Legal Updates

Posts in Labor and Employment.
USCIS Completes Initial H-1B Electronic Registration Selection Process and Extends Grace Period for New Form I-129

On March 30, 2021, the United States Citizenship and Immigration Services (USCIS) announced it had completed the initial FY2022 H-1B Cap-Subject Registration selections. As of April 1, 2021, petitioners who were selected during the registration period will be able to file Form I-129 for ...

Highlights of the COBRA Subsidy per the American Rescue Plan Act

On March 11, 2021, the American Rescue Plan Act (ARPA) was enacted to provide additional economic support to individuals and businesses during the COVID pandemic. A key component of the ARPA is a program to fully subsidize COBRA coverage for a six-month period for any “Assistance Eligible ...

USCIS Issues Policy Guidance on P-1A Internationally Recognized Athletes - Comments Due April 26

USCIS issued guidance in the USCIS Policy Manual to update and clarify guidance for P-1A internationally recognized athletes. The update provides guidance regarding the required prospective level of performance and USCIS’s interpretation of the phrase “major United States sports ...

New Jersey Department of Health Issues Guidance for Employers on Mandating COVID Vaccination

On March 19, 2021, the New Jersey Department of Health (DOH) issued guidance for employers that want to require employees to receive the COVID-19 vaccine before returning to the workplace. In its guidance on the issue, the DOH explained that an employer can issue such a mandate ...

DOL Proposes Further Delay of Final Rule on Computation of Prevailing Wage Levels

The Department of Labor (Department) issued a Federal Register notice proposing to further delay the effective date of the Final RuleStrengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, for a period of eighteen months or ...

USCIS Notice Extending and Redesignating Syria for TPS

USCIS issues notice extending the designation of Syria for TPS for 18 months, from 3/31/21 through 9/30/22. Current beneficiaries under Syria’s TPS designation will be eligible to re-register for an extension of their status and have employment authorization through Sept. 30, 2022 ...

House passes American Dream and Promise act and Farm Workforce Modernization Act

The American Dream and Promise Act (H.R. 6) and the Farm Workforce Modernization Act, FWMA, (H.R. 1603) passed the U.S. House of Representatives with bipartisan support on Thursday, March 18. Now the Senate must act and bring these bills up for a vote.  

If enacted into law ...

Public Charge Guidance from USCIS

On or after March 9, 2021, applicants and petitioners no longer need to provide information required solely by the Public Charge Final Rule on Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form, with their Form I-485. In addition, applicants ...

USCIS Announces Flexibilities for Certain Foreign Student Applicants Affected by Delayed Receipt Notices for Form I-765, Application for Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) has announced certain flexibilities for foreign students (F-1 nonimmigrants) affected by delayed receipt notices for Form I-765, Application for Employment Authorization for Optional Practical Training (OPT).

On graduation, a ...

The Department of Labor Announces a 60-Day Delay in Effective Date of Final Rule Affecting Wages for H-1B and PERM Workers

The Department of Labor (DOL) has published a final rule delaying the effective date of the Final RuleStrengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, published on January 14, 2021, 86 FR 3608, for a period of 60 days. The ...

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