Administrative Agency Developments: December 2015 | Practical Law

Administrative Agency Developments: December 2015 | Practical Law

This Legal Update reports on select federal administrative agency developments which occurred through December 2015, 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 2015

Practical Law Legal Update w-001-1184 (Approx. 6 pages)

Administrative Agency Developments: December 2015

by Practical Law Labor & Employment
Published on 06 Jan 2016USA (National/Federal)
This Legal Update reports on select federal administrative agency developments which occurred through December 2015, and which are not covered in our full-length Legal Updates, such as information about agency posters, notices, and agreements with agencies

DOJ

  • December 17, 2015: The DOJ and DOL announced a new memorandum of understanding to increase the frequency and effectiveness of criminal prosecutions of so-called worker endangerment statutes.

US Citizenship and Immigration Services (USCIS)

  • December 29, 2015: USCIS announced that it began transferring certain casework from the Vermont Service Center to the California Service Center (CSC) and Nebraska Service Center. The CSC will now process Form I-539, Application to Extend/Change Nonimmigrant Status.
  • December 11, 2015: USCIS released adjustment of status filing dates for January 2016.
  • December 2, 2015: USCIS launched a virtual assistant named "Emma" on uscis.gov, allowing customers to quickly find accurate information. Emma answers questions in plain English and navigates users to relevant USCIS web pages.
  • November 24, 2015: USCIS posted a new Policy Memorandum providing draft guidance on the role of interpreters and to ensure their consistent use before the USCIS during interviews at US-based offices.

US Customs and Border Protection (CBP)

  • December 16, 2015: CBP released a final rule, a technical amendment amending the DHS regulations by revising the list of field offices to expand the limits of the San Ysidro, California Class A port of entry to include the Cross Border Xpress (CBX) user fee facility. This rule took effect on December 9, 2015, the date the CBX facility opened.

Employment & Training Administration (ETA)

  • December 29, 2015: The ETA disseminated emergency guidance to provide information regarding how it is implementing the new provisions of the 2016 DOL Appropriations Act for employers seeking to obtain prevailing wage determinations and temporary labor certifications under the H-2B nonimmigrant visa classification. The guidance was updated on January 5, 2016.
  • The ETA published Round 13 of H-2B Interim Final Rule frequently asked questions.
  • The ETA published Round 12 frequently asked questions related to emergency filing procedures and post-certification amendments under the 2015 H-2B Interim Final Rule.

OSHA

  • December 7, 2015: An OSHA Administrative Law Judge released a decision expressly finding that the Occupational Safety and Health Review Commission may have the authority under the Occupational Safety and Health Act to order hazard abatement measures beyond the specific violations identified in the citations.
  • December 1, 2015: OSHA and the Federal Aviation Administration have signed a Memorandum of Understanding that allows the agencies to share information regarding the anti-retaliation provision under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).

Federal Motor Carrier Safety Administration (FMCSA)

  • November 30, 2015: The FMCSA issued a regulation giving commercial truck and bus drivers additional protection from being coerced into violating federal motor carrier safety regulations. The rule becomes effective January 29, 2016.

US Department of State (DOS)

  • December 9, 2015: The DOS released its Visa Bulletin for January 2016, summarizing the availability of immigrant numbers during January.

US Office of Special Counsel (OSC)

  • December 22, 2015: The OSC, which is responsible for enforcing the antidiscrimination provision of INA § 274B (8 U.S.C.A. § 1324b), has issued a technical assistance letter from Deputy Special Counsel Alberto Ruisanchez addressing an employer's question whether it may terminate US workers and replace with contract workers on temporary visas.
For additional labor and employment developments, see Labor & Employment: Updates.