Legal Blogs and Updates

Posts in Labor and Employment.
OFLC Announces New Form ETA-9141, Application for Prevailing Wage Determination, for Use Beginning May 3, 2021

The Office of Management and Budget approved the Office of Foreign Labor Certification’s (OFLC) revisions to the Form ETA-9141, corresponding appendix, and instructions. The revisions will better align information collection requirements with the Department’s regulations ...

The Department of Labor Publishes a Request for Information Inviting Interested Parties to Provide Information on Sources of Data and Methodologies for Determining Prevailing Wage Levels in the H-1B, H-1B1, E-3, and PERM Programs

The Department of Labor (Department) is seeking information on the best available sources of data and methodologies that can be used in computing different levels of wages based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics ...

USCIS Confirms Elimination of “Blank Space” Criteria

USCIS confirmed that it will no longer reject Form I-589, Form I-612, or Form I-918 if an applicant leaves a blank space. USCIS stated that it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses for all forms.

Source: U.S. Citizenship and ...

USCIS Completes Initial H-1B Electronic Registration Selection Process and Extends Grace Period for New Form I-129

On March 30, 2021, the United States Citizenship and Immigration Services (USCIS) announced it had completed the initial FY2022 H-1B Cap-Subject Registration selections. As of April 1, 2021, petitioners who were selected during the registration period will be able to file Form I-129 for ...

Highlights of the COBRA Subsidy per the American Rescue Plan Act

On March 11, 2021, the American Rescue Plan Act (ARPA) was enacted to provide additional economic support to individuals and businesses during the COVID pandemic. A key component of the ARPA is a program to fully subsidize COBRA coverage for a six-month period for any “Assistance Eligible ...

USCIS Issues Policy Guidance on P-1A Internationally Recognized Athletes - Comments Due April 26

USCIS issued guidance in the USCIS Policy Manual to update and clarify guidance for P-1A internationally recognized athletes. The update provides guidance regarding the required prospective level of performance and USCIS’s interpretation of the phrase “major United States sports ...

New Jersey Department of Health Issues Guidance for Employers on Mandating COVID Vaccination

On March 19, 2021, the New Jersey Department of Health (DOH) issued guidance for employers that want to require employees to receive the COVID-19 vaccine before returning to the workplace. In its guidance on the issue, the DOH explained that an employer can issue such a mandate ...

DOL Proposes Further Delay of Final Rule on Computation of Prevailing Wage Levels

The Department of Labor (Department) issued a Federal Register notice proposing to further delay the effective date of the Final RuleStrengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, for a period of eighteen months or ...

USCIS Notice Extending and Redesignating Syria for TPS

USCIS issues notice extending the designation of Syria for TPS for 18 months, from 3/31/21 through 9/30/22. Current beneficiaries under Syria’s TPS designation will be eligible to re-register for an extension of their status and have employment authorization through Sept. 30, 2022 ...

House passes American Dream and Promise act and Farm Workforce Modernization Act

The American Dream and Promise Act (H.R. 6) and the Farm Workforce Modernization Act, FWMA, (H.R. 1603) passed the U.S. House of Representatives with bipartisan support on Thursday, March 18. Now the Senate must act and bring these bills up for a vote.  

If enacted into law ...

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