Last month, President Joe Biden (“President Biden”) concluded his first 100 days as President of the United States – focusing on a myriad of issues ranging from the coronavirus pandemic (“COVID-19”) to the US immigration system. As immigration matters remained at the forefront under the previous administration, the U.S. immigration system continues to be an urgent matter for the Biden administration. President Biden has taken various actions and positions on key immigration issues, many of which could have a significant impact on businesses that regularly employ foreign nationals.
The Department of Labor has withdrawn a Trump-era recommendation to change the “economic realities test” to determine whether a worker was an employee or an independent contractor.
The US Department of Labor is considering changes to the “advice exemption” under the Labor Management Reporting Disclosure Act that would have a significant impact on advice received from lawyers and make organizing campaigns more difficult for employers.
On March 30, 2021, USCIS announced the completion of the initial FY2022 H-1B Cap-Subject lottery selection process. As of April 1, those selected were eligible to start filing. But what if your employee has not been selected? Even without H-1B screening, there are still many options available for companies to continue to employ valuable foreign workers.
Lawyer Burr & Forman Brooke watson provided an overview of best practices for employers to minimize risk when leaving an employee in an article published by Alabama Business April 16, 2021.
Travel from India was severely restricted by the Presidential Proclamation that came into effect on Tuesday, May 4, 2021. If you have business or personal contact with current or future plans for travel between India and the United States, a review of the proclamation and listed exceptions is essential prior to travel.
In one Day-to-day HR advisor article titled “DOL’s Rule Delay Called Good News for Employers of Foreign Workers”, Burr & Forman lawyer Jonathan eggert discusses how he expects the rule to affect employers.[View source.]