Eligibility

News & Analysis as of

Will You Still Be An “Accredited Investor”?

The Securities and Exchange Commission (SEC) is considering changing the accreditation standards used to determine eligibility of investors to participate in private offerings. The current definition of accredited investor...more

FHFA Proposes Mortgage Insurer Eligibility Requirements

On July 10, the FHFA sought input on a proposal to establish new eligibility requirements for private mortgage insurers seeking to insure Fannie Mae and Freddie Mac (the Enterprises) mortgages. As described in an overview...more

CBP Releases Eligibility Requirements and Security Criteria for its C-TPAT Exporter Program

On July 9, 2014, U.S. Customs and Border Protection (CBP) released the eligibility requirements and security criteria for its expanded Customs-Trade Partnership Against Terrorism (C-TPAT) program. CBP is expanding C-TPAT to...more

Final Regulations on Orientation Periods Released

On June 20, the Federal regulatory agencies in charge of health care reform guidance (the Departments of Labor, Treasury, and Health and Human Services) released final regulations (“Final Regulations”) clarifying the...more

WOSB and EDWOSB Programs: Getting Certified and Staying Compliant

In this presentation: - WOSB/EDWOSB programs trending up - Eligibility criteria - Understanding the application process - Taking full advantage of the WOSB/EDWOSB programs - Maintaining...more

Quickie Elections and You: What Employers Need to Know about NLRB’s Proposed Rule Changes

In 2011, the National Labor Relations Board (“NLRB” or the “Board”) issued proposed changes to its election rules for the purposes of speeding up the election process. These so-called “quickie” election rules were adopted by...more

Is a Receiver Disqualified if He or She is Related to a Party or a Judge?

QUESTION: My cousin, who is a lawyer, asked me to act as a receiver in a case where he represents the plaintiff. Is there some prohibition on my doing so? Am I ineligible to act as receiver because of our family relationship?...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

Tough ICE Deportation, I-9 Worksite Enforcement Efforts Continue To Affect Employers

As employers know, failing to comply with I-9 requirements can lead to fines, the loss of federal funding, even criminal sanctions against employers and, as we discussed at this year’s Employment Law Conference, their...more

Health Care Reform Implementation Update - February 26, 2014

Though Congress was in recess this past week, congressional staff was hard at work continuing to consider ways to prevent a cut to Medicare providers’ payment rates that will be triggered by the sustainable growth rate...more

Health Update - Feb 25, 2014

Integrating Physical and Behavioral Health: Strategies for Overcoming Legal Barriers to Health Information Exchange - A growing number of Medicaid officials believe that coordinating care across the physical and...more

OTC Markets Proposes Amendments to OTCQX Rules and New Rules for US Banks

On February 13, OTC Markets Group (OTC) proposed amendments to the OTCQX Rules for both US and international companies. The OTCQX is the highest market tier for over-the-counter trading on the OTC Markets. These proposed...more

CalSTRS Extends Time to Elect to have Service Count Toward CalSTRS Retirement

CalSTRS recently issued new guidance that applies when a CalSTRS member changes to a new position that may not be eligible for participation in the retirement system. The guidance, found in Employer Information Circular,...more

Summary Of Proposed Amendments To Regulation A

On December 18, 2013, the SEC published its proposal to modify Regulation A. The SEC is proposing to expand Regulation A into two tiers: Tier 1, for offerings of up to $5 million; and Tier 2, for offerings of up to $50...more

FERC Amends Pro Forma SGIP and SGIA

Reforms are expected to reduce the time and cost required to process small generator requests for Interconnection Customers while maintaining reliability, increasing energy supply, and removing barriers to the development of...more

New Jersey Bill Aims To Count Time Missed Due To A State Of Emergency In Determining Eligibility For Certain Leave Benefits

On September 30, 2013, a bill (S2996) was introduced seeking to expand eligibility for state leave and disability benefits for employees who have been laid off or furloughed due to a declared state of emergency. First, the...more

Staying Eligible for Medicaid after the Death of a Spouse

When one member of a couple moves to a nursing home, we expect that spouse will be the first to die, but this isn’t always the case. What happens if a Medicaid recipient's spouse dies first? If planning steps aren't taken,...more

Congressional Budget Office’s estimate on budgetary effects of raising Medicare eligibility age to 67

On October 24, 2013, the Congressional Budget Office (CBO) released an updated estimate on the potential impact of raising Medicare’s eligibility age. Medicare costs are expected to rapidly increase in coming years due to...more

Who’s Authorized to Work in the U.S.? A Guide for Employers and Foreign Nationals

There are numerous opportunities for employers to hire foreign nationals who are legally authorized to work in the U.S., but understanding the various eligible classifications and complying with verification procedures can be...more

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more

Lawyers' Ethics Committee Deems New York Lawyers Ineligible for Dodd-Frank Whistleblower Bounties

The issue of whether attorneys may "blow the whistle" on conduct they reasonably believe violates securities laws, and thereby collect bounties under federal whistleblower laws, is controversial. ...more

Update! I-9 Forms and Immigration

Earlier this year, the U.S. Citizenship and Immigration Services (“USCIS”) issued a newly revised Form I-9 for use by employers. The Form I-9 is used to verify the identity and employment authorization of individuals who are...more

It’s Time to Register for the 2015 Diversity Immigrant Visa Lottery!

On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

Life Insurance Beneficiary Who Murdered Policyholder Is Not Entitled To Benefits

Applying the common law “slayer rule,” a federal district court in New York held that a beneficiary of an ERISA-governed life insurance plan forfeit his claim to insurance proceeds after he pled guilty to murdering the...more

Same-Sex Marriage Cases—Planning Opportunities and Pitfalls

The Supreme Court of the United States recently held that the federal government must recognize same-sex marriages that are valid under state law, and effectively reinstated same-sex marriage in the state of California. ...more

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