Administrative Agency Developments: December 2017 | Practical Law

Administrative Agency Developments: December 2017 | Practical Law

This Legal Update reports on select federal administrative agency developments which occurred through December 2017, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices, and agreements with agencies.

Administrative Agency Developments: December 2017

Practical Law Legal Update w-011-9062 (Approx. 5 pages)

Administrative Agency Developments: December 2017

by Practical Law Labor & Employment
Published on 03 Jan 2018USA (National/Federal)
This Legal Update reports on select federal administrative agency developments which occurred through December 2017, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices, and agreements with agencies.

Department of Homeland Security (DHS)

US Citizenship and Immigration Services (USCIS)

  • December 2017: According to the USCIS, E-Verify records that are over ten years old, dated on or before December 31, 2007, must be disposed of; the new Historic Records Reports should be downloaded by February 28, 2018.
  • December 22, 2017: E-Verify recently added a new automated client enrollment feature for E-Verify employer agents to sign their memorandum of understanding (MOU) electronically. This new feature eliminates the need to sign MOUs by hand.
  • December 21, 2017: USCIS announced that it has reached the congressional mandated H-2B cap for the first half of fiscal year 2018. December 15, 2017 was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after December 15 that request an employment start date before April 1, 2018.
  • December 21, 2017: USCIS has updated its policy on determining Cuban citizenship for those born outside of Cuba. USCIS is no longer considering a consular certificate documenting an individual's birth outside of Cuba to a Cuban parent as sufficient evidence of Cuban citizenship.
  • December 20, 2017: USCIS announced that the Temporary Protected Status (TPS) designation for Nicaragua will end on January 5, 2019. DHS also automatically extended for 60 days the validity of Employment Authorization Documents (EADs) issued under the TPS designation for Nicaragua that have a January 5, 2018 expiration date. These existing EADs will now be valid through March 6, 2018.
  • December 20, 2017: USCIS announced in November that there would be no determination on Honduras' Temporary Protected Status (TPS) designation. As a result, the postponement automatically extended the TPS designation for Honduras for six months, through July 5, 2018. DHS also automatically extended for 180 days the validity of Employment Authorization Documents (EADs) issued under the TPS designation for Honduras that have a January 5, 2018 expiration date. These existing EADs will now be valid through July 4, 2018.
  • December 19, 2017: USCIS announced that it will be opening the door to its updated Electronic Reading Room to fulfill its commitment to increase transparency. The reading room contains cleared policy documents, external correspondence, and information that has been requested at least three times and has been provided under the Freedom of Information Act.

DOL

Employment & Training Administration (ETA)

  • December 21, 2017: The ETA issued a notice to announce the 2018 Adverse Effect Wage Rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock.

Wage and Hour Division (WHD)

  • December 12, 2017: The WHD announced that it signed a collaboration agreement with the New Mexico Office of the Attorney General to combat human trafficking in New Mexico.

EEOC

  • December 8, 2017: The EEOC announced that it released for public comment a draft of its Strategic Plan for Fiscal Years 2018-2022. Comments must be submitted by 5:00 pm ET on Jan. 8, 2018.

NLRB

  • December 12, 2017: The NLRB published a Request for Information in the Federal Register asking for public input regarding the Board's 2014 Election Rule, which modified the Board's representation-election procedures located at 29 CFR parts 101 and 102. Responses to the request for information must be received by the Board by February 12, 2018.

General Counsel of the NLRB

  • December 22, 2017: The Division of Operations Management in the General Counsel's office issued an Operations-Management memorandum following the landmark ruling in PCC Structurals, Inc. (365 N.L.R.B. No. 160 (Dec. 15, 2017)). The memorandum offers guidance to the regions on effectuating the doctrinal change in active representation cases.
  • December 1, 2017: The new General Counsel of the NLRB issued a memorandum detailing his plans and directing NLRB Regional Offices to submit to his Division of Advice for review cases involving "significant legal issues."

US Department of Defense

  • December 11, 2017: In Doe 1 v. Trump ( (D.C. Cir. Dec. 22, 2017)), the US District Court for the District of Columbia refused to halt an injunction against the Trump administration's efforts to stop transgender troops from serving in the US military.

US Department of State (DOS)

  • The DOS has revised its US visa portal and updated the links to various DOS webpages.

US Department of Transportation (DOT)

  • December 1, 2017: The DOT published guidance to help employers update their drug and alcohol policies. The drug testing panel used by the DOT's operating agencies changed on January 1, 2018.
For additional labor and employment developments, see Labor & Employment: Updates.