In this CNN Español interview with Anchor Gabriela Frias, GYH Partner Sandra Grossman shares her views on the 545 children who remain separated from their parents due to the 2017 pilot program secretly instituted by the Trump administration. What are the legal remedies for these children? What are their rights while they remain in the United States? Can the Trump administration be held legally accountable for these continuing separations? Sandra discusses lawsuits filed by Southern Poverty Law Center and the ACLU to answer some of these questions. For more information on how you can support these organizations and the important work they are doing, please visit their websites and donate. (Interview in Spanish)
Se buscan: padres de 545 menores de edad que fueron separados en Estados Unidos. Revisamos las imlicaciones legales de este drama humano con la abogada Sandra Grossman.
Law360 published an article covering a Lawsuit filed by Becki Young on behalf of client, Quince Restaurant, a three-star Michelin establishment. The lawsuit claims that when USCIS denied the H-1B petition for accountant, Longqi Kang, it ignored the Immigration and Nationality Act's provision allowing for degree equivalents. Becki Young told Law360, "The current administration is just trying to find any reason to deny H-1B cases, even if it means blatantly disregarding its own regulations or blatantly disregarding evidence." This is among the latest of several lawsuits alleging USCIS has been "unreasonable and unlawful" in its denials of H-1Bs petitions.
Calf. Restaurant Says Gov't Ignored Evidence For Work Visa, Law360, July, 14, 2020. (Becki Young quoted as the attorney in this lawsuit)
The attorneys originally wrote the article to address clients' questions about compliance during the Coronavirus pandemic, advising that the Fraud and National Security Division of U.S. Citizenship and Immigration Services is likely to see payment of less than the I-129 rate as an H-1B violation and could expose employers to back-pay liability under Department of Labor regulations.
Before Denise and Yeon Me submitted their article, another attorney published an article on the topic, which took a more relaxed stance on how to handle H-1B wages during the pandemic. Denise and Yeon Me revised their article, which was then published by Law360 as a rebuttal to the original perspective.
GYH's rebuttal and stance on H-1B wage compliance during the pandemic is available here: Risks Of Including H-1B Workers In Companywide Pay Cuts
The Coronavirus pandemic is creating major obstacles for employers seeking to hire foreign workers under H-1B specialty occupation visas. Employers are already challenged with predicting future hiring needs and filing petitions remotely. Law360 reached out to GYH Managing Partner Becki Young for comment on its recent article, "Pandemic Creates Roadblocks During H-1B Visa Cycle."
Becki Young shared examples of fitness company client that opted not to proceed with a planned H-1B sponsorship after it was forced to close and restaurant and hospitality sector clients calling to find out whether they can lay off, furlough or cut hours for employees on H-1B visas.
Law360 requires a subscription to view many of its articles.
This year, the United States Customs and Immigration Service (USCIS) rolled out a new electronic pre-registration system for H-1B petitions, bringing in a record 275,000 H-1B petitions, a 37% increase over last year. While the pre-registration process clearly makes it easier for firms to apply for the H-1B lottery, this boon was fleeting. Many of these visa petitions were filed before the Coronavirus pandemic was in full effect, causing many business to shutter and, in many cases, terminate or furlough employees. The question now is whether employers will proceed with H-1B applications or drop their plans for visa sponsorship.
Tech Target asked GYH Managing Partner Becki Young for her expert opinion.
"[Some businesses that] are currently shut down or operating at partial capacity have asked us to proceed with their cases," said Young. "That's because some employers have sponsored H-1B work visa holders with unique skills to fill special roles. The clients have often invested substantial resources into recruiting these individuals, and don't want to lose them."
Full article here.
The plight of restaurant workers and other hospitality employees amidst the Coronavirus pandemic has been all over the news. Less discussed are the compounded struggles of the large percentage of those hospitality workers who are also immigrants. For those eligible for unemployment, is it even advisable that they apply, considering the recent roll-out of the new Public Charge Rule?
GYH Managing Partner, Becki Young, explained to Washington City Paper how lawyers are divided on the subject. “Everybody who applies for a temporary visa has to answer a question about if they’ve ever collected public benefits,” Young says. “My colleagues and I are still concerned that USCIS and the federal government have a huge amount of discretion.”
For the full article and Becki's complete commentary, click here.
Last week, the federal government announced it is loosening certain in-person form and document review requirement for employment eligibility verification. Employers are permitted to review I-9 eligibility documents electronically if their organization is teleworking due to the COVID-19 emergency. Typically, employers are required to review the original documents in person. Now, employers will be expected to conduct the in-person review once normal business operations resume. The agency also gave employers an additional 60 days to respond to audits if they were served with a notice of inspection in March, saving employers and their attorneys from having to collect physical documents when the CDC is urging Americans to stay home.
Last week, U.S. Citizenship and Immigration Services (USCIS) also announced that it is suspending its premium processing requirement and temporarily issued a waiver allowing reproduced signatures on documents previously requiring original, "wet" signatures.
Law360 reached out to Becki Young for input on these temporary changes. "I think this will be a huge relief," said Young of the signature waiver. "This is what we've been hoping for all week." She also warned foreign nationals that, in light of recent events, green card applications may take longer than expected.
If you have a Law360 membership, you may view the full article here.
"Feds Relax In-Person Rules For I-9, Visa Forms Due To Virus," Law360, March 17, 2020 (Beck Young quoted).
USCIS announced on March 16th, days before its first ever electronic preregistration period was scheduled to close, that is is temporarily suspending premium processing for all H-1B visas until the end of May at the latest. Law360 reached out to GYH Managing Partner, Becki Young, for insights into the impacts of this suspension on employers.
"This is not a big deal. That's just business as usual for USCIS," said Young... "If they were to expand the premium processing freeze to other categories, that
would definitely create more issues."
Premium processing remains available to workers who already have H-1B visas and are applying for extensions. Young noted, however, that too could
face suspension in light of public health concerns stemming from COVID-19, which are already presenting staffing concerns for companies across all industries.
If you have a Law360 membership, you can view the full article here.
"USCIS Pauses Fast-Tracked Processing for H-1B Visas," Law360, March 17, 2020. (Becki Young quoted)
GeneralCounselNews.com, a aggregator of news and announcements for general counsel, executives, other in-house attorneys and private practice attorneys throughout the United States, reported Meg Hobbins' promotion to Partner in its Law Firm and Lawyer accolades section last week. To see the full announcement, click here.