S. 744, the immigration bill that will change the game for U.S. immigration, passed the Senate Judiciary Committee on Tuesday. The bill passed with a firm 13-5 bipartisan vote…more
Independent contractors often provide several benefits to employers, such as removing an employer’s duty to pay overtime and health insurance for such workers. In turn, the independent contractor status provides individuals with…more
U.S. Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. The…more
This past March I wrote about pending legislation to broaden the use of Public Private Partnerships in the State of Florida. Although waiting until the last day of the legislative session, the Florida House of Representatives…more
Under the Settlement Agreement in B.H., et al. v. USCIS, et al., No. CV11-2108-RAJ (W.D. Wash.) (also referred to as “ABT Settlement Agreement”), certain individuals who seek to file an asylum application or have already filed…more
In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole individual…more
USCIS is moving the existing online payment for the USCIS Immigrant Fee to its Electronic Immigration System (USCIS ELIS). Customers will soon pay the $165 Immigrant Fee using USCIS ELIS after they receive their immigrant visa…more
Beginning May 7, 2013 U.S. Citizenship and Immigration Services (USCIS) requires all employers to use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications…more
On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable…more
As was expected, the H-1B cap of 65,000 was reached within the first week of the filing period. For the many employers that didn’t make the cut, this means waiting until next year to try again. However, because applications…more
Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring…more
Application Support Centers, often called an ASC, offer fingerprinting services, usually after filing of an application for an immigration benefit. Applicants are usually notified about an ASC appointment by mail and should…more
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
On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare…more
As we reported last month, U.S. Customs and Border Protection began efforts to automate Form I-94 Arrival/Departure Records. The interim final rule published in March has now taken effect. The new electronic system roll-out…more
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