News, Insights, and Strategies for Employers from Jackson Lewis
In April and June, numerous Presidential Proclamations suspended entry of thousands of legal immigrants and nonimmigrants least until December 31, 2020, using the COVID-19 pandemic as the reason. This is despite the fact that legal immigration has been proven to bring economic growth.
One proclamation affects family-based, diversity visa, and employment based “Green Card” applicants.…
On August 14, 2020, the U.S. Department of Labor Office of Inspector General (“OIG”)—the Department’s watchdog—released a report finding that the COVID-19 global pandemic has significantly increased the number of whistleblower complaints received by the Occupational Safety and Health Administration (“OSHA”). OSHA’s Whistleblower Program enforces 23 statutes that prohibit employers from retaliating against employees…
For many, the start of school looks different this year: from all virtual, to hybrid, to parent’s choice. Employers required to provide leave under the Federal Families First Coronavirus Act (“FFCRA”) may be wondering how to administer FFCRA leave under this new regime.
Not to be out-classed, the U.S. Department of Labor (“DOL”) issued new…
The Consent Order and Final Statement (Order) in Subramanya v. USCIS, the case seeking the agency’s issuance of long-delayed Employment Authorization Documents (EADs), has been signed and issued.
Under the Order, approximately 75,000 identified, delayed EADs are expected to be produced and mailed. The Order includes individuals who have EAD approval notices dated from…
Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural workers.
Under the rule:
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USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization applications but have been waiting for inordinate amounts of time for the cards themselves. Without the cards, these foreign nationals have not been able…
USCIS may be close to negotiating an agreement that would mean EADs for thousands of foreign nationals with approved applications will finally start to be produced.
Yet, first-time EAD applicants who are in H-4 or L-2 status may still face impediments. In March, when the COVID-19 crisis began and USCIS offices closed, the Application…
Under the Washington COVID-19 Food Production Workers Paid Leave Program, no food production employer in Washington may operate from August 18, 2020, to November 13, 2020, unless the employer provides its workers with paid leave for certain qualifying events.
The Program was created by Governor Jay Inslee under Proclamation 20-67.
ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 30 days, until September 19, 2020, due to continued precautions related to the COVID-19 pandemic.
Pursuant to the original guidelines for virtual verification, eligible employers may continue to inspect Section 2 documents without an actual in-person…
The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers…
