Administrative Agency Developments: January 2016 | Practical Law

Administrative Agency Developments: January 2016 | Practical Law

This Legal Update reports on select federal administrative agency developments which occurred through January 2016, 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: January 2016

Practical Law Legal Update w-001-3369 (Approx. 6 pages)

Administrative Agency Developments: January 2016

by Practical Law Labor & Employment
Published on 02 Feb 2016USA (National/Federal)
This Legal Update reports on select federal administrative agency developments which occurred through January 2016, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices, and agreements with agencies.

Centers for Disease Control and Prevention (CDC)

  • January 26, 2016: The CDC issued a final rule to amend its regulations governing medical examinations that foreign nationals must undergo before they may be admitted to the US.

Congressional Research Service (CRS)

  • January 13, 2016: The Congressional Research Service released a report on temporary visas for professional, managerial, and skilled foreign workers. The report provides an overview of policy questions, as well as an in-depth review of the temporary employment-based visa categories.

Department of Defense (DoD)

  • January 22, 2016: The DoD, General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the Consolidated and Further Continuing Appropriations Act, 2015, that prohibits the use of funds by employers that require employees or subcontractors to sign an internal confidentiality agreement restricting them from lawfully reporting waste, fraud, or abuse to the Government. Written comments are due on or before March 22, 2016.

Department of Homeland Security (DHS)

  • January 25, 2016: DHS announced that the Secretary of Homeland Security is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2016 through November 2, 2017, and redesignating South Sudan for TPS for 18 months, effective May 3, 2016 through November 2, 2017.
  • January 25, 2016: DHS announced that the Secretary of Homeland Security is extending the designation of Sudan for TPS for 18 months, from May 3, 2016 through November 2, 2017.
  • January 21, 2016: DHS announced that it began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.

US Citizenship and Immigration Services (USCIS)

  • January 21, 2016: USCIS released a draft policy memorandum on the comparable evidence provision for nonimmigrant visa classifications. Comments are due by February 22, 2016.
  • January 12, 2016: USCIS added an Employee Rights Toolkit to its website and requested feedback in its E-Verify Listens section.
  • January 8, 2016: USCIS posted on its website the February 2016 I-485 processing dates for adjustment of status applications for family-sponsored or employment-based preference visas.
  • December 18, 2015: President Obama signed into law The Consolidated Appropriations Act, 2016 which increases fees for certain H-1B and L-1 petitioners, according to a USCIS alert.

DOJ

  • January 7, 2016: The Office of Special Counsel for Immigration-Related Unfair Employment Practices issued an updated Technical Assistance Letter concerning how to advise a client following an internal audit of Forms I-9.

DOL

  • January 29, 2016: The DOL’s Office of Foreign Labor Certification posted updated program factsheets containing selected statistics as of December 31, 2015 for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program, H-2A Temporary Agricultural Visa Program, and H-2B Temporary Non-agricultural Visa Program.
  • January 26, 2016: The DOL released a Notice of Proposed Rulemaking in which it proposes to issue nondiscrimination and equal opportunity regulations replacing its regulation which implemented Section 188 of the Workforce Innovation and Opportunity Act (WIOA).
  • January 14, 2016: The DOL's Office of Foreign Labor Certification updated the 2015 H-2B Interim Final Rule Job Order Content Checklist.
  • January 7, 2016: The DOL provided notice that, effective January 11, 2016, the Office of Foreign Labor Certification National Prevailing Wage Center would move to a new address: 200 Constitution Avenue NW, Room N-5311, Washington, D.C. 20201
  • The DOL provided Round 15 frequently asked questions relating to employer obligations and minimum job order content requirements for occupations involving a mobile workforce under the 2015 H-2B Interim Final Rule.
  • The DOL issued Round 10 of FAQs regarding the H-2A 2010 final rule: Post-certification Corporate Restructuring/Successor in Interest. Due to corporate restructuring or the sale of the business, a successor in interest will now be the employer of workers employed under an H-2A certification.
  • The DOL updated its 2016 minimum wage poster to reflect new requirements imposed by the February 12, 2014, Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors.
  • January 5, 2016: The DOL provided Round 14 FAQs on the 2015 H-2B Interim Final Rule, covering the amended Appendix B for Form ETA-9142B.

OSHA

  • December 1, 2015: OSHA and the Federal Aviation Administration have executed a Memorandum of Understanding regarding the enforcement of the whistleblower provisions in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,

EEOC

  • January 29, 2016: The EEOC announced its intention to solicit public comment on proposed changes to the Employer Information Report (EEO-1) under the Paperwork Reduction Act (PRA). The proposed changes would provide for collecting data from EEO filers on employees' W-2 earnings and hours worked. The EEOC will accept public comment through April 1, 2016.
  • January 21, 2016: The EEOC released proposed guidance on retaliation and related issues for public input. The EEOC will accept public comment through February 24, 2016.

Internal Revenue Service (IRS)

US Department of State (DOS)

  • January 29, 2016: The DOS issued a final rule amending its existing regulations governing the Teacher category of the Exchange Visitor Program.
  • January 21, 2016: The DOS announced that it began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.
For additional labor and employment developments, see Labor & Employment: Updates.