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On Tuesday, December 1, 2020, the U.S. District Court for the Northern District of California issued a decision setting aside the recently promulgated U.S. Department of Labor (DOL) prevailing wage rule that went into effect on October 8 without notice and the U.S. Department of Homeland Security (DHS) rule redefining “specialty occupation” for purposes of qualifying under the U.S. […]

Foster first reported in March of 2020 that the Department of Homeland Security (DHS) was providing flexibility to employers in completing the Form I-9, allowing employee documents presented in connection with the Form I-9 review process to be examined remotely (e.g., via video link, fax, or e-mail, etc.) rather than in the employee’s physical presence. This was permitted under certain circumstances for employers […]

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published in the Federal Register a proposed rule that would prioritize allocation of H-1B visas under the next Fiscal Year H-1B Quota based on the wage level of the offered position. The stated goal of the regulation is to fulfill President Trump’s order for DHS to take action to […]

Foster first reported in March of 2020 that the Department of Homeland Security (DHS) was providing flexibility to employers in completing the Form I-9, allowing employee documents presented in connection with the Form I-9 review process to be examined remotely (e.g. via video link, fax, or e-mail, etc.) rather than in the employee’s physical presence under certain circumstances for employers with employees taking […]