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2016 California Labor and Employment Legislation Update: The End (of Session) Is Near…

The California Legislature adjourned in the wee hours yesterday, Wednesday, August 31st, having reviewed over 100 bills in the single day, bringing the second half of the 2015-2016 Legislative Session to a close. Several...more

Getting It Right: Maximizing Yield While Minimizing the Risk in Hiring Farm Labor

Agricultural producers and processors throughout the United States face significant pressure to ensure their operations comply with federal and state labor laws. Increasing demand for U.S.-grown goods and local labor...more

H-2A Delays Cost Farmers Profits and Customers

The U.S. Department of Labor (DOL) and Citizenship and Immigration Services (USCIS) are responsible for processing H-2A guest worker visa applications, but farmers are seeing delays of up to two weeks in the arrival of these...more

California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

DOL Issues an Administrator's Interpretation Regarding Joint Employment

The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection...more

The Chill of ICE: Crackdown on Undocumented Workers Can Cost You

Recently, an agricultural company faced more than $100,000 in fines after U.S. Immigration and Customs Enforcement (ICE) auditors identified more than 100 substantive violations – each carrying a $1,100 maximum penalty....more

Many Michigan Farms Having Difficulty Finding Seasonal Workers

Michigan farms are having trouble finding seasonal workers because migrant workers are becoming more interested in permanent positions. Michigan Farm Bureau has reported that migrant workers fill about 40,000 seasonal jobs on...more

August 2015 Immigration Alert

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of...more

System Glitch Leads To Freeze On US Travel Visas

Since June 9th a computer glitch has stalled visa processing at U.S. embassies all over the world. The hardware malfunction has kept crucial biometrics information (including fingerprints) from reaching foreign U.S....more

Glitch in State Department Systems Causing Worldwide Visa Issuance Delays

U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign...more

U.S. Visa Systems Down Globally – DOS Continues to Work on a Fix – Expect Delays!

The following bulletin was published by the Department of State (which oversees all consulates/embassies), advising of a global glitch that has stopped all U.S. visa issuance worldwide. The issue has not resolved since the...more

Client Alert: Visa and Passport Delays Expected to Continue Through Next Week

On June 12, 2015, the U.S. State Department’s Bureau of Consular Affairs (the “Bureau”) first announced that a hardware failure on June 9 had led to technical problems with overseas passport and visa systems. The hardware...more

EB-5 Project Finance–Investor Visa Option - Creative Financing for U.S. Developers and Businesses

In recent years, developers seeking to raise capital have taken a keen interest in the EB-5 regional center investor visa program. Regional centers are entities designed to use immigrant investor capital to promote economic...more

USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to...more

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

Immigration Reform Marches On

August has been a busy, productive month for immigration reform advocates. From the 50th anniversary of Dr. King’s historic March on Washington, to Women’s Equality Day in Seattle, to town halls across the country, a broad...more

How Will the Immigration Reform Proposals Impact Businesses & Employees?

Much of the debate surrounding immigration reform has centered around providing a pathway to Citizenship for the 11 million undocumented people in the country. While a significant part of the legislation is focused on this...more

Introduction of A New Agricultural Guestworker Bill

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) introduced on April 26, 2013 the Agricultural Guestworker “AG” Act (H.R. 1773) a bill to provide American farmers with a workable temporary agricultural guestworker...more

H-2B Adjudication Resumed

As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los...more

Comprehensive Immigration Reform Provides Opportunities for President, Republicans, High-Tech Companies, Labor Unions

With the current Congressional focus on discretionary spending and revenue issues surrounding Sequestration, it may seem like little attention can be paid to other policy reforms. In comprehensive immigration reform,...more

Preparing For Seasonal Agricultural Labor

The U.S. government's expected focus on immigration and employment law enforcement in 2013 will continue to significantly impact agricultural employers. In 2012, the U.S. Immigration and Customs Enforcement, Homeland Security...more

Immigration Reform: Comparing the Senate Proposal with the White House Proposal

This week, both President Obama and the Senate announced frameworks for comprehensive immigration reform. The following is a comparison of key elements in each of the plans....more

2013 New H-2A Adverse Effect Wage Rates (AEWRs) and New Prevailing Wage Rates for Certain Occupations Processed Under H-2A Special...

The Department of Labor has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs...more

McAfee & Taft AgLINC - Summer 2012

Inside This Issue: - The Equal Access to Justice Act: A valuable tool for farmers in crop insurance disputes - Avoiding hidden liabilities with employee housing agreements - H-2A workers: A solution to farm labor...more

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