Summary The U.S. Department of Homeland Security (DHS) has released an interim final rule (IFR) titled “Strengthening the H-1B Nonimmigrant Visa Classification Program.” The IFR is intended to further the goals of the Trump administration’s Buy American, Hire American campaign by narrowing the regulations that govern the H-1B visa program. The rule is expected to be published in the Federal Register on October 8, 2020 and the changes will go into effect 60 days later. The IFR revises and clarifies  the...

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As election day approaches, voters are paying more attention to each candidate’s positions on a host of issues. In the area of tax policy, both major-party presidential candidates have offered sharply different views on how the tax laws should be changed, preserved or expanded in order to help alleviate the economic consequences resulting from COVID-19, promote policy objectives and turn around a struggling US economy. It is important to note that while the candidates’ current proposals contain very little...

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On October 1, 2020 President Donald Trump signed into law a stopgap spending measure to spending measure to fund the U.S. government through December 11, 2020. The spending measure includes a provision titled “Emergency Stopgap USCIS Stabilization Act,” which authorizes U.S. Citizenship and Immigration Services (USCIS) to expand the premium processing program and to increase program fees. Although the spending measure takes effect immediately, it is likely that USCIS will need several weeks before the agency can implement the necessary...

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On October 20, 2020, New York State issued its first guidance on the New York State Sick Leave Law (New York Labor Law § 196-b) (NYSSLL). The guidance, titled “New York State Paid Sick Leave FAQ” (FAQ) appears on the state’s new webpage dedicated to an overview of the NYSSLL, which includes, among other things, information about sick leave accruals, eligibility for sick leave, and permitted uses of sick leave. The guidance, currently consisting of 44 questions and answers, addresses a multitude of...

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Worker classification is a hot-button issue these days, with high stakes for employers and workers.  In September, the US Department of Labor (DOL) proposed a new rule clarifying the test for independent contractor status, which would enable companies to more easily classify workers as independent contractors by emphasizing two “core” factors: the worker’s degree of control over the work; and their opportunity for profit and loss based on their initiative and/or investments. By contrast, in 2019, California passed A.B....

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Key Notes: New rule will provide consistent framework for fund of fund arrangements. Reliance on the new rule will require compliance with certain conditions. Existing fund of funds exemptive orders will be rescinded. On October 7, the Securities and Exchange Commission (SEC) adopted Rule 12d1-4 (Rule), which establishes a comprehensive regulatory framework for fund of funds arrangements. Prior to its adoption, fund managers navigated a complex and sometimes inconsistent regime of rules and exemptions to engage in fund of funds...

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