Legal Updates Archive

USCIS announced on May 11, 2021, that applicants, petitioners, requestors and beneficiaries may now call to reschedule their biometric services appointments scheduled at a USCIS Application Support Center.

Due to shifting commodity prices, land use regulations, and a variety of other factors, mineral interests often go unused for significant periods of time.

The playground adage “finders keepers, losers weepers” appears to have been taken to new heights in a recent court decision authored by U.S. District Judge Jesse Furman, costing Citibank around $500 million.

This next installment in our Vendor Contracts 101 series takes a closer look at how to plan for mergers and acquisitions when negotiating vendors contracts.

This article outlines practical steps for banks to take to protect themselves against check fraudsters.

Deficiency judgments are common occurrences in mortgage foreclosures and typically arise when the amount bid at sale is less than the amount due on the mortgage debt. It is rare, however, when the amount bid at sale exceeds the mortgage debt.

The USPTO is launching a Pilot Prioritized Review Program for Appeals Related to COVID-19 where the Trademark Trial and Appeal Board (TTAB) will expedite the review and issuance of ex parte appeal decisions for applications examined under the COVID-19 Prioritized Trademark Examination Program.

On May 21, 2021, USCIS and DOL announced they will issue a joint temporary final rule on May 25, 2021, making available 22,000 additional H-2B visas for certain foreign national workers and U.S. businesses.

President Biden has issued a proclamation suspending the entry of non-U.S. citizens who were physically present within India during the 14-day period preceding their entry or attempted entry into the United States, with some exceptions.

Effective immediately, U.S. Citizenship and Immigration Services updated its policy guidance to generally restore its 2004 instructions directing officers to defer to prior determinations of eligibility when adjudicating petition extensions involving the same parties and facts as the initial petition.

On April 30, 2021, the Department of State announced a tiered prioritization approach to "triage" immigrant visa applications in light of reduced operating capacity as a result of the COVID-19 pandemic.

The Social Security Administration has ended the practice of sending employers “no-match” letters, called Employer Correction Request Notices.

In light of increased labor demands, the Department of Homeland Security announced a supplemental increase of 22,000 visas this fiscal year for the H-2B Temporary Non-Agricultural Worker program.

The Department of Homeland Security has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Venezuela or Syria.

Effective May 19, 2021, the Department of State is changing the certification authority for noncitizen physicians from the American Board of Medical Specialties to the Accreditation Council for Graduate Medical Education.

The Department is warning travelers against going to “approximately 80% of countries worldwide.”

USCIS announced that F-1 students seeking optional practical training can now file Form I-765, Application for Employment Authorization, online if they are filing under one of several categories.

Attorneys Jeff Joseph of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC, along with the American Immigration Lawyers Association, filed a complaint on behalf of scores of plaintiffs against the Department of State and Secretary Antony Blinken.

The Department of Labor's Office of Foreign Labor Certification revised its Form ETA-9141, Application for Prevailing Wage Determination, for use beginning May 3, 2021.

Students seeking to start studies in the fall, certain academics, journalists and individuals who provide critical infrastructure support in countries affected by a geographic COVID-19 restriction may now qualify for a national interest exception.

U.S. Customs and Border Protection issued guidance on March 5, 2021, for its Carrier Liaison Program on the current policy for boarding of lawful permanent residents.

The anticipated amendment to the rules regarding outsourcing in Mexico was published on April 23, 2021. The decree amends several Mexican laws, including the Federal Labor Law, Social Security Law, National Workers’ Housing Fund Law, Tax Code, Income Tax Law and Value Added Tax Law.

On April 7, 2021, the U.S. Department of Labor issued guidance in the form of Frequently Asked Questions and model notices to help employers comply with the federal COBRA premium subsidy assistance requirements under the American Rescue Plan Act of 2021.

New legislation introduced on March 29, 2021, by Democratic and Republican senators would provide unused employment-based immigrant visas for up to 25,000 foreign nurses and 15,000 foreign physicians and their family members.

USCIS announced that it received enough electronic registrations during the initial registration period to reach the fiscal year 2022 H-1B numerical allocations, including the advanced degree exemption (master’s cap).

The Department of Homeland Security (DHS) announced an extension until May 31, 2021, of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing COVID-19 pandemic precautions.

The Department of State issued an update on Presidential Proclamation 10052, which suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program) and L nonimmigrants.

On April 2, 2021, the Department of Labor invited interested parties to provide information on the sources of data and methodologies for determining prevailing wage levels covering employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H–1B, H–1B1 and E–3 nonimmigrant visas.

U.S. Citizenship and Immigration Services has extended flexibilities in response to the ongoing COVID-19 pandemic.

U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program (SEVP) reported a drop of 72 percent in new international student enrollment in U.S. schools in 2020 as compared to calendar year 2019.

On March 18, two bills passed in the House of Representatives with bipartisan support; American Dream and Promise and Farm Workforce Modernization Acts.

On March 19, 2021, the Department of Homeland Security (DHS) announced the withdrawal of a proposed rule, “Affidavit of Support on Behalf of Immigrants,” published on October 2, 2020.

The Alliance of Business Immigration Lawyers (ABIL) formally submitted a comment asking the Department of Homeland Security (DHS) to withdraw its final rule prioritizing wages in adjudicating H-1B applications.

Fredrikson attorneys John Pickerill and Courtney Thompson covered a lot of content in their Advertising Law Trends to Watch in 2021 presentation on April 1, 2021.

At first glance, it would seem a commercial tenant’s failure to maintain the leased premises in violation of the lease’s terms would allow the landlord to recover the costs necessary to make the repairs.

What should employers know about the American Rescue Plan?

The American Rescue Plan Act of 2021 (ARPA) passed by Congress and signed into law by President Biden on March 11, 2021, included several employee benefits updates and changes.

Beyond coronavirus-related provisions, the Consolidated Appropriations Act, which was signed into law on December 27, 2020, contains significant changes to trademark and copyright laws.

DHS rescinded regulations resulting from a final rule that was vacated by a federal district court. The Biden administration also withdrew the federal government's appeals of injunctions blocking the DHS public charge rule.

The Department issued guidance in response to President Biden's signing of two proclamations that ended travel bans on certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen.

The Department has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. The temporary expansion is effective until December 31, 2021.

The Department of State rescinded the previous national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamation (PP) 10143 related to the Schengen Area, the United Kingdom and the Republic of Ireland.

USCIS released tips to avoid common mistakes when filing an H-1B electronic registration. The agency said the top two user errors were creating the wrong type of account and entering the same beneficiary more than once.

Employees who receive the SSA TNC with a citizenship mismatch now have the option to call the Department of Homeland Security to resolve their cases instead of visiting an SSA field office.

President Biden revoked former President Trump's proclamation issued in April 2020 that banned many immigrants from entering the United States. The Department of State issued instructions on exceptions to the nonimmigrant ban.

The Department of State's Visa Bulletin for March 2021 shows a seven-month leap forward for Chinese and Indian EB-1s, with a final action date of August 1, 2020, for both countries.

USCIS announced flexibilities for certain foreign students applying for Optional Practical Training whose receipt notices for Form I-765, Application for Employment Authorization, are delayed. The flexibilities apply only to applications received from October 1, 2020, through May 1, 2021.

Starting March 1, 2021, USCIS is reverting from the 2020 revised version to the 2008 version of the naturalization civics test. There will be a transition period in which certain applicants can choose which test to take.

Among other things, DOS has extended the validity of machine-readable visa fees until September 30, 2022.