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Current Form I-9 Is Valid for Four More Months

After a series of proposed improvements to and public comment periods on Form I-9, Employment Eligibility Verification, the Office of Management and Budget has approved a revised version of the form.

New Form I-9 With Enhancements and Clarity Starting January 2017

The United States Citizenship and Immigration Services (USCIS) has announced approval from the Office of Management and Budget (OMB) for a proposed new Form I-9. USCIS must publish a revised form no later than November 22, 2016. This new form will be effective as of January 22, 2017.

Revised I-9 Form Approved But Not Yet Released

USCIS has announced that a new I-9 form has been approved, but has not yet been released. The Office of Management and Budget (OMB) has approved the new form and must publish it by November 22, 2016. Employers may continue to use the current version (Form I-9 with a revision date of 03/08/2013) until January 21, 2017. After January 21, 2017, all previous versions of Form I-9 will be invalid. We will provide more information regarding the new form as information becomes available.

Department of State Accepting Applications for Diversity Immigrant Visa Lottery

The U.S. Department of State has announced that applications for the upcoming Diversity Visa (DV-2018) Lottery will be accepted electronically between noon EDT, October 4, 2016, and noon EDT, November 7, 2016.

Effective September 29, Certain Visa-Exempt Travelers to Canada Must Have an Electronic Travel Authorization to Enter the Country by Air

Executive Summary: A change to Canadian law that will take effect September 29, 2016, could have a significant impact on airline industry employers, as well as those in other industries whose employees frequently travel by air to Canada. The change will require all visa-exempt nationals (other than U.S. citizens) entering or transiting through Canada by air to have a valid electronic Travel Authorization (“eTA”) to board their flights.

U.S. Business Visitors Using the Visa Waiver Program May Soon Be Asked for Social Media Information

The federal government has proposed a new rule requiring that applicants for the Visa Waiver Program (VWP)—which allows citizens of certain countries to enter the United States without visas—be asked to voluntarily disclose their social media accounts in order to allow U.S. Customs and Border Protection (CBP) to further investigate their backgrounds before allowing them to use the program. The VWP allows citizens or nationals of the following countries to enter the United States without visas for the purposes of tourism or business: Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom. The VWP application process is quick and easy via the online Electronic System for Travel Authorization (ESTA).

New Form I-9 Update

The Office of Management and Budget (“OMB”) has approved revisions to the Form I-9 to be released to the public within 90 days. The exact date of release has not been announced. The new form will include much-needed technology features to assist employers in identifying errors. The new form will replace the 2013 version and will be valid until August 31, 2019.

DHS Proposes Long-Awaited International Entrepreneur Rule

On August 26, 2016, the U.S. Department of Homeland Security (DHS) released advance notice of proposed rulemaking designed to encourage and facilitate entrepreneurship within the United States. The notice was published in the August 31, 2016 Federal Register and is subject to a 45-day comment period that will end on October 17, 2016.

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave.

Business Immigration Zone: U.S. Government Proposes New Rule to Attract International Entrepreneurs

U.S. Citizenship and Immigration Services (USCIS) recently proposed a rule that would allow certain international entrepreneurs to enter the United States to start businesses.

Second Circuit | Mazzei v. Money Store, 2016 U.S. App. LEXIS 12994 (2d Cir. July 15, 2016)

Seventh Circuit | Half a Loaf: Court Rejects ADA "Safe Harbor" But Approves Pre-Regulations Wellness Program as "Voluntary" The EEOC’s attack on employee wellness programs as unlawful under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that began in 2014 with three lawsuits, and continued with more recent regulations under these laws, has taken another turn. On September 19, 2016, a federal court in Wisconsin denied the EEOC’s summary judgment motion in one of the three cases that directly challenged an employer’s wellness program requiring employees who sought health plan coverage with a wellness component to undergo a medical examination or pay higher premiums. EEOC v. Orion Energy Systems, Inc., Civil Action 1:14:-cv-01019 (E.D. Wis., Sept. 19, 2016)

Texas | Rhymes v. Filter Resources, Inc.

Sixth Circuit | Smith v. LexisNexis Screen Solutions, Inc., __ F. 3d ___, 2016 WL 4761325 (6th Cir. September 13, 2016)

Eleventh Circuit | EEOC v. Catastrophe Management Solutions, No. 14-13482 (11th Cir. Sept. 15, 2016)

California | Ogannesian v. ICC Collision Centers, Inc.

South Carolina | Joseph v. South Carolina Department of Labor, Licensing and Regulation

Third Circuit | First Niagara Risk Management, Inc. v. John A. Folino (E.D. Penn. August 11, 2016)

Minnesota | Patterson Dental Supply, Inc. v. Vlamis (Sept. 6, 2016)

Seventh Circuit | Amglo Kemlite Labs., Inc. v. NLRB, 2016 U.S. App. LEXIS 15100 (7th Cir. Aug. 17, 2016)