February 28, 2024 is the initial date employers may create an online USCIS account for the annual H-1B visa registration and lottery process. The initial registration allows for new beneficiary-centric, one unique registration for a foreign national employee, to be eligible for filing the H-1B visa petition. The account creation and lottery registration is critical for current employees with time limited F-1 student visa employment authorization to transition to longer term H-1B visa employment authorization.
On Wednesday, February 14, Kevin Battle and Ewelina Sawicka presented the “H-1B Visa Immigration for Talent Acquisition” webinar. In this presentation, they provide an overview of the H-1B visa and explain the registration process, recent updates to the program, benefits and risks of the H-1B, and alternative immigration options for talent acquisition if not selected in the H-1B visa lottery.
On February 12, 2024, the IRS released Rev. Proc. 2024-14 to provide the adjusted excise tax amounts under the Affordable Care Act’s Employer Shared Responsibility provisions (also known as the ACA Pay or Play Penalty) for 2025.
As we announced at the end of 2023, the Corporate Transparency Act (“CTA”) went into effect January 1, 2024. The seminal purpose of the CTA is to give the U.S. Financial Crimes Enforcement Network (“FinCen”), an arm of the U.S. Treasury Department, an additional tool to prevent money laundering, financial crimes, and related illegal activity […]
U.S. Citizenship and Immigration Services (USCIS) has announced that the FY2025 H-1B cap initial registration period will begin on March 6, 2024 at noon ET and run through noon ET on March 22, 2024. The H-1B registration period is the only time during the year that non-cap exempt employers can apply to hire potential H-1B beneficiaries. The registration fee for the FY2025 registration period will remain a nonrefundable $10 per registration. As in previous years, USCIS is expected to announce lottery results on or before March 31, 2024.
Biden Administration Proposes to Ban Federal Contractors From Requesting Job Applicants’ Compensation History
Last week the Biden administration released a proposal that would prohibit federal contractors from using a job applicant’s prior salary history when setting pay and require contractors to post expected salary ranges in their job postings. Federal contractors would also be required to provide applicants with written notice of the salary history inquiry ban and salary/benefits disclosures on either the job announcement or as part of the application process.
On January 16, 2024, the U.S. Department of Justice moved to withdraw its appeal of a recent decision of a D.C. federal district court regarding the use of prescription drug copay accumulator programs. Specifically, by not pursuing an appeal, the Biden Administration will not seek to reinstate a rule that explicitly allowed group health plans to exclude prescription drug manufacturer copay assistance from participants’ out-of-pocket maximums (a practice known as a copay accumulator program). The D.C. federal district ruling means that the 2020 Notice of Benefit and Payment Parameters rule will remain in effect until the Department of Health and Human Services issues a new rule.
Last month the U.S. Department of Labor (DOL) issued a final rule (Rule) implementing Executive Order 14055: Non-displacement of Qualified Workers Under Service Contracts.
This Rule is generally a return to the prior non-displacement rule (implemented in 2009 but revoked in 2019) with a few key differences. Most significantly, the new Rule may apply even where a contract location changes, and requires an application analysis whenever a location change is possible. The 2009 rule only made the non-displacement requirements applicable where contract performance of the same or similar services would take place in the “same location.”
U.S. Citizenship and Immigration Services (USCIS) will soon announce the initial registration period for fiscal year 2025 H-1B cap-subject petitions. This year the USCIS has proposed several changes to the registration process aimed to significantly reduce H-1B misuse and fraud and increase the likelihood of selection. Currently, the process allows for multiple registrations to be submitted on behalf of the same individuals. Under the proposed changes, each individual who has a registration submitted on their behalf would only be entered into the selection process once.
Yesterday, the U.S. Department of Labor (DOL) issued a new rule updating its test for determining whether a worker is an “independent contractor” or an “employee” for purposes of minimum wage and overtime under the Fair Labor Standards Act (FLSA).