11/14/2013 - A Cautionary Tale: Use of B-1 Business Visitor Visas by Employees
The B-1 temporary visa category is intended to allow foreign nationals to visit the U.S. for temporary business purposes that do not rise to the level of gainful employment. Given the relative ease of obtaining a B-1 visa compared to other visa categories, some U.S. employers have encouraged or assisted foreign nationals in using the B-1 visa category for activities beyond its intended purpose.
05/01/2013 - Pre-Hire Issues: A First Date From the Perspective of an Employer
When seeking to hire qualified employees, employers must avoid numerous legal complications that pervade the hiring landscape.
04/09/2013 - Immigration Law Update for Employers: New I-9 Form and I-94 Entry Procedures
Haynes and Boone, LLP’s Immigration Practice Group would like to inform employers of two recent immigration changes: (1)a revised Form I-9 for Employment Eligibility Verification by employers; and (2)a new Form I-94 Arrival/Departure Record procedure for foreign nationals upon entry to the United States.
02/06/2013 - H-1Bs for the 2014 Fiscal Year: Time is of the Essence
Haynes and Boone, LLP’s Immigration Practice Group reminds employers with a need for Cap-Subject H-1B petitions - those petitions that are subject to the annual numerical limit - that the filing window for Fiscal Year 2014 is about to open.
10/17/2012 - Play it Again, Sam: Renewal of E-Verify and the EB-5 Regional Center Program
With election fever in full swing, you might expect governing to take a back seat to politics. However, on September 28, 2012, President Obama signed Senate Bill 3245 into law. Senate Bill 3245 renews four U.S. Department of Homeland Security-administered programs, including E-Verify and the EB-5 Regional Center program.
02/27/2012 - H-1Bs for the 2013 Fiscal Year: "It’s the Most Wonderful Time of the Year"
Haynes and Boone, LLP’s Immigration Practice Group reminds employers with a need for H-1B petitions that are subject to the annual numerical limit (“Cap-Subject”) that the filing window for Fiscal Year 2013 (October 1, 2012 – September 30, 2013) is about to open.
11/29/2011 - Employee Benefit Plan Review Guest Article: Noncompete Agreements in the Employment Context
Here we go again! For the third time in less than six years, the Texas Supreme Court has repudiated technical legal niceties and has adopted broad proemployer principles to support the enforcement of noncompetition agreements in Texas.
11/07/2011 - H-1Bs for the 2012 Fiscal Year: Tick-Tock, Time is Running Out
Haynes and Boone, LLP’s Immigration Practice Group reminds employers with a need for H-1B petitions that are subject to the annual numerical limit (“Cap-Subject”) that the annual cap for Financial Year 2012 is almost exhausted.
08/15/2011 - Emerging from the Marsh: The Texas Supreme Court Clarifies and Solidifies the Enforcement of Non-Compete Agreements in the Employment Context
Here we go again! For the third time in less than six years, the Texas Supreme Court has repudiated technical legal niceties and has adopted broad pro-employer principles to support the enforcement of non-competition agreements in Texas. Marsh USA, Inc. v. Cook
, 54 Tex. Sup. Ct. J. 1234 (Tex. 2011).
02/17/2011 - Eligible Employees Get Carded by USCIS
Citing security and durability, USCIS announced last week that it is issuing combined employment and travel authorization on one card.
01/11/2011 - The DNA of GINA: The EEOC Issues Final Regulations Effective January 10, 2011
On November 9, 2010, the Equal Employment Opportunity Commission (“EEOC”) issued its much-anticipated final rule implementing Title II of the Genetic Information Nondiscrimination Act (“GINA”), which applies to all employers covered by Title VII of the Civil Rights Act of 1964 (“Title VII”), namely, employers with fifteen or more employees, as well as unions, employment agencies and labor management training programs.
12/03/2010 - Update on the DREAM Act Proposal
A new version of the “Development, Relief and Education for Alien Minors Act,” or DREAM Act, was filed on November 30, 2010. The DREAM Act was introduced for the first time in 2001, and has undergone many changes since its inception. The essential premise of the bill is to provide a path to lawful permanent residency for individuals who entered the U.S. as minors and do not have legal status. The current version may come up for a vote on Monday, December 6 at the earliest.
11/18/2010 - U.S. Embassy in London Contemplates Broadening of Visa Reissuance Program
Signaling a possible further relaxation of the strict in-person non-immigrant visa interview requirements, the U.S. Embassy in London has indicated that beginning in December the Visa Reissuance Program may be extended to include key business categories such as “H” and “L” and exchange visitors/students under “J” and “F.”
11/09/2010 - PERM Labor Certification - Not Open to Interpretation
Underscoring that PERM (Program Electronic Review Management) is a system of bright-line rules that leave little, if any, opportunity to correct errors once an application is filed, the Department of Labor (DOL) held on October 27, 2010 that the failure to include the business name on the Notice of Filing (Notice) is fatal to the entire PERM labor certification application.
11/03/2010 - Reminder: USCIS Filing Fee Changes Begin November 23, 2010
The new filing fees announced by the United States Citizenship and Immigration Service (USCIS) earlier this year will go into effect on November 23, 2010. Anticipating these changes, which include fee increases and reductions, is important not only to budget planning for sponsors but also for ensuring that your petition is not rejected by the USCIS mailroom as “improperly filed.”
06/14/2010 - Fowler, Chatterton and McElroy Guest Column in Law360: Health Care Reform 101: For Employers
On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years.
04/22/2010 - Employers Beware: How the Recent Health Care Reform Legislation Affects Employers
On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), which President Obama signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years.