On January 8, 2021, USCIS published a final rule (the “Rule“) creating a wage-based selection process for new cap-subject H-1B petitions titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions which is scheduled to take effect on March 9, 2021, before this year’s H-1B lottery. The Rule gives priority to the petitions offering Read More »
The U.S. District Court in California has set aside the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, significantly increasing the prevailing wages to be paid to certain temporary and permanent foreign workers (“DOL Rule”) and the DHS interim final rule, Strengthening the H-1B Nonimmigrant Read More »
On October 8, 2020, the Department of Labor ("DOL") and Department of Homeland Security ("DHS") published new rules that will have a considerable impact on the H-1B visa program. The DOL rule substantially modifies and increases prevailing wages payable to foreign workers and limits the H-1B program to the most highly paid professionals, regardless of Read More »
Following New York's enactment of temporary COVID-19 emergency paid sick leave benefits in March, New York enacted permanent paid sick leave legislation on April 3, 2020. Governor Cuomo signed the State Budget (Senate Bill S7506B) into law, which includes a provision that amends the New York Labor Law to require employers to provide paid sick Read More »
On August 4, 2020, the Small Business Administration (SBA) released responses to Frequently Asked Questions ("FAQs") regarding the application for forgiveness of the Paycheck Protection Program ("PPP") Loan. The FAQs are available here. The questions and responses range from questions regarding the type of forgiveness application used by sole proprietors who have no employees (Answer - Read More »
On July 17, 2020, the Federal Reserve Board announced two loan options under the Main Street Lending Program for nonprofit organizations such as educational institutions, hospitals, and social service organizations. Prior to applying for a loan under the Program, nonprofit organizations should review existing loan agreements to make sure incurring new indebtedness or unsubordinated indebtedness Read More »
UPDATE! The Federal government has agreed to rescind its new policy directive preventing full online instruction in the US for International students settling a lawsuit filed by Harvard University and the Massachusetts Institute of Technology in Boston federal court. Thus, foreign students are now permitted to lawfully remain in the United States even if their schools Read More »
On June 11, June 12, June 17, and June 19, 2020, the Small Business Administration issued a series of revisions to the Interim Final Rules associated with the Paycheck Protection Program ("PPP"). These revisions are consistent with the Paycheck Protection Program Flexibility Act, which was signed into law on June 5, 2020 and which modified Read More »
A Presidential Proclamation was issued June 22, 2020, that extends the suspension on some immigrant visa entries and also suspends new entries for some individuals seeking L-1, H-1B, H-2B, or J-1 nonimmigrant work visas. The proclamation goes into effect at midnight (Eastern Time) on June 24, 2020 and will last through December 31, 2020. The effect Read More »
On May 17, 2020, the New York State Department of Health and New York State Department of Labor jointly issued guidance (the "Guidance") addressing health care employee eligibility to take leave under New York's COVID-19 Sick Leave Law. As we described in a previous alert, (https://bhlawpllc.com/publication/new-york-state-paid-sick-leave-and-covid-19/), New York State enacted this legislation in March 2020, Read More »