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Administrative Agency Developments: May 2016
Practical Law Legal Update w-002-2543 (Approx. 7 pages)
Administrative Agency Developments: May 2016
by Practical Law Labor & Employment
| Published on 01 Jun 2016 • USA (National/Federal) |
This Legal Update reports on select federal administrative agency developments which occurred through May 2016, 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)
- May 16, 2016: The DHS announced that the Secretary of Homeland Security is extending the designation of Honduras for Temporary Protected Status (TPS) for 18 months, from July 6, 2016 through January 5, 2018.
- May 16, 2016: The DHS announced that the Secretary of Homeland Security is extending the designation of Nicaragua for TPS for 18 months, from July 6, 2016 through January 5, 2018.
- May 4, 2016: The DHS proposed a rule to adjust certain immigration and naturalization benefit request fees charged by USCIS, including increasing the fees impacting employers and their employees. The comment period is open until July 5, 2016.
US Citizenship and Immigration Services (USCIS)
- May 26, 2016: USCIS has posted a new web page concerning the Consolidated Appropriations Act, 2016's H-1B and L-1 fee increase, which requires certain petitioners to submit an additional fee of $4,000 for certain H-1B petitions and an additional $4,500 for certain L-1A and L-1B petitions.
- May 25, 2016: USCIS updated Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment of Status To/From A, G, or NATO Status, and its instructions to a form dated 05/10/2016.
- May 20, 2016: USCIS announced that it reached its annual CW-1 visa cap for fiscal year 2016.
- May 19, 2016: USCIS announced that it reached its annual H-2B visa cap for fiscal year 2016.
- May 10, 2016: USCIS announced that on April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer, to submit an inquiry after their petition has been pending for 210 days or more.
- May 9, 2016: USCIS launched a pilot study that offers customers optional checklists (Forms I-129F, Petition for Alien Fiancé(e), and I-765, Application for Employment Authorization) to assist in the submission of form packages.
- May 9, 2016: USCIS announced that, beginning on May 11, 2016, it will use pre-paid mailers provided by petitioners to send out receipt notices for H-2A petitions.
- May 9, 2016: USCIS and the DOS announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A classification.
US Customs and Border Protection (CBP)
- May 27, 2016: CBP issued a notice announcing the designation of an approved Native American Tribal Card issued by the Hydaburg Cooperative Association of Alaska to US and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative.
- May 9, 2016: CBP issued a release clarifying the e-passport requirements for Visa Waiver program travelers.
DOL
Office of Labor-Management Standards (OLMS)
- May 26, 2016: The OLMS issued a final rule correcting forms to conform with prior changes to regulations.
OSHA
- May 18, 2016: OSHA announced certain corrections to rule document 2016–04800 (Occupational Exposure to Respirable Crystalline Silica) appearing on pages 16285–16890 in the March 25, 2016 Federal Register.
Wage and Hour Division (WHD)
- April 2016: The WHD published a new Family and Medical Leave Act Employer Guide and Poster.
EEOC
- May 17, 2016: The EEOC issued a Final Rule to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 as they relate to employer-sponsored wellness programs.
- May 17, 2016: The EEOC issued a Final Rule to amend the regulations and interpretive guidance implementing Title I of the ADA to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that ask them to respond to disability-related inquiries and/or undergo medical examinations.
NLRB
- May 10, 2016: The NLRB announced that the EEOC and NLRB have entered into an Addendum to the 2011 Revised Memorandum of Understanding between the DHS and DOL Concerning Enforcement Activities at Worksites. The Addendum modifies the 2011 MOU by setting out ways in which the EEOC and NLRB will work together with the DOL and DHS/ICE (the original parties to the MOU) to ensure that the civil worksite enforcement activities of the EEOC and the NLRB do not conflict with DHS/ICE’s worksite enforcement activities.
General Counsel of the NLRB
- May 9, 2016: The General Counsel of the NLRB issued Memorandum GC 16-03 (Seeking Board Reconsideration of the Levitz Framework), setting out the new procedure each regional office should follow after making a determination to issue a complaint alleging that an employer has violated Section 8(a)(5) of the NLRA by unlawfully withdrawing recognition from an incumbent union without objective evidence that the union actually had lost majority support ( (May 9, 2016)). UPDATE: On December 1, 2017, the NLRB's General Counsel rescinded this General Counsel Memorandum (NLRB Gen. Counsel Mem. 18-02, Mandatory Submissions to Advice, (Dec. 1, 2017).
US Department of State (DOS)
- May 6, 2016: DOS issued its June 2016 Visa Bulletin, which includes Application Final Action Dates and Dates for Filing Applications, indicating when immigrant visa applicants must submit documents to the National Visa Center.
US Office of Management and Budget (OMB)
- April 28, 2016: The OMB approved the DOL's revised directive 305 regarding Functional Affirmative Action Programs (FAAP).
For additional labor and employment developments, see Labor & Employment: Updates.