Immigration & Business
Articles
Our experience
Whether A Placement Worker Can Obtain a L1-A Visa Or a EB-1C Green Card If The Employee Is Placed At The End-Client For Work
This memorandum explores the practical question of whether a placement worker can obtain an L1-A visa or EB-1C green card by working for an end client that does business in both the United States and abroad.[1] In today’s complex labor economy, placement firms, contractors, and end-clients must navigate the minefield
Significant Implications for Staffing Agencies, Employers Under NJ Temporary Workers’ Bill of Rights
On February 6, 2023, New Jersey Governor Phil Murphy signed the Assembly Bill 1474, more publicly known as the Temporary Workers’ Bill of Rights Act. The Act provides two purposes: 1) progressive and significant protections for certain groups of temporary workers in New Jersey; and 2) establishes sweeping new requirements
FY 2024 H-1B Lottery Season is Underway: Plan Ahead!
The purpose of this article is to educate those impacted by H-1B status, including both employers and employees, and how to plan for the H-1B registration process for this year. Background For each fiscal year, Congress set a regular annual quota of 65,000 H-1B visas slots. 6,800 of those visas
Work From Home is Here to Stay: What H-1B Holders Should Know
Recently, Bloomberg reported that remote work is more popular than ever. Employees with H-1B visas have been navigating the potential hazards of remote work for two years. Many of the Covid-19 policies remain in place, although set to expire. Some like the I-9 compliance flexibilities, may become permanent as DHS
Employers Beware! New Jersey Supreme Court narrows definition of who are independent contractors
For New Jersey employers who hire independent contractors, properly documenting worker classification through every step of the employment process continues to be important. Failure to document and satisfy New Jersey Unemployment Compensation and Wage and Hour classification requirements can result in hefty penalties. The state has made it clear that
The Future of Non-Compete Agreements in New York and New Jersey
New York and New Jersey may be joining the growing list of states that seek limit enforcement of restrictive covenants in employment contracts. Restrictive covenants, in the context of employment agreements, are provisions that prohibit employees from engaging in certain activities post-employment. Non-compete agreements restrict employees from working for a
Significant Increase in Immigration Delay Litigation. What’s Driving it?
Delays in processing visas and status adjustments leave many in limbo for months or years. Without an idea of when applications will be processed and with long wait times, individuals and families are not able to plan for the future. Hardship caused by delays can come in many forms. Some
Looking Ahead: Potential Changes to New York Employment Law
With the proliferation of new employment laws in New York it can be challenging for employers and employees to stay on top of the changes, know what is required of them, and know their rights. While adjusting to comply with current laws, it’s also a good idea to keep one
Right to Privacy in the Workplace? Nope! But New York Now Requires All Private Employers Provide Notice of Electronic Communications Monitoring
Hey employers! It’s time to update those handbooks (again). Updated New York Employment Privacy Laws went into effect this spring. Have you updated your employment handbook or other onboarding documents yet? Employers may have several legitimate reasons why they wish to monitor or surveil employees’ electronic communications. Employers looking to
Major Tech Companies, AILA and Affinity Bar Associations call on DHS and Congress to Create Pathways to Permanent Residency for Children of Employment-based Visa Holders
Last month a number of major tech companies joined forces to urge the Department of Homeland Security to address the growing number of children of employment-based visas facing deportation as they reach the age of twenty-one and no longer qualify as dependents. In a letter to DHS Secretary, Alejandro Mayorkas,
