Update on H-1B Cap Count for Fiscal Year 2012

On November 23, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that, as of November 22, 2011, it has received enough H-1B cap-subject petitions to reach the annual 65,000 “regular cap.” As we reported in the October 2011 issue of the Immigration eAuthority, USCIS previously confirmed that it had exhausted the 20,000 cap for foreign nationals with U.S.-earned advanced degrees. USCIS has stated that it will reject cap-subject petitions (for new H-1B visas requesting an employment start date in FY 2012) that are received after November 22, 2011. Consequently, the next available H-1B visas will be available for filing on April 1, 2012, with an employment start date of October 1, 2012.

For employers with cases that did not make the cap, Ogletree Deakins will be in touch with you to explore alternative options.

Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress damages in a retaliation claim asserted under the Fair Labor Standards Act (FLSA).

DHS Partially Enjoined From Enforcing Proclamation Suspending Entry of Certain Foreign Nationals

On October 1, 2020, the United States District Court for the Northern District of California issued a limited preliminary injunction enjoining the U.S. Department of Homeland Security (DHS) from “implementing, enforcing, or otherwise carrying out” Section 2 of Presidential Proclamation 10052 of June 22, 2020, which suspended the entry of individuals into the United States on select nonimmigrant visas.

Update on H-1B Cap Count for Fiscal Year 2012

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Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

DHS Partially Enjoined From Enforcing Proclamation Suspending Entry of Certain Foreign Nationals

Washington Raises Income Thresholds for Workers Subject to Noncompetition Covenants