Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Blogs

Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Quick Hits

  • Federal financial regulators are targeting employers for employees’ use of personal text messages or off-channel communications to discuss business, alleging it may violate recordkeeping rules.
  • The actions raise concerns for financial employers given the increased use of personal electronic communications platforms and of the popularity of bring-your-own-device policies.
  • The actions further highlight federal

Quick Hits

  • The EB-1, EB-2, and EB-3 final action dates will remain unchanged for all countries of chargeability.
  • USCIS has confirmed it will accept employment-based adjustment of status applications based on the final action dates chart for the May 2024 Visa Bulletin.
  • The EB-4 Certain Religious Workers category is extended until September 29, 2024.

The

DOL OT Rule Imminent. On April 10, 2024, the Office of Information and Regulatory Affairs completed its review of the U.S. Department of Labor’s rule that makes changes to the overtime regulations implementing the Fair Labor Standards Act. This means that the new rule could be published any day now. As a reminder, the proposed

Quick Hits

  • The Mexican Supreme Court ruled in favor of the constitutionality and therefore the legality of the cap to PTU payments issued by the Mexican Federal Labor Law (FLL).
  • According to the FLL, the PTU cap is calculated as either three months of the employee’s base salary or the average amount of profit sharing

Quick Hits

  • USCIS recently announced that it has updated its definition for “Schedule A, Group II” occupations.
  • USCIS has now clarified that Schedule A, Group II “Sciences or Arts” occupations include occupations in any field of knowledge and/or skill for which colleges and universities commonly offer courses leading to a degree.
  • This clarification aligns USCIS’s

Quick Hits

  • Momentum to classify NCAA athletes as employees may impact international athletes’ immigration status and jeopardize their participation in NCAA sports.
  • Most student visas limit holders’ ability to work while studying in the United States.
  • Changes to U.S. immigration law may be necessary to allow international athletes to continue to participate in NCAA sports

Quick Hits

  • Washington’s legislature recently concluded a productive 2024 legislative session with approximately 340 bills receiving passage by both houses and moving on to the governor’s desk.
  • Notable newly enacted pieces of legislation include a measure that restricts employers’ ability to speak to employees on political or religious matters, a statutory expansion of the classes

The release of selections occurred less than a week after the conclusion of the H-1B cap registration period. This year’s H-1B lottery selections were conducted over a span of five days and concluded on April 1, 2024, when USCIS announced that it had received enough electronic registrations for unique beneficiaries during the initial registration