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Nadine T. TrinhBlog Posts

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  • Announcement: California Employers Required to Include Pay Range Information in Advertisements, Effective 1/1/2023

    On September 27, 2022, Governor Gavin Newsom signed an amended version of California SB-1162, Employment: Salaries and Wages. Among the new provisions which will become effective on January 1, 2023 is the requirement that California employers with at least 15 employees include the pay scale for any position in any job posting, including advertisements posted by third... Continue Reading
    September 28, 2022
  • Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings

    Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join that list. If the amended version of California’s SB-1162, Employment: Salaries and Wages, is signed by Governor Gavin Newsom, California employers with... Continue Reading
    September 12, 2022
  • Prevailing Wage Rule for High-Skilled Foreign Workers Effective November 2022

    The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration states that it continues to... Continue Reading
    May 19, 2021
  • Public Charge Rule Blocked by Federal Court

    On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia. The Court found the rule was inconsistent with any reasonable interpretation of the statute which requires long-term dependence on government support, not temporary resort to... Continue Reading…
    December 4, 2020
  • Public Charge Rule Blocked by Federal Court

    On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia. The Court found the rule was inconsistent with any reasonable interpretation of the statute which requires long-term dependence on government support, not temporary resort to... Continue Reading
    December 4, 2020
  • Travelers from New York Allowed into Trusted Traveler Programs Again

    New Yorkers can once again register for Trusted Traveler Programs. However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020. In early February 2020, the Department of Homeland Security (DHS) prohibited New Yorkers from registering or re-registering for Trusted Traveler Programs, including Global Entry, SENTI,... Continue Reading
    August 7, 2020
  • Goal of Establishing Merit-Based Immigration System Undermined by Visa Hurdles

    The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to attract “individuals who provide a cure for cancer or build that first subdivision on Mars.” Yet, it is becoming harder to obtain visas...… Continue Reading
    September 16, 2019
  • Bill for New Visa Waiver Program for Caribbean States to Enter U.S. Virgin Islands Introduced

    While all citizens of 38 (primarily European) visa waiver-eligible nations may enter the U.S. Virgin Islands for up to 90 days using ESTA, and United States citizens may enter most of the Caribbean Community Member States (CARICOM) for tourism or as business visitors without a visa, citizens of CARICOM cannot enter the U.S. Virgin Islands without...… Continue Reading
    January 25, 2019
  • Proposed ‘Public Charge’ Rule Kicks Up Controversy

    The 60-day comment period for the Administration’s new “public charge” rule just closed. There is currently no definition for “public charge” in the rule, but a public charge is understood to be an alien who depends on the government for subsistence, as demonstrated by the receipt of cash assistance for income maintenance or institutionalization for...… Continue Reading
    December 11, 2018
  • Requirements for H-1B Petitions Involving Third-Party Worksites Are Unlawful, Lawsuit Alleges

    USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges. Just before the 2019 H-1B filing deadline, USCIS issued a memorandum clarifying that petitioners who send employees to third-party worksites must provide significantly more evidence to show that...… Continue Reading
    May 15, 2018

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