FY2025 H-1B Cap Season Begins March 6, 2024

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.

Biden Administration Drops Appeal of Prescription Drug Copay Accumulator Program Lawsuit

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.

A Valentine’s Gift from the DOL: Non-Displacement of Qualified Workers Under Service Contracts

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.”

H-1B Visa Webinar and Reminder Lottery Registration to Begin in March

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.

U.S. Department of Labor Finalizes Regulation Tightening Rules on Independent Contractors

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).

The Department of State is Set to Begin Pilot Program for Stateside H-1B Visa Renewals This Month

Beginning January 29, 2024 to April 1, 2024, the Department of State (DOS) will accept applications for domestic visa stamp renewals for qualified H-1B nonimmigrant visa applicants under a pilot program. The goal of this program is to test whether the DOS has the ability to resume domestic visa stamp renewals to reduce worldwide visa wait times. Currently, a visa stamp can only be issued at a consulate abroad, thus the Pilot Program offers a substantial benefit to those wishing to secure the visa stamp before international travel. Eligibility for the pilot program will only be limited to applicants who were previously issued H-1B visas at the consulates in Canada (with an issuance date of January 1, 2020, through April 1, 2023) or the consulates in India (with an issuance date of February 1, 2021, through September 30, 2021). Additional requirements apply, which are discussed in the following article.

Michigan Supreme Court Hears Arguments on “Adopt and Amend.” Court’s Decision Will Have Implications for Michigan’s Minimum Wage and Paid Medical Leave Act

Today, the Michigan Supreme Court heard oral arguments in Mothering Justice v. Attorney General, and will ultimately determine whether the 2018 Michigan Legislature’s use of the “adopt-and-amend” strategy related to two ballot initiatives violates the Michigan Constitution. The Court’s ruling will impact two laws: the current minimum wage (called the Improved Workforce Opportunity Act) and the current Paid Medical Leave Act. The Court could decide to reinstate the versions of those laws originally proposed by the ballot initiatives in 2018, which would have a significant impact on all employers in Michigan.

Michigan’s Whistleblower Protection Act: Clarity Remains Elusive

The Michigan Supreme Court issued an Order in a long-running case involving the application of Michigan’s Whistleblower Protection Act (WPA) to an employee’s communication of information to her own private attorney. The Court’s Order leaves significant legal issues unresolved and employers (as well as attorneys in private practice) with a lack of guidance on the WPA’s application.

New Year to Bring Dramatic New Beneficial Ownership Reporting Obligations for Millions of Companies

A major change in federal law will impact tens of millions of existing and new entities starting on January 1, 2024.  This new law is called the Corporate Transparency Act (or “CTA”) and will implement a broad regime of disclosure and transparency designed to reveal entity owners and non-owners who have a certain degree of […]