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Labor & Employment E-Note - April 2015

In This Issue: - Employment Law Update After Young v. United Parcel Service, Inc. - Excerpt from Employment Law Update After Young v. United Parcel Service, Inc.: A pregnant employee walks into your...more

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency...more

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The...more

Stay on Order Affecting H-2B Program is Extended by One Month

On Wednesday, the Florida federal court in Perez v. Perez, No. 3:14-cv-682, extended the stay on its March 4, 2015 order vacating the U.S. Department of Labor’s (DOL) 2008 H-2B regulations order by one month through May 15,...more

Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice....more

USCIS Proposes: L-1B Adjudications Policy

The Key – Applying the “Preponderance of the Evidence” standard”? Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter “Guidance”)...more

Employment Flash - March 2015

In This Issue: - Supreme Court Rejects Sixth Circuit Yard-Man Vested Benefits Presumption - Supreme Court Revives Pregnancy Discrimination Light Duty Case - NY Wage Theft Protection Act Amended - Senate...more

USCIS Releases Much-Anticipated L-1B Specialized Knowledge Proposed Guidance Memorandum

U.S. Citizenship and Immigration Services (USCIS) has released a much-anticipated proposed policy memorandum on adjudication of the L-1B “specialized knowledge” nonimmigrant visa category. USCIS Director León Rodríguez said...more

Employment Law - March 2015 #2

California Legislation to Consider: Protections for Unpaid Interns and Volunteers - Why it matters: In this issue of the newsletter, the focus of our review of new California laws shifts from leaves of absence...more

DHS and DOL to Issue Joint Interim Final Rule on H-2B Petitions

As previously-reported, on March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor’s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the...more

PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from...

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more

USCIS Seeks Feedback on RFE Template for Multinational Executive and Manager Category

In April 2010, U.S. Citizenship and Immigration Services (USCIS) launched its Request for Evidence (RFE) Project, an initiative to review and revise the agency’s Service Center RFE templates. Since then, USCIS has published...more

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. Cap-subject...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

DOL Administrative Review Board Nixes Greedy H-1B Worker's Front Pay Appeal Based on New H-1B Employer Petition Approval

The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut...more

Form I-9 Verification Process Update

The following important highlights resulted from the November meeting between the American Immigration Lawyers Association’s Verification and Documentation Liaison Committee, USCIS’s Verification Division, and ICE’s Homeland...more

Employment and Immigration Issues Facing Banks

EMPLOYMENT ISSUES - 1. No compensation for compensable work - Many banks—including large, sophisticated banks—are facing class action lawsuits for not compensating non-exempt employees for compensable work....more

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification...

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more

Employer Alienage Discrimination – Must You Hire Anyone Authorized to Work?

Could it really be that an employer is obligated to hire any person in the United States who has employment authorization, even if it is short-term and temporary in nature? That may very well be the case if a finding in the...more

November 2014 Immigration Alert

DHS Announces Enhancements to ESTA Program - On November 3, 2014, the Department of Homeland Security (“DHS”) announced enhanced security measures that foreign nationals (“FNs”) seeking to use the Electronic System...more

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

Court: USCIS should consider ‘life experience’ for specialized knowledge L-1B visa

In holding that cultural traditions and life experience can be considered “specialized knowledge” for purposes of obtaining an L-1B intracompany transferee visa, a United States appeals court rejected the proposition that a...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

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