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

USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

Written by David S. Rugendorf On November 10, 2021, the Department of Homeland Security (DHS), which the US Citizenship and Immigration Services (USCIS) is a part of, signed a settlement agreement in the case of Shergill et al. v. Mayorkas, where it agreed to provide relief to L-2 and H-4 spousal work authorization (EAD) applicants.  For H-4s, the spouses of H-1B workers eligible for work … Continue reading USCIS AGREES TO RELIEF FOR L-2 and H-4 SPOUSAL WORK AUTHORIZATION (EAD) APPLICANTS

White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

Written by David S. Rugendorf Yesterday, October 25, 2021, the White House issued its long-awaited vaccination and testing requirements for noncitizen/nonpermanent resident air travelers to the United States. The new requirements, which will take effect at 12:01 a.m. on November 8, 2021, replace the previous travel restrictions – no longer will travelers physically present in certain specified geographic regions (China, UK, Ireland, Europe (Schengen countries), … Continue reading White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

Written by Stephen Blaker On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its cap lottery selection of H-1B registrations for the fiscal year (FY) 2022. Employers submitted 308,613 registrations for selection in the cap lottery, of which USCIS selected 87,500 cases, or 28% of the total number of registrations. This is a significant decrease from the FY 2021 … Continue reading H-1B Cap Lottery Selection Rate Drops Significantly and What’s Next?

Quarantine Requirements and US Visa Applications

Written by Frida Popik Glucoft The COVID-19 pandemic continues to have a significant impact on US immigration and the visa process. In addition to the recently announced negative COVID test requirements for US travelers, some embassies are issuing specific quarantine measures as well. The U.S. Embassy in Paris has just announced that in order to protect its employees and visa applicants, anyone applying for a visa … Continue reading Quarantine Requirements and US Visa Applications