Florida to Require E-Verify for Employers With 25 or More Employees in the State

Written by Alina Charniauskaya-Mehta and Jason A. Farkas Beginning July 1, 2023, employers with 25 or more employees in Florida will be required to use E-Verify to confirm the employment eligibility of new hires, pursuant to Florida Senate Bill (SB) 1718, the new law signed by Governor Ron DeSantis on May 10. Independent contractors – as defined in federal laws or regulations – do not … Continue reading Florida to Require E-Verify for Employers With 25 or More Employees in the State

Pilot Program for Stateside Visa Renewals

Written by Deeba Fahami For the first time in almost 20 years, the State Department (“DOS”) will launch a pilot program later this year offering visa renewal options in the US for H-1B and L-1 workers who are currently required to travel abroad. Background The DOS is the agency who has exclusive authority to issue visas. Currently, visas may be issued only at a US … Continue reading Pilot Program for Stateside Visa Renewals

H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

Written by Lauren Hazday and Alina Charniauskaya Mehta Introduction: To obtain H-1B status for the first time, an employer or prospective employer of a foreign worker is required to go through the annual randomized H-1B lottery often referred to as “H-1B cap.” The H-1B lottery is run to meet the annual quota of 85,000 (20,000 reserved for U.S. advanced-degree holders and 65,000 for holders of … Continue reading H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

U.S. to Impose New COVID-19 Restrictions for Air Travelers from China

Written by Deeba Fahami On December 28, 2022, the Biden administration announced new COVID-19 restrictions for travelers from China, citing mounting concerns of the ongoing COVID-19 surges and the lack of adequate data being reported from the People’s Republic of China (China). These restrictions will affect all air passengers two years and older boarding flights to the United States originating from China, Hong Kong, and … Continue reading U.S. to Impose New COVID-19 Restrictions for Air Travelers from China

Take a Seat: Summary Judgement Reversed in Suitable Seating Suit 

Written by Jeremy Mittman Last week, a California appeals court reversed a summary judgement in favor of AutoZoners, who was sued by an ex-employee for failing to provide her with suitable seating, ruling that triable issues of material fact exist. Background The plaintiff worked as a sales associate at an AutoZone parts store operated by AutoZoners, assisting customers at cashier counter and parts counter workstations. … Continue reading Take a Seat: Summary Judgement Reversed in Suitable Seating Suit 

USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

Written by David S. Rugendorf Today (March 18, 2022) the U.S. Citizenship and Immigration Services (USCIS) announced that beginning April 1, 2022, it will mail notices to certain E and L nonimmigrant spouses, specifically those who entered the United States before January 30, 2022 and who are the beneficiaries of an approved Form I-539 extension of status.  These notices, along with an unexpired I-94, will … Continue reading USCIS to Mail Evidence of Work Authorization to Certain E and L Nonimmigrant Spouses

Returning to Your Physical Office After COVID-19?:  Remember to Resume Physical Inspection of I-9s

Written by David S. Rugendorf The return to the physical workplace environment after approximately two years of remote work arrangements brings with it many challenges and tasks.  What employers may easily overlook is that “normal” in-person Form I-9 administration procedures resume upon employees’ return to the physical office.  Moreover, physical inspection of documents is also required for employees who were on-boarded during a COVID-19 remote … Continue reading Returning to Your Physical Office After COVID-19?:  Remember to Resume Physical Inspection of I-9s

US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry

Written by David S. Rugendorf As of January 31, 2022, the US Customs and Border Protection has begun providing spouses of E and L-1 nonimmigrants with a special designation code upon admission to the United States.  Following a lawsuit settlement that was announced in November, 2021, these spouses will be allowed to work in the United States immediately upon entry.  These spouses will be issued … Continue reading US Authorities Implement New Admission Codes for E and L Spouses, Providing for Employment Authorization Automatically Upon Entry

Potential Changes to PERM Recruitment Processes following Facebook Settlement

Written by Stephen A. Blaker On October 20, 2021, the U.S. Departments of Labor (DOL) and Justice (DOJ) announced separate settlement agreements with Facebook in connection with the company’s PERM labor certification applications. The PERM labor certification program allows companies like Facebook to provide sponsorship for the company’s employees seeking permanent resident status (“green card”) in the United States. This application process requires the U.S. … Continue reading Potential Changes to PERM Recruitment Processes following Facebook Settlement

USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses

Written by David S. Rugendorf Following on the November 11, 2021 announcement of a settlement agreement on the subject (see our MSK Immigration Alert, “USCIS Agrees To Relief For L-2 And H-4 Spousal Work Authorization (EAD) Applicants” (November 11, 2021)), the USCIS today issued guidance on its new policy, titled “Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses” (USCIS Office of the … Continue reading USCIS Issues Guidance To New Employment Authorization (EAD) Policy for H-4, L-2 and E Spouses