Legal Updates Archive

Two recent developments involving the Committee on Foreign Investment in the United States continue CFIUS’s trend of more active review and intervention in transactions that it deems detrimental to the national security of the United States.

Disputes regarding failures to disclose material facts are common in residential real estate transactions. A 1991 New York case dealt with the much less common issue of whether a home seller is required to disclose the presence of paranormal activity.

The United States Department of Commerce has recently issued new regulations that are already having a global impact on companies involved with advanced semiconductor chips. The new regulations seek to limit China’s access to these chips by restricting the ability of international companies and U.S. nationals to provide goods and services related to the design, fabrication and access to advanced semiconductor chips as well as computers and assemblies containing such chips.

Recently, we have seen several instances of Iowa manufactured home community (MHC) owner-operators (landlords) not fully complying with the laws regarding statutorily required notices and reports that landlords must provide to their local county treasurers. This article sets forth all such required notices and reports. It is important that both MHC owners and their community managers are fully aware of and comply with these laws, particularly considering that landlords can be fined for noncompliance with such laws.

The Internal Revenue Service has announced the 2023 cost-of-living adjustments (COLAs) for benefit plans. All limits have increased.

For office actions issued on or after December 3, 2022, by the USPTO during the examination of a trademark application, an applicant will have three months to file a response instead of the current six-month period but will have an option to file a single request for a three-month extension to the response deadline upon payment of a $125 fee.

USCIS released updated fiscal year 2023 frequently asked questions on employment-based adjustment of status.

USCIS announced on September 15, 2022, that it is implementing the next phase of the premium processing expansion for certain petitioners.

Effective September 26, 2022, USCIS is automatically extending the validity of permanent resident cards to 24 months for lawful permanent residents who file Form I-90.

The Department of State's Visa Bulletin for October 2022, the first month of the new fiscal year, includes several updates.

DHS is amending its regulations, effective December 23, 2022, regarding whether noncitizens are inadmissible to the United States.

DHS plans to provide employment authorization for certain individuals covered by Liberian Deferred Enforced Departure.

DHS is extending temporary protected status for Myanmar, formerly Burma, for an additional 18 months due to a military coup in 2021.

DHS has taken several actions to provide relief for Venezuelans in the United States.

On September 1, 2022, the Security Assessment Measures for Outbound Data Transfers made by the Cyberspace Administration of China came into effect. The Measures supplement the provisions on data security assessments as set forth in the Personal Information Protection Law and other relevant laws.

USCIS announced that it has reached the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2023.

The Department of State’s Visa Bulletin for September notes a steady increase in both U.S. Citizenship and Immigration Services and Department of State demand patterns for employment-based visas during the fiscal year.

According to reports, visa delays, backlogs and unprecedented wait times at U.S. embassies and consulates are causing disruptions for workers and companies, particularly those employing workers in temporary statuses who need to renew their visas outside the U.S.

On August 16, 2022, U.S. Citizenship and Immigration Services issued a policy alert to clarify how the agency determines eligibility for L-1 nonimmigrants seeking classification as managers or executives (L-1A) and specialized knowledge workers (L-1B).

The Department of Homeland Security has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under the “Uniting for Ukraine” program.

On August 8, 2022, the Departments of Homeland Security and Labor published their semiannual regulatory agendas, which summarize projected and existing regulations.

The Department of Labor's Office of Foreign Labor Certification has released public disclosure data and selected program statistics for Q3 of fiscal year 2022 and H-2B Foreign Labor Recruiter List for Q3 of FY 2022.

The Department of Homeland Security announced a final rule to "preserve and fortify" the Deferred Action for Childhood Arrivals policy for certain eligible noncitizens who arrived in the United States as children.

The Executive Office for Immigration Review announced that it has recently been notified of phone calls that spoof the Arlington Immigration Court as part of a misinformation campaign.

With employees changing jobs in record numbers, it is now more important than ever for banks to ensure their information, property, and customers remain with them when an employee leaves.

The term “sandbagging” carries many meanings. Bankers facing an upcoming acquisition, no matter whether they are acquiring or divesting, are likely to hear the term.

In early May 2022, the Consumer Financial Protection Bureau entered into a consent order with Bank of America, N.A. regarding BoA’s garnishment practices.

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption.

On July 1, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it has rescinded its designation of the Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C-2 as an Adopted Decision and updated its interpretation of the effects of authorized travel by temporary protected status (TPS) beneficiaries.

E-Verify announced that as of July 15, 2022, employees whose E‑Verify cases are referred to the Social Security Administration (SSA) have the normal eight federal working days to contact their local SSA office to begin resolving the mismatch.

The Department of Homeland Security (DHS) has extended Venezuela’s temporary protected status (TPS) designation for 18 months, effective September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension. 

U.S. Citizenship and Immigration Services (USCIS) updated guidance regarding Afghan and Iraqi nationals seeking special immigrant classification.

The Department of Homeland Security (DHS) announced several measures to provide relief to Syrians in the United States.

U.S. Citizenship and Immigration Services (USCIS) announced that beginning September 1, 2022, it will no longer accept a single, combined fee payment when an applicant or petitioner files EB-5 immigrant investor applications or petitions with related forms. 

U.S. Citizenship and Immigration Services (USCIS) has published new guidance on Form I-9, Employment Authorization Verification, related to employees with E and L nonimmigrant status in its Handbook for Employers (M-274, Section 6.9, Other Temporary Workers).

On July 15, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

U.S. Citizenship and Immigration Services (USCIS) reminded employers that the Department of Homeland Security (DHS) ended the temporary flexibility related to accepting expired List B documents for Form I-9 employment eligibility verification purposes.

U.S. Citizenship and Immigration Services (USCIS) is extending certain COVID-19-related flexibilities through October 23, 2022. 

DHS and DOL announced a temporary final rule making available an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022.

The Department of Homeland Security has provided information on how to register for temporary protected status (TPS) under Afghanistan’s 18-month designation.

The Department of State’s Visa Bulletin for June 2022 includes three important pieces of information.

U.S. Citizenship and Immigration Services (USCIS) issued a correction on May 10, 2022, to its notice on the extension and redesignation of South Sudan for temporary protected status (TPS), which was published on March 3, 2022.

U.S. Citizenship and Immigration Services released two new forms under the EB-5 Reform and Integrity Act of 2022.

ICE released guidance regarding distance learning to all Student and Exchange Visitor Information System users to clarify that its March 2020 guidance continues for the 2022-23 academic year only for nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and have continuously complied with the terms of their nonimmigrant status. Students who enrolled after March 9, 2020, must adhere to the Student and Exchange Visitor Program’s existing regulations regarding online learning.

A group of investment and capital firms filed a lawsuit on May 24, 2022, against the Department of Homeland Security, arguing that when U.S. Citizenship and Immigration Services decertified existing EB-5 regional centers, it violated the Administrative Procedure Act and misinterpreted the EB-5 Reform and Integrity Act of 2022, which was signed into law following a lapse in authorization for the EB-5 Regional Center Program.

U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

A temporary final rule issued by the Department of Labor on May 18, 2022, included additional recruitment requirements for certain employers.

The Department of Labor’s Wage and Hour Division (WHD) released a bulletin to the field regarding employment of H-2B workers in unapproved job classification.

U.S. Citizenship and Immigration Services announced on May 31, 2022, that it has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only, under the recently announced H-2B supplemental cap temporary final rule, which increased by up to 35,000 the cap for additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022.

Effective July 1, 2022, Iowa added an alternative project delivery method to the options available to Iowa public entities–construction manager at risk, also known as CM at risk and CMAR. On July 1, SF183, an Act relating to a construction manager-at-risk commercial constructions alternative delivery method and prohibiting certain other alternative delivery methods in the public sector, became effective. This is a significant change to Iowa law. It is a welcome change for some, but not others, in the construction and design industries.