America’s immigration system is based on a quota system. This means that there is a limited number of permanent resident visas available each year, with limits per category and per country. This article will focus on the employment-based categories only.
Posted September 9, 2020
Duty of Care for Non-Academic, Student Disciplinary Matters at Private Colleges & Universities Reversed by Eighth Circuit
Recently, the US Court of Appeals for the Eighth Circuit issued a favorable decision to NJL’s client, the University of St. Thomas, that has broad application to all private colleges and universities in the state of Minnesota. Not only did the Court affirm the District Court decision in favor of St. Thomas, but it also eliminated a new and problematic duty of care created by the District Court that would have applied to student discipline for non-academic misconduct.
The Emergency Stopgap USCIS Stabilization Act and What USCIS Furloughs Could Mean for U.S. Businesses
On Saturday, August 22, 2020, the House of Representatives passed H.R. 8089, the Emergency Stopgap USCIS Stabilization Act, in an attempt to forestall the impending U.S. Citizenship & Immigration Services (USCIS) furlough of about 13,400 employees that is slated for August 30, 2020. The bill will now go before the Senate, where its sponsor and co-sponsors hope for a quick passage soon.
Posted August 20, 2020 with Tags Immigration Law
As a result of delays in the issuance of Employment Authorization Documents (or EAD cards), the agency announced that employees may use—and employers must accept—form I-797 Notice of Action that indicates the approval of Form I-765 (Application for Employment Authorization Document) in lieu of the actual EAD card, provided that the I-797 is dated between December 1, 2019, and August 20, 2020.
Posted August 5, 2020 with Tags Immigration Law
The new DHS fee rule, which goes into effect on October 2, 2020, the U.S. Citizenship and Immigration Services will change the filing fees for the vast majority of employment-based petitions and applications filed with that agency.
The Minnesota Supreme Court concluded that an unpaid student intern working at a local nonprofit was entitled to the same protection against discrimination found in the Minnesota Human Rights Act as paid employees.
Posted August 3, 2020 with Tags Health Care
The Minnesota Supreme Court issued an opinion* that reverses the long-held common-law understanding in Minnesota that hospitals are not liable for the actions of their physician independent contractors.
While the ordinance does not directly affect the increasingly complicated and ever-changing analysis of when an individual is properly utilized as an independent contractor (as opposed to being treated like an employee), Minneapolis businesses should be cautious when preparing the written agreement required under the ordinance.
Youth sports organizations are often run by people who are volunteers. Sometimes one volunteer within the group opens a bank account in the name of the sports organization, so fees can be deposited and expenses paid. Many times, a member of the group will suggest that the organization should formalize itself and set up a 501(c)(3) or an LLC to run the programs. What do these terms mean and when would it benefit a youth sports organization to formally organize as a 501(c)(3) or an LLC? Heidi Christianson explains.
The current administration has sought to expand the types of benefits that would give cause to believe that an individual is primarily dependent on the government for subsistence, and, thus, inadmissible under U.S. immigration law.
More than four months after Gov. Tim Walz declared a peacetime emergency in Minnesota, many employers are eager to return to normal (to the extent possible). But two recent developments in Minnesota that have further pushed back the timeline for returning to “business as usual.”
Posted July 27, 2020 with Tags NJL News
An individual who is certified must show knowledge of relevant health care regulations and demonstrate expertise in the compliance process.
Each year, Minnesota Lawyer recognizes a group of new attorneys with under a decade of practice. We're pleased to announce NJL associate Pharaoh Lewis has joined the 2020 class of Up & Coming Attorneys.
Posted July 20, 2020 with Tags NJL News
Ten attorneys from NJL make the Super Lawyers list this year; six make the Rising Stars lists.
Posted July 14, 2020 with Tags The Equal Pay Advisor
Pay inequities can create government regulatory problems with the EEOC and OFCCP, for example, and can also present litigation risks in the form of government lawsuits or private class actions. But pay equity issues also can result in brand and morale challenges that may ultimately be more significant than those in the regulatory and litigation contexts. Because of new, creative tactics from advocacy groups, as well as changes in the societal and media environments, employers should place greater focus on the brand and morale aspects of pay equity.
Posted July 14, 2020 with Tags The Equal Pay Advisor
There are some legal risks associated with COVID-related changes in the workplace that deserve more attention than they have received to date. One of these is the potential for gender-based imbalances in compensation, promotions, and other conditions of employment.
The California Supreme Court issued an important pair of decisions today clarifying that California-compliant wage statements need to be provided only to workers who perform the majority of their work in California, or who are based for work purposes in California.
On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) will enter into full force, when it will replace the North American Free Trade Agreement (“NAFTA”) as the primary agreement governing trade relations between the United States, Mexico, and Canada.
The new Proclamation seeks to bar entry into the United States of individuals who are using a visa in one of several temporary visas categories.