Legal Updates Archive

This article addresses frequently asked questions and guidance regarding hold harmless agreements, lender fees and other updates contained in the reforms.

The business of operating a bank has long since expanded beyond serving customers and managing a balance sheet. These days, bank management spends considerable time overseeing and negotiating with key vendors – a dance that has only become more complicated in recent years. In this upcoming article series, we will provide insights regarding third-party risk management throughout the lifecycle of a bank’s relationships with its critical vendors.

In fall 2020, the Department of Justice’s Antitrust Division issued a press release providing background and seeking public comment on a potential update to the Division’s 1995 Bank Merger Competitive Review Guidelines.

Most lenders are familiar with creating and perfecting security interests in personal property. However, when lending to farmers, there are a few additional issues.

On February 22, 2021, Representative Steve Elkins introduced a major new privacy bill (HF 1492) in the Minnesota House of Representatives containing significant privacy obligations for businesses to which it applies.

Biden administration announces several PPP reforms to support the smallest businesses.

Minnesotans whose “home state” is here and who purchase “nonadmitted insurance” directly from insurers not licensed to sell insurance in Minnesota are required to file Form IG255 annually with the Department of Revenue.

The South Dakota Supreme Court recently issued an opinion that substantially clarifies what constitutes a disqualifying conflict of interest under South Dakota law in the context of local zoning.

The wage-based selection process is delayed to December 31, 2021, meaning that it will not be in effect for the upcoming H-1B cap filing season this March.

The initial registration period for FY 2022 H-1B cap-subject petitions opens at noon ET on March 9, 2021, and runs through noon ET on March 25, 2021.

The Department of Labor's Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States."

USCIS said its officers should not apply the rescinded memo "to any pending or new requests for H-1B classification, including motions on and appeals of revocations and denials of H-1B classification," and that further guidance is forthcoming.

Alejandro Mayorkas has become the first immigrant and first Latino to serve as Secretary of Homeland Security.

President Biden recently signed several immigration-related executive orders.

USCIS will continue to abide by previous filing fee amounts because of two preliminary injunctions.

The Department of State's Visa Bulletin for February 2021 included information on potential monthly movement for employment-based green card categories through May.

The order means that both the 12-month OPT and STEM OPT extension programs are lawful.

USCIS is extending the flexibilities it initially announced on March 30, 2020, to assist applicants, petitioners and requestors responding to certain agency requests.

The Biden administration withdrew a proposed rule to rescind the H-4 employment authorization document program from review by the Office of Management and Budget.

ICE announced an extension of flexibilities in rules related to employment eligibility verification compliance due to continued precautions related to the COVID-19 pandemic. The policy is extended until March 31, 2021.

The agency determined that the Student and Exchange Visitor Program already addressed many of the same responsibilities.

President Biden signed a proclamation continuing the suspension of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China and Iran, and expanding restrictions to include travelers from South Africa.

The Department of State will undertake a review to ensure that those whose immigrant visa applications were denied because of Trump administration proclamations may have their applications reconsidered.

Among other things, the order requires a negative COVID-19 test within 72 hours before boarding a flight to the United States for most travelers.

USCIS has just announced that the initial registration period for the Cap Subject FY 2022 H-1B Visas will open at noon ET on March 9, 2021, and run through noon ET on March 25, 2021. Representatives and registrants must wait until March 9 to create and submit H-1B registrations.

As the COVID-19 pandemic rages on, employers are forced to cope with established employee privacy laws in novel contexts. This article outlines some of the difficult employee privacy questions law firms and other legal employers may be facing.

Robinhood Markets, Inc., owner of the now infamous Robinhood stock-trading app, has been sued in a federal class action lawsuit for alleged disability discrimination.

A recent Wisconsin Court of Appeals’ decision illustrates the importance of specificity when drafting restrictive covenants.

Of particular note for the energy industry, the Corps reissued and modified NWP 51 (land-based renewable energy generation facilities) and has split NWP 12 into separate permits.

A spokesperson for the Student and Exchange Visitor Program (SEVP) announced that spring 2021 guidance related to the COVID-19 pandemic for international students in programs in “hybrid” or online modes will remain the same as before.

On January 8, 2021, a new rule was published by the Department of Homeland Security which significantly impacts the H-1B visa lottery process.

President Trump signed a proclamation extending earlier proclamations suspending the entry of certain immigrant and nonimmigrant visa applicants.

The Department of State temporarily enabled consular officers to waive in-person interview requirements for nonimmigrant visas in the same classification.

On December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021, which extends several expiring immigration programs.

U.S. Immigration and Customs Enforcement announced an additional 30-day extension to January 31, 2021, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to the COVID-19 pandemic.

On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order enjoining DOL from implementing a final rule on AEWR methodology for the temporary employment of H-2A nonimmigrants in non-range occupations.

On December 22, 2020, U.S. Customs and Border Protection issued two notices extending temporary travel restrictions related to the COVID-19 pandemic and applicable to land ports of entry and ferry service between the United States and Canada, and between the United States and Mexico.

The Ninth Circuit ruled that U.S. Citizenship and Immigration Services’ denial of a visa for a computer programmer on the basis that it was not a “specialty occupation” was arbitrary and capricious, and the Circuit remanded the case.

U.S. Citizenship and Immigration Services announced that its lockbox facilities “have received a significant increase in filings in recent weeks.”

The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to “lessen the costs of America’s outdated immigration laws.”

As a result of litigation challenging USCIS’s blank-space rejection policy, where the agency rejected applications because of blank spaces, USCIS agreed to pause implementation of the rejection policy starting December 24, 2020.

Following litigation related to Deferred Action for Childhood Arrivals that resulted in a U.S. district court order issued December 4, 2020, U.S. Citizenship and Immigration Services released guidance effective December 7, 2020.

DHS is automatically extending the validity of temporary protected status-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal for nine months from the current expiration date of January 4, 2021, through October 4, 2021.

Late December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 containing additional COVID-19 relief for taxpayers and a provision that allows employers to amend their health and dependent care flexible spending account plans.

A U.S. district court vacated a memorandum issued by Chad Wolf, which made certain changes to the DACA program, and ordered DHS to reopen the program to new applications.

A U.S. district court vacated two interim final rules promulgated by DOL and DHS that made important changes to the H-1B program.

On December 2, 2020, the U.S. Senate passed its version of H.R. 1044, the "Fairness for High-Skilled Immigrants Act of 2020."

A DOS spokesperson said that no current visas would be revoked as a result of the policy changes.

USCIS announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists and immigrants who have exceptional ability.