As of 1 June 2019, with the introduction of a new DS-160 Form, some of this information will be collected from all visa applicants – affecting approximately 15 million foreign nationals planning to come to the U.S.
President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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The US Congress has concerns about fraud and abuse of the so-called “golden visa” EB-5 green card program. Amendments to the regulations are expected soon just as Europe investigates its own “golden visa” programs
Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year
Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing of their personal information. Meanwhile, organizations’ growing appetite for more data, and more types of data, persists, despite mounting security risks and concerns about permissible use. The recently enacted California Consumer Privacy Act (CCPA) is intended to address some of these risks and concerns
The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014 Board decision. SuperShuttle DFW, Inc., 367 NLRB No. 75 (Jan. 25, 2019)
In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15, 2019)
The new Department of Homeland Security (DHS) proposal to update the H-1B process includes some efficiencies but will also change the current random selection lottery process. If the new selection process becomes effective in 2019 it will favor U.S. advanced-degree holders and make it more difficult for companies to obtain one of the limited number of H-1B visas for those holding non-U.S. advanced degrees.
The Wage and Hour Division (WHD) of the Department of Labor (DOL) has reissued a 2009 opinion letter (PDF), effectively withdrawing enforcement guidance that made the tip credit under the Fair Labor Standards Act (FLSA) unavailable for tipped employees who spend more than 20% of their time performing allegedly non-tip-generating duties.