Samantha Wolfe By Samantha Wolfe In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National Interest Waiver (NIW). In this article, we’ll explore the NIW option in detail, highlighting its benefits, eligibility criteria, and the application process. The National Interest Waiver (NIW) Option The NIW offers qualified individuals a pathway to bypass the labor certification process typically required for employment-based green cards ..read more

Ann Lee by Ann Lee The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant update regarding Form I-693, Report of Immigration Medical Examination and Vaccination Record. Effective immediately, any Form I-693 that has been properly completed and signed by a civil surgeon on or after November 1, 2023, will no longer have an expiration date. This means that such forms can now be used indefinitely as evidence to demonstrate that the applicant is not inadmissible on health-related grounds. This decision by USCIS follows careful consultation with the Centers ..read more

Dana Dobbins By Dana Dobbins Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined. What is our obligation to pay this employee during this doctor-recommended leave of absence? Answer: Depending on your policies, you may allow or require the employee to use accrued paid vacation or sick leave towards their absence. Beyond paying appropriate sick leave and perhaps applying paid vacation leave, an employer is not otherwi ..read more

Dana Dobbins By Dana Dobbins Artificial intelligence (AI) is becoming increasingly prevalent in workplaces, providing new opportunities as well as new challenges for employers and employees. While AI has the potential to improve efficiency and productivity, its use also raises important questions around issues like privacy, discrimination, and job displacement. Employers who choose to implement AI should consider including a provision in their employee handbook, or a separate policy, specifically addressing its use. Such a provision or policy can help mitigate risks, provide clarity for ..read more

Leslie Perkins by Leslie Perkins When you think of protections against discrimination in the workplace, the first things that come to mind are traditional characteristics such as race, color, religion, sex, national origin, age, and disability. However, in the coming years we could see discrimination based on weight added to that list. Current Measures Against Body Discrimination Currently, there is no federal law protecting employees from discrimination based on weight. However, one state (and a handful of cities) have implemented statutes that ban discrimination based on weight to ens ..read more

Sarah Bileti By Sarah Bileti and Samantha Wolfe As we delve into the February 2024 Visa Bulletin, it’s evident that the priority dates for employer-based immigrant petitions continue to face minimal advancement, contributing to prolonged wait times for immigrant visas throughout fiscal year 2024. Let’s examine the key highlights and implications of this latest update. Key Highlights: Samantha Wolfe Limited Movement in EB-2 and EB-3 Categories: USCIS and the State Department have reported minimal progress in the EB-2 and EB-3 categories for various regions, with exceptions ..read more

Sarah Bileti By Sarah Bileti and Samantha Wolfe United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and naturalization benefit requests. FY 2025 H-1B Cap Initial Registration Period & Online Filing Samantha Wolfe USCIS confirmed that the initial H-1B cap registration period for the FY 2025 cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.  In addition, on February 28, 2024, US ..read more

Ann Lee by Ann Lee and Samantha Wolfe On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced significant changes regarding untimely filed requests for change of status or extension of stay for nonimmigrants, particularly under exceptional circumstances. This updated guidance, effective immediately, empowers USCIS with the discretion to excuse delays in these filing processes. Understanding the Background Samantha Wolfe Nonimmigrants admitted to the United States for specific periods often seek extensions to continue activities permitted under their nonimmigrant s ..read more

Sarah Bileti By Sarah Bileti Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we move into the new year there are several issues and trends employers should be aware of. Changes to the H-1B Cap Lottery Registration System.  The H-1B visa is the most used and sought after nonimmigrant employment visa for foreign professional workers with a congressionally mandated annual quota of 65,000 and an additional 20,0 ..read more

Kody Condos by Kody Condos, Camila Moreno, and Greg Saylin On January 9, 2024, the U.S. Department of Labor (“DOL”) published its final rule defining the term “independent contractor” and setting forth the new test for determining independent contractor / employee status (the “Rule”). The DOL estimates that “there are 6.5 million small establishments or governments” relying on independent contractors that “could be affected by “ the new Rule.[1] Greg Saylin The Rule, effective March 11, 2024, differentiates an independent contractor from an employee if the worker is “as a matter of economi ..read more