Final Reminder for H-1B Petitions

A final reminder to employers – the filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for Fiscal Year 2011 (FY 2011) begins on April 1, 2010. Since H-1B petition preparation commonly takes a minimum of one to two weeks, primarily due to processing times for the required Labor Condition Application (LCA), employers must act right away to begin preparing petitions for current and future employees who will need H-1B visa status to be legally employed. Individuals currently employed as F-1 students or J-1 trainees, individuals seeking to change to H-1B from another work status (such as L-1, TN or E-3) and individuals outside of the United States commonly require new, cap-subject H-1Bs. Immigration attorneys nationwide are preparing to send H-1B petitions on March 31 to ensure receipt at United States Citizenship and Immigration Services (USCIS) offices on April 1. April 1 is the initial filing date for petitions seeking H-1B status with an effective date of October 1, 2010. (See the February 2, 2010 issue of the Immigration eAuthority and the most recent USCIS press release for more information on the upcoming H-1B filing period.)

Time to Update Your New Jersey Wage and Hour, Payment of Wages Posters

The New Jersey Department of Labor (NJDOL) just updated two of its mandatory workplace posters, which New Jersey employers should post immediately. The Wage and Hour Law Abstract has been updated to reflect the new minimum wage of $8.25 per hour, effective January 1, 2014. The Payment of Wages poster has been updated to (1) incorporate a 2009 regulation allowing permission to deduct health club membership fees and child care services from wages, and (2) detail employers’ obligation to provide new hires with the recordkeeping poster.

Court Rejects FEHA Claim Brought by Employee Fired for Allegedly Filing False Harassment Complaint

Earlier this week, a state appellate court held that an employee failed to introduce substantial evidence under the Fair Employment and Housing Act (FEHA) that his employer’s decision to terminate his employment was motivated by retaliatory animus. According to the California Court of Appeal, the employee, who was fired for allegedly making false statements related

Hold on Bill to End Per-Country Cap Lifted

In July 2012, Senator Chuck Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee, agreed to lift his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012) that was passed by the U.S. House of Representatives. As we reported in the December 2011 issue of the Immigration eAuthority, under current law, the total

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Time to Update Your New Jersey Wage and Hour, Payment of Wages Posters

Court Rejects FEHA Claim Brought by Employee Fired for Allegedly Filing False Harassment Complaint

Hold on Bill to End Per-Country Cap Lifted