Robert A. Harris
Practice Areas
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Labor and Employment
- Employer Internal Investigations
- Employment Litigation
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Employment Relations, Policies, and Regulatory Practice
- Drug and Alcohol Policies and Testing
- Employee Discipline and Termination
- Employment Counseling
- Employment Policies and Manuals
- Equal Employment Opportunity
- Family and Medical Leave Act
- Management Training
- Wage and Hour/Fair Labor Standards Act
- Whistleblower Protection
- Worker Adjustment and Retraining Notification Act ("WARN")
- Workplace Harassment, Including Sexual Harassment
- Immigration
- Labor/Management Relations
- Workplace Safety
- Litigation
Industries
Education
- The Ohio State University Michael E. Moritz College of Law, J.D., 1992, with Honors, Order of the Coif
- Ohio State Law Journal, Staff Member and Articles Editor, 1990-1992
- The Ohio State University, MBA, 1992, with Honors
- Kenyon College, B.A., 1987, magna cum laude
Bar & Court Admissions
Bob is a partner in the Vorys Columbus office and a member of the firm’s labor and employment and immigration practice groups.
Bob has experience in a wide range of labor and employment matters. This encompasses handling litigation and counseling clients on a wide range of topics, including: the Fair Labor Standards Act (FLSA) and wage and hour class actions; Title VII; the Americans with Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA); the Family and Medical Leave Act (FMLA); the National Labor Relations Act (including representation petitions and collective bargaining); wrongful termination issues; noncompete, non-solicitation, and trade secret law; and employment-related torts. He has litigated cases in state and federal courts, in arbitrations, and before the National Labor Relations Board (NLRB). Bob regularly advises clients on personnel matters and on development and application of policies. He also represents clients in the field of higher education, including devising and implementing Title IX policies and defending against related claims.
In addition, Bob regularly counsels clients on immigration issues, including preparation of employment-based nonimmigrant visa petitions, and assisting clients with I-9 policies, audits, and investigations. Bob is also a member of the Vorys COVID-19 Task Force, and has been a frequent speaker on coronavirus employment-related topics, both in Vorys webinars and communications, and for outside entities.
Career highlights include:
- Defending large national clients nationwide in Fair Labor Standards Act (FLSA) collective actions and in state law class actions relating to alleged wage-hour violations.
- Successfully defending a client in a federal court jury trial in a multi-plaintiff age discrimination claim.
- Successfully defending a large national client in a pregnancy discrimination jury trial in federal court in New York.
- Successfully defending a large national client in a jury trial in a race discrimination claim, sustained on appeal in both the Court of Appeals and the state’s Supreme Court.
- Representing large national retailers and manufacturers in numerous federal and state law employment-related claims.
- Representing numerous clients of all sizes in general personnel matters and defending them against administrative charges and lawsuits.
Bob has lectured at seminars on a variety of topics, including workplace harassment, labor relations, the Immigration Reform and Control Act, the preparation and maintenance of I-9 forms and policies and handling I-9 investigations, the Americans With Disabilities Act, labor implications of the Ohio Sales tax exemption for leased employees, developing appropriate policies against sexual and other unlawful harassment, document retention policies, conducting internal investigations, and COVID-19 issues.
Bob received his J.D. with honors from The Ohio State University Michael E. Moritz College of Law, where he was a staff member and articles editor of the Ohio State Law Journal and a member of the Order of the Coif. He also received an MBA with honors from The Ohio State University. He earned his B.A. magna cum laude from Kenyon College.
Honors & Awards
- Columbus CEO, Top Lawyers in Columbus, 2015
- Ohio Super Lawyers, Employment and Labor, 2012-2019
- The Best Lawyers in America, Employment Law – Management, 2013-2022
- Ohio Super Lawyers Rising Stars, Employment and Labor, 2005-2006, 2009-2010
News
- 8/19/2021One hundred and sixteen lawyers from Vorys were recently selected by their peers for inclusion in the Best Lawyers in America® 2022 edition. In addition, 34 Vorys attorneys were named to the 2022 Best Lawyers in America “Ones to Watch” list.
- 4/12/2021Bob Harris, a partner in the labor and employment group, was quoted throughout a Dayton Daily News story about whether or not employers can require their employees to get the COVID-19 vaccine.
- 4/12/2021Bob Harris, a partner in the labor and employment group, was quoted in two recent Columbus Business First stories about whether or not employers can require employees to get a COVID-19 vaccine.
- 9/16/2020Bob Harris, a partner in the Vorys Columbus office, was quoted in a Columbus Business First story titled about a bill signed into law by Ohio Governor Mike DeWine that gives Ohio businesses more protection from lawsuits related to exposure, transmission or contraction of COVID-19.
- 8/20/2020One hundred and twelve lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in the Best Lawyers in America® 2021 edition. In addition, 26 Vorys attorneys were named to the inaugural Best Lawyers in America “Ones to Watch” list.
- 8/15/2019One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2020.
- 12/5/2018Vorys is pleased to announce that 48 attorneys from the firm have been named 2019 Ohio Super Lawyers and Rising Stars.
- 8/15/2018One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2019.
- 12/5/2017Vorys is pleased to announce that 56 attorneys from the firm have been named 2018 Ohio Super Lawyers and Rising Stars.
- 8/17/2017One hundred and eight lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2018.
- 12/2/2016Vorys is pleased to announce that 58 attorneys from the firm have been named 2017 Ohio Super Lawyers and Rising Stars.
- 8/15/2016One-hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2017.
- 12/2/2015Vorys is pleased to announce that 63 attorneys from the firm have been named 2016 Ohio Super Lawyers and Rising Stars.
- 8/17/2015One-hundred and eighteen lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2016.
- 12/3/2014Vorys is pleased to announce that 74 attorneys from the firm have been named 2015 Ohio Super Lawyers and Rising Stars.
- 8/18/2014One-hundred and ten lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2015.
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 8/14/2013One hundred and eleven lawyers from Vorys, Sater, Seymour and Pease were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
- 8/23/2012One hundred and twenty-six lawyers from Vorys were recently selected by their peers for inclusion in The Best Lawyers in America® 2013.
- 12/16/2011
- 12/22/2009
- 12/29/2008
Events
- 9/30/2021Vorys attorneys will return for our next edition of our Vorys On Call: Coronavirus webinar on September 30, 2021. We will present the most timely and relevant topics as businesses and organizations respond to the COVID-19 pandemic.
- 5/13/2021Vorys attorneys returned to host the Vorys On Call: Coronavirus webinar on Thursday, May 13, 2021.
- 3/18/2021Vorys attorneys returned to host the Vorys On Call: Coronavirus webinar on Thursday, March 18, 2021.
- 1/25/2021Bob Harris, a partner in the Vorys Columbus office and a member of the labor and employment group, participated in a presentation for the OSBA titled "Employee Leaves & Benefits in a Post-FFCRA World."
- 1/14/2021Vorys attorneys returned to host the Vorys On Call: Coronavirus webinar on Thursday, January 14, 2021.
- 12/10/2020Vorys attorneys returned to host the Vorys On Call: Coronavirus webinar on Thursday, December 10, 2020.
- 10/12/2020Vorys was proud to host a weeklong virtual program providing insights and updates for HR professionals from October 12-15, 2020.
- 10/8/2020Vorys attorneys returned to host the Vorys On Call: Coronavirus webinar on Thursday, October 8, 2020.
- 9/16/2020Robert Harris, a partner in the Vorys Columbus office and a member of the labor and employment group, presented a webinar to Ohio State Bar Association members on the continuing evolution of employment law in the COVID environment on September 16th, 2020.
- 8/13/2020Vorys attorneys returned to host the Vorys On Call: Coronavirus webinar on Thursday, August 13, 2020.
- 7/9/2020In this Vorys On Call: Coronavirus webinar, Vorys attorneys presented the most timely and relevant topics as businesses and organizations respond to the COVID-19 pandemic.
- 6/11/2020In this Vorys On Call: Coronavirus webinar, Vorys attorneys presented the most timely and relevant topics as businesses and organizations respond to the COVID-19 pandemic.
- 5/14/2020In this ninth weekly edition of our weekly COVID-19 webinar, Vorys attorneys continued to focus on the legal and business issues related to the return to the workplace.
- 5/13/2020A team from Vorys and Vorys Advisors presented a webinar to Heritage Ohio members on practical considerations businesses need to make following COVID-19 related closures and stay at home orders.
- 5/7/2020In this eighth weekly edition of our weekly COVID-19 webinar, Vorys attorneys continued to focus on the legal and business issues related to the return to the workplace.
- 5/6/2020Vorys attorney Bob Harris participated in a presentation for the OSBA titled 'Legal Considerations for Employers Reopening the Workplace.'
- 4/30/2020In this edition of our weekly COVID-19 webinar, Vorys attorneys again focused their remarks solely on the legal and business issues related to the eventual return to the workplace.
- 4/23/2020The sixth installment of Vorys' multi-disciplinary webinar series on the various business and legal implications of the coronavirus (COVID-19) took place on Thursday, April 23, 2020.
- 4/16/2020The fifth installment of Vorys' multi-disciplinary webinar series on the various business and legal implications of the coronavirus (COVID-19) took place on Thursday, April 16, 2020.
- 4/9/2020The fourth installment of our weekly multi-disciplinary webinar series on the various business and legal implications of COVID-19 took place on Thursday, April 9, 2020.
- 4/2/2020Our third multi-disciplinary webinar on the various business and legal implications of the coronavirus (COVID-19) pandemic took place on Thursday, April 2, 2020.
- 4/2/2020Robert Harris, a partner in the Vorys Columbus office and a member of the labor and employment group, presented a webinar to Ohio State Bar Association members on The Families First Coronavirus Response Act on April 2nd, 2020.
- 3/26/2020Vorys attorneys representing various practice areas and disciplines came together to share their considerations as businesses navigate the COVID-19 pandemic during a webinar on March 26, 2020. This was the second webinar on this topic.
- 3/19/2020On Thursday, March 19, 2020, a team of Vorys attorneys representing various practice areas and disciplines will came together to share their considerations as businesses navigate these turbulent times.
- 3/18/2020Vorys hosted a complimentary webinar as a part of the Vorys at Work labor and employment law webinar series titled, “Coronavirus Considerations for Employers” on March 18, 2020.
- 3/13/2020Vorys attorney Bob Harris provided up-to-date information and guidance amid the ever-changing landscape of the Coronavirus (COVID-19) outbreak, focusing on the associated legal issues, risks, and guidelines.
- 10/8/2019Vorys Attorneys Bob Harris and Sachiyo Peterson presented at A Restaurateur’s Guide to Immigration: A Three-Part Webinar Series on October 8, 2019.
- 10/1/2019Vorys Attorneys Bob Harris and Sachiyo Peterson presented at A Restaurateur’s Guide to Immigration: A Three-Part Webinar Series on October 1, 2019.
- 9/24/2019Vorys Attorneys Bob Harris and Sachiyo Peterson presented at A Restaurateur’s Guide to Immigration: A Three-Part Webinar Series on September 24, 2019.
- 11/9/2018Vorys Partners Natalie McLaughlin and Bob Harris presented at the College and University Professionals Association’s HR Ohio Chapter 2018 Fall Conference on November 9, 2018. They provided attendees with a legal update on issues impacting employees in higher education. Topics included medical marijuana, arbitration agreements, sexual harassment, the FLSA, the ADA, workplace civility, paid family leave, interviewing employment applicants, immigration, and transgender restroom access.
- 4/26/2018On April 26, 2018, Vorys hosted its annual Cincinnati Labor and Employment Update.
Insights
- 8/31/2021Starting October 1, 2021, applicants for Lawful Permanent Resident status in the U.S. (commonly known as Green Cards) are required to be fully vaccinated against COVID-19.
- 8/9/2021In May 2021, Indiana University announced that in order to attend on-campus classes and activities, students must be fully vaccinated against COVID-19.
- 8/2/2021On June 23, 2021, the Supreme Court of the United States issued a decision that limits a public school’s ability to regulate student speech that occurs off-campus at the K-12 level.
- 7/30/2021On April 27, 2021, President Biden issued an Executive Order raising the minimum wage for federal contractors from $10.95 per hour to $15.00 per hour, effective January 30, 2022.
- 6/9/2021On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its “What you should know about COVID-19” Frequently Asked Questions, providing some long-awaited guidance about COVID-19 vaccination policies and incentives.
- 6/7/2021On May 28, 2021, the EEOC updated its “What you should know about COVID-19” Frequently Asked Questions, providing some long-awaited guidance about COVID-19 vaccination policies and incentives.
- 6/3/2021As Ohio continues its recovery from the COVID-19 pandemic, a number of pandemic unemployment benefits programs are winding down.
- 5/12/2021There have been several U.S. immigration developments over the past few weeks. We highlight all developments of note in this alert.
- 3/15/2021The newly-enacted American Rescue Plan Act of 2021 includes, among other relief, additional funding to universities, colleges, and schools, some of which can be used to upgrade health safeguards, including improved ventilation systems.
- 3/15/2021On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (ARPA or the Act).
- 3/11/2021On Wednesday, March 10th, the House passed the American Rescue Plan Act of 2021, the third major federal COVID-19 relief act following the CARES Act and the December 2020 Consolidated Appropriations Act. President Biden is expected to sign it into law Friday.
- 3/1/2021Late last week, the U.S. Department of Labor (DOL) issued guidance expanding the categories of workers eligible to receive federally-funded unemployment benefits under the Pandemic Unemployment Assistance (PUA) program.
- 2/5/2021On February 5, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 9, 2021 and run through noon ET on March 25, 2021.
- 1/5/2021On December 31, 2020, President Trump signed a Presidential Proclamation extending the suspension of entry of certain nonimmigrant visa holders to March 31, 2021.
- 12/28/2020Yesterday evening, the President signed into law the Bipartisan COVID-19 Emergency Relief Act of 2020 (the “Relief Act”).
- 12/28/2020Earlier this month, the U.S. Equal Employment Opportunity Commission updated its COVID-19 technical assistance with new information on vaccinations.
- 12/27/2020Late on December 27, the President signed a $900 billion relief package that will provide aid to individuals and businesses still struggling with the economic impact of the ongoing COVID-19 pandemic. Both the House and the Senate passed the proposal last week.
- 12/23/2020On December 20, 2020, Congress passed the Emergency Coronavirus Relief Agreement, which, if approved by the president, will be signed into law as the COVID-related Tax Relief Act of 2021 (CTRA). The CTRA offers approximately $900 billion in relief and stimulus provisions (discussed in more detail here). However, not included in the CTRA is an extension of the mandatory leave provisions of the Families First Coronavirus Response Act (FFCRA), which are set to expire on December 31, 2020. Instead, the CTRA extends the tax credits available to covered employers that continue to offer paid leave under the FFCRA framework through March 31, 2021.
- 12/15/2020On December 14, 2020, the first Americans began receiving the COVID-19 vaccine, and approximately 3 million doses will be distributed nationwide in the coming weeks.
- 11/24/2020Two additions and a clarification of Ohio’s immunity legislation were enacted when the General Assembly recently passed House Bill 151. It grants temporary qualified civil immunity to health care isolation centers during a disaster or emergency and temporarily authorizes emergency medical technicians to perform certain emergency medical services in hospitals.
- 10/23/2020On October 22, 2020, Michigan enacted four COVID-related laws that provide protections to businesses and to employees.
- 10/2/2020Last week, the Department of State released the October Visa Bulletin. With October being the beginning of the federal government’s new fiscal year, and with COVID-19 and associated visa and travel bans leading to a reduced usage of immigrant visa numbers, there was significant movement in the priority dates.
- 9/15/2020As businesses in Ohio continue to reopen, employers are concerned about potential liability if their employees or customers contract COVID-19 in their workplace or business.
- 8/27/2020In line with the Supreme Court’s recent holding in Bostock that Title VII prohibits discrimination on the basis of sexual orientation and transgendered status, the Fourth Circuit ruled Wednesday that policies segregating transgender students from their peers are unconstitutional and violate federal law prohibiting sex discrimination in education.
- 8/7/2020In response to the COVID-19 pandemic, Congress enacted the Families First Coronavirus Response Act (FFCRA).
- 8/5/2020On August 3, 2020, President Trump signed an Executive Order instructing the Secretaries of Labor and Homeland Security to take action to ensure all H-1B employers comply with labor condition and wage requirements.
- 7/23/2020Beginning on Thursday, July 23, 2020, at 6:00 p.m., a statewide mask mandate will go into effect for those living in all 88 Ohio counties.
- 6/24/2020On June 16, 2020, Governor Mike DeWine signed Executive Order 2020-24D, which provides several circumstances that will now constitute “good cause” for refusing suitable work during the pandemic.
- 6/23/2020On June 22, 2020, President Trump signed a Presidential Proclamation suspending the entry of certain nonimmigrant visa holders from June 24, 2020 to December 31, 2020.
- 6/17/2020The Department of Homeland Security (DHS) announced on June 16, 2020 that it will extend the previously announced policy to defer the physical presence requirements associated with the Employment Eligibility Verification process (Form I-9) to July 19, 2020.
- 6/4/2020Now that employees are returning to work and businesses are reopening their doors to customers, many businesses are searching for ways to limit liability relating to potential COVID-19 infections. To that end, some employers are considering whether to require COVID-19 liability waivers for their employees, customers, contractors, and other visitors to their facilities.
- 5/29/2020The U.S. Citizenship and Immigration Services (USCIS) announced today that it will resume Premium Processing service for eligible nonimmigrant visa petitions (Form I-129) and immigrant visa petitions (Form I-140).
- 5/27/2020The Department of Education recently announced its implementation of new Title IX regulations governing sexual harassment in education programs and activities that receive federal funding. The new regulations will take effect on August 14, 2020.
- 4/27/2020
- 4/23/2020On April 22, 2020, President Trump issued a proclamation suspending the entry of certain immigrants into the United States for 60 days.
- 4/20/2020COVID-19 relief efforts, employment and unemployment factors, and the much-anticipated rebound remain fluid.
- 4/15/2020In this Alert, we summarize the EEOC’s most recent guidance on employers’ ADA obligations concerning reasonable accommodation and telework. Importantly, the EEOC notes that the answers to these questions may change as the risks presented by COVID-19 decrease.
- 4/14/2020The EEOC made clear in a recent webinar that “in this extraordinary time, the laws enforced by the EEOC -- Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act -- continue to apply.”
- 4/13/2020
- 4/8/2020With international travel coming seemingly to a halt, employers may be concerned about visa status expirations for their employees who typically extend their status through travel or the consulate, including those in E, Blanket L-1, and TN visa status.
- 4/6/2020The Department of Labor and the U.S. and Citizenship and Immigration Services have yet to issue any special guidance or relax any statutory or regulatory requirements regarding the treatment of nonimmigrants amid COVID-19 workplace implications.
- 4/2/2020The IRS has released guidance specifying what documentation is needed for employers to receive the tax credits that will fund the paid leave required by the Families First Coronavirus Response Act (FFCRA).
- 3/23/2020The Department of Homeland Security announced on March 20, 2020 that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9).
- 3/20/2020See the latest U.S. employment and immigration updates related to the COVID-19 pandemic.
- 3/19/2020On March 18, 2020, the Families First Coronavirus Response Act was approved by Congress and signed by President Trump. There are a number of provisions in the law that will directly impact many employers. Key portions of the bill are discussed in this alert.
- 3/16/2020The U.S. Department of Labor (DOL) recently issued guidance on wage-hour concerns under the Fair Labor Standards Act (FLSA) in light of COVID-19.
- 3/16/2020
- 3/16/2020On March 15, 2020, Governor Mike DeWine issued an executive order expanding unemployment benefits for employees whose workplaces are shutdown or who are quarantined as a result of COVID-19.
- 3/13/2020OSHA recently reminded all covered employers of their obligations to provide a safe and healthy workplace in light of COVID-19.
- 3/12/2020The last pandemic was the H1N1 outbreak in 2009. At that time, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.” The EEOC has directed that its 2009 guidance applies to COVID-19.
- 3/12/2020On March 11, 2020, the Colorado Department of Labor and Employment issued emergency temporary rules that require certain employers to provide paid sick leave to employees with flu-like symptoms who are being tested for coronavirus (COVID-19).
- 2/4/2020The U.S. Citizenship and Immigration Services (USCIS) released a new version of Form I-9, Employment Eligibility Verification.
- 6/20/2019For those clients with foreign national workers who may have plans to travel abroad this summer, this brief advisory provides some basic guidance and reminders for international travel.
- 2/7/2019The U.S. DHS anticipates that the new procedures will result in granting more H-1B visas to beneficiaries with advanced degrees (U.S. master’s degree or higher), thus rewarding the “most-skilled and highest-paid” in support of the Buy American and Hire American Executive Order.
- 1/4/2019Due to the well-publicized impasse between President Trump and Congress, a partial government shutdown is currently in effect.
- 1/4/2019Due to the well-publicized impasse between President Trump and Congress, a partial government shutdown is currently in effect. Approximately 25 percent of government functions are shut down.
- 6/29/2018Earlier this year, the U.S. Department of Labor (DOL) issued “Fact Sheet #17S” on the applicability of the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemptions for jobs in colleges and universities.
- 6/22/2018New Hampshire recently amended its laws against discrimination to prohibit discrimination based on gender identity.
- 2/1/2018With immigration being a hot topic, California employers should be aware of legislation enacted in October 2017 that restricts their ability to cooperate with federal immigration officials.
- 1/22/2018At the beginning of each government fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas.
- 1/18/2018The Immigration Reform and Control Act of 1986 (IRCA), as amended by the Immigration Act of 1990, makes it unlawful for an employer to knowingly hire or continue to employ any person who is not authorized to work in the United States.
- 1/12/2018On April 18, 2017, President Trump signed an Executive Order titled, “Buy American and Hire American.”
- 3/6/2017The U.S. Citizenship and Immigration Services (USCIS) has announced that it will temporarily suspend Premium Processing (which guarantees adjudication in 15 calendar days) for all H-1B visa petitions filed on or after April 3, 2017.
- 1/24/2017At the beginning of each government fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas.
- 11/18/2016This week, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use by employers.
- 5/9/2016The Department of Homeland Security’s new rule on the STEM Optional Practical Training extension goes into effect on May 10, 2016. Some of the changes that impact employers are highlighted in this Immigration Alert.
- 2/16/2016At the beginning of each government fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas. In general, the H-1B visa classification permits a foreign national to work in the United States for a temporary period in a “specialty occupation.”
- 12/23/2015The U.S. Immigration and Customs Enforcement and Office of Special Counsel for Immigration-Related Unfair Employment Practices recently released guidance for employers conducting internal I-9 audits. The guidance covers topics including how to define the scope of an internal audit, how to communicate to employees regarding the audit, how to fix specific errors discovered during the audit, and other related questions.
- 3/27/2015On March 25, 2015, the Supreme Court announced its long-awaited decision in Young v. United Parcel Service regarding the scope of required accommodations under the Pregnancy Discrimination Act (PDA). The case involves a former driver for UPS who claimed that UPS violated the PDA by not offering her light duty when she was pregnant and subject to a 20-pound lifting restriction, despite accommodating nonpregnant drivers with the same lifting restriction.
- 2/26/2015Effective May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will become eligible for their own employment eligibility.
- 12/17/2014Both the West Coast (led by San Francisco) and the East Coast (led by Philadelphia) recently illustrated growing pro-employee trends in defining employee work schedules and in ensuring paid sick leave for employees.
- 11/21/2014On November 20, 2014, President Obama announced a number of executive actions (also known as the Immigration Accountability Executive Actions). One of the executive actions focused on policies supporting U.S. high-skilled businesses and workers. A link to this executive action can be found here. In this action, President Obama directs new policies and regulations that will support our country’s high-skilled businesses and workers by improving the ability of U.S. businesses to hire and retain highly skilled foreign-born workers, while also providing the workers with increased flexibility to make natural advancements with their current employers or seek similar opportunities elsewhere.
- 3/3/2014At the beginning of each fiscal year, which for the federal government starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visa numbers.
- 10/1/2013The failure of the U.S. Congress to reach a budget deal is causing a partial shutdown of U.S. government offices and services. The full extent to which the government shutdown will affect various aspects of the immigration process is not yet clear.
- 7/8/2013On June 26, 2013, the Supreme Court of the United States held in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA) violated the equal protection clause of the Fifth Amendment of the Constitution.
- 5/3/2013The U.S. Customs and Border Protection (CBP) recently published an interim final rule indicating its intention to automate its Form I-94, Arrival/Departure Record.
- 4/29/2013The U.S. Citizenship and Immigration Services (USCIS) recently published a revised Employment Eligibility Verification Form I-9 for use by employers.
- 4/5/2013The U.S. Customs and Border Protection (CBP) published an interim final rule on March 27, 2013, indicating its intention to automate its Form I-94, Arrival/Departure Record. Form I-94, among other purposes, provides documentation of the admission and approved length of stay for individuals in a temporary immigration status.
- 4/5/2013The U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petition to reach the statutory cap for the fiscal year 2014. USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013.
- 3/20/2013At the beginning of each fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas. The number of these new visas that are available each year is capped at approximately 65,000 (plus an additional 20,000 that are exempt from the cap for individuals with advanced degrees from an accredited U.S. college or university). Applications for these new visas can be filed as soon as April 1.
- 3/12/2013On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use by employers.
- 3/5/2013At the beginning of each fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services makes available an allocation of new H-1B visas. The number of these new visas that are available each year is capped at approximately 65,000.
- 6/18/2012On June 15, 2012, the secretary of homeland security announced that effective immediately, certain young people who were brought to the United States as young children will be considered for relief from removal or from entering into removal proceedings.
- 4/19/2012Effective April 13, 2012, the Department of State adjusted the visa processing fees applicable to beneficiaries applying for a new visa stamp at a U.S. Embassy or Consulate. Most nonimmigrant visa applications and Border Crossing Cards will increase, except for the E visas (treaty-traders and treaty-investors) and K visas (for fiancés of U.S. citizens).
- 4/9/2012U.S. Citizenship and Immigration Services updated its count of FY2013 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of April 9, 2012, nearly 17,400 H-1B cap-subject petitions were receipted.
- 3/1/2012The Department of Homeland Security (DHS) has announced the expansion of TSA Precheck, a passenger pre-screening initiative. Under this initiative, the Transportation Security Administration (TSA) focuses its efforts on passengers the agency knows less about, while providing expedited screening for travelers who volunteer information about themselves before flying.
- 2/29/2012As you may know, the annual cap for the current fiscal year allocation of H-1B visas was reached on November 22, 2011. Since that time, employers have not been able to file H-1B visa petitions subject to the annual cap.
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