Explore how the new USCIS visa bulletin accelerates the timeline for filing employment-based permanent residence applications and its implications on this immigration process.

Read the latest immigration compliance obligations for employers created by changes to humanitarian parole and TPS programs, including new EAD revocations and evolving reverification requirements.

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization, and gather the necessary documentation.

The Department of Homeland Security (DHS) has announced that on August 19, 2024, they will begin accepting applications for its new Parole in Place process, which is intended to promote family unity and stability.

U.S. Citizenship and Immigration Services (USCIS) has published a new FAQ to provide clarity and potentially encourage entrepreneurship among individuals with H-1B status. This FAQ contains a number of helpful updates and clarifications, including the following:

Earlier today, the Biden Administration announced a new immigration program in the United States aimed at promoting family unity.

Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts. The Commission voted in favor of the rules along party lines, 3-2. The new Rules can be found at 16 CFR Part 910.

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization and gather the necessary documentation.

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave Ordinance, and employees will begin accruing time under its requirements on January 1, 2024. We break down the new requirements in a question-and-answer format.

With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services.

Effective August 1, 2023, the United States Citizenship and Immigration Services (USCIS) introduced a new version of Form I-9, Employment Eligibility Verification. The new version contains changes to the form and instructions, reducing the length of the Form I-9 to one page and the instructions to eight pages. 

-- "How can they sue for that?"

We share news of a significant defense victory before the Illinois Supreme Court in a claim involving the Illinois Biometric Information Privacy Act (BIPA). In a case argued by Hinshaw partner John Ryan, the Supreme Court handed down the first employer-friendly decision in any BIPA case it has considered. The issue before the Court was whether "Section 301 of the Labor Management Relations Act (29 U.S.C. §185) preempt Privacy Act claims (740 ILCS 14/1) asserted by bargaining unit employees covered by a collective bargaining agreement?"

The Federal Trade Commission (FTC) promulgated proposed rules on January 5, 2023, which would ban noncompete agreements on a nationwide basis. The 60-day period for public commentary has now begun, and the proposed rules will not take effect until the final version is published, which is anticipated to take effect 180 days after the public comment period; however, it could take longer if there are legal challenges. Legal challenges are, in fact, very likely as the FTC has not traditionally been a regulator of labor and employment matters, and it is debatable whether noncompete agreements with individual employees fall under Section 45 of the FTC Act (15 U.S.C. § 45(a) giving the FTC power to bar "unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce," which the agency invokes as its authority for the new proposed rules.

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization, and gather necessary documentation.

With the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, employers should review their employee benefit plans and assess their options and obligations in offering group health plan coverage to their employees. The post-Dobbs landscape is likely to create challenges for multistate employers that provide health coverage to employees in states that have different laws regarding abortion.

USCIS has announced that they increased the automatic extension period for certain applicants to extend their employment authorization documents (EADs). The increase, which is effective immediately, allows for an automatic extension period of up to 540 days and applies to all of the categories which were previously eligible for an 180 day automatic extension of the EADs upon the timely filing of an application for an extension. Eligible categories include those with asylum applications pending, pending applications for adjustment of status, and spouses of certain H-1B nonimmigrants whose H-4 status has not yet expired. 

Today, the U.S. Senate approved an amendment to the Federal Arbitration Act (FAA), rendering unenforceable any mandatory arbitration provision as applied to a dispute involving sexual assault or sexual harassment claims. The Amendment will also make unenforceable any pre-dispute joint-action waivers which prevent individuals from participating in a joint, class, or collective action in a judicial proceeding. The bill previously was passed by the U.S. House of Representatives and is awaiting signature by President Joe Biden, who is expected to sign it.

Yesterday, the Illinois Supreme Court held that the Illinois Workers' Compensation Act's exclusive remedy provisions do not bar employees from filing lawsuits in civil court against their employers for alleged violations of the Biometric Information Privacy Act (BIPA), when no other injury is alleged. McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511. 

On January 13, 2021, the U.S. Supreme Court (the court), in a per curiam decision, stayed enforcement of the COVID-19 Vaccination and Testing Emergency Temporary Standard (the ETS) by the Occupational Safety and Health Administration (OSHA). The Sixth Circuit Court of Appeals now will determine the merits of the challenges to the ETS. The ETS, which would affect roughly 84 million workers, generally mandated that employers with at least 100 employees require their employees to be fully vaccinated or submit to weekly testing and masking in the workplace.