rules
International students studying in the U.S. (typically in F-1 nonimmigrant status) must comply with many federal regulations while studying and working in the U.S. Much of their information is coordinated through their school’s designated school official (“DSO”), who reports the F-1 student’s information using the U.S. Immigration Customs Enforcement’s (“ICE”) database called the Student and Exchange Visitor Information System (“SEVIS”), which stores and reports information about the F-1 student’s immigration status.… More
Watch: Sexual Harassment Complaints – A Legal and PR Perspective
In Partnership with ACC-Northeast
Recent high-profile sexual harassment scandals have prompted renewed discussions about sexual harassment in the workplace. This webinar focuses on these issues from a legal and crisis response perspective.
We begin with a discussion about how to conduct an effective investigation of sexual harassment complaints, including addressing issues such as privilege, confidentiality and legal liabilities. We then discuss with PR expert, Kelsey Nason, how to manage the public relations aspects of such complaints.… More