Categories
Business Immigration Law Business Law Immigration

New Rules Announced for CW-1 Employers

New visa requirements have been announced for CW-1 employers in an effort to protect American workers from displacement or disadvantages against non-U.S. workers. 

While the U.S. allows thousands of foreign employees to work in America every year, all foreign workers must have the permission to work legally in the United States and in the CNMI, or the Commonwealth of the Northern Mariana Islands (CNMI).  

Many temporary workers of CNMI, however, do not qualify under traditional temporary worker categories under the Immigration and Nationality Act. These individuals are then eligible for the CNMI-Only Transitional Worker classification, or the CW Visa.  

Here at the Benkabbou Law Firm, we prioritize keeping our clients informed of business immigration law changes that may affect our clients. We have compiled a list of the changed requirements for you:  

NEW DHS AND USCIS REQUIREMENTS FOR CW-1 EMPLOYERS 

The IFR requires new steps for employers when hiring CW-1 workers:  

  • Employers must enroll in the federal government’s online employment verification system, E-Verify, for all of their hiring sites in the CNMI;   
  • They must also be in good standing within the E-Verify program; 
  • CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor; 
  • CW-1 employers must file a semiannual report verifying the continued employment and payment of the CW-1 worker; 
  • USCIS is implementing this new statutory requirement through a new form, Form I-129CWR, Semiannual Report for CW-1 Employers.  

Other updates in the IFR include:  

  • Establishing minimum wage requirements for a CW employer; 
  • Establishing procedures for revoking an employer’s CW-1 petition; 
  • Incorporating the definition of a legitimate business as set forth in the Workforce Act.  

OUR BUSINESS IMMIGRATION SERVICES 

Business immigration law allow companies to utilize people with the specialized skills, knowledge, and investment capital they need to thrive. However, navigating these laws and determining the appropriate course of action while protecting yourself against enforcement efforts can prove to be a daunting and complex task.

With so much on the line, it is important to have a sophisticated Tampa business immigration lawyer with expertise in this area of law on your side. At the Benkabbou Law Firm, PLLC, we provide you with legal counsel you can trust to guide you through these processes, offering a range of business immigration services to meet your every need. 

If you need help paying for a business immigration attorney, please read our blog post on Covering the Cost of Immigration Fees here.

LET US HELP  

Are you an employer that needs help navigating these new changes? We can assist with filing the new forms required by the IFR.  

Or, if you are a business owner who would not like to follow the new guidelines, please connect with us so that we can help you file a petition before the deadline.  

ABOUT THE BENKABBOU LAW FIRM 

The Benkabbou Law Firm, PLLC, is a boutique law firm located in Tampa, Florida. Our firm focuses on business law, immigration law, business immigration law, and intellectual property law. At our firm, we treat our clients like family and treat their interests and dreams as our own.  

OUR COMMITMENT TO OUR CLIENTS 

At the Benkabbou Law Firm, PLLC, we value keeping our clients informed of all possible problems they may face. We provide proactive legal solutions to help our clients avoid the possibility of liability, which saves our clients money, time, and resources. In uncertain times like these, we are prioritizing the long-term interests of our clients and their livelihoods.  

To receive updates just like this, please consider subscribing to our newsletter. We skip the legal jargon and send the need-to-know updates straight to your inbox. Join our newsletter here.

DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. 

Categories
Business Law

Is Reopening Your Business a Risk?

Many businesses are reopening after weeks of closing their doors because of the coronavirus COVID-19 pandemic. In Florida, Phase 1 of Governor DeSantis’ “SAFE. SMART. STEP-BY-STEP” plan began on May 4, allowing restaurants and stores to open in diminished capacities. “Full” Phase I began on May 18 and restaurants are now allowed to serve more customers. Gyms have also reopened, as well.  

However, we may be entering Phase 2 very soon, which will allow other businesses to reopen their doors, too.

While everyone tries to navigate this uncharted territory, our firm is looking at the legal issues that may arise from reopening. We are not yet sure whether Congress will pass a law that immunizes business owners from coronavirus-related suits – but, we do know that you certainly don’t want to find out when it’s too late. 

Whether you are a business owner that has already reopened or you are planning to reopen soon, this post is for you. Business owners cannot ignore the possible liability that may ensue from improperly reopening.  

Here are four steps you can take with your business to limit your legal liability potential:  

Step One: Solidify Your “Return to Work” Employee Policy 

OUR TIP: Call us for help with your legally solid Return to Work Employee Policy. It is not enough to state your policy verbally; the policy must be properly documented and signed to be legally sound. 

 

Step Two: Reconfigure Work Spaces and Work Schedules 

  • Stagger employees’ work schedules so that only a limited number of employees are at the office at once. 
  • If some of your employees have shown that they can work productively and efficiently from home, consider allowing those employees to continue working remotely.  
  • Reorganize your workspace.  
  • Make sure that no employees are facing one another and are spaced out at least 6 feet apart.  
  • Ensure that everyone can easily maneuver the workspace without having to come into contact with anyone else. Mitigate high traffic from certain areas by having a more open furniture plan. 
  • Post signs around your office on the doors and walls reminding your employees of the procedures and policies.  

Step Three: Have Personal Protective Equipment (PPE) for your Employees 

  • Require employees to use personal protective equipment or PPE.  
  • Have PPE ready for your employees when they return back to work.  
  • Train your employees on the appropriate usage of PPE. 

Step Four: Establish Your COVID Screening Process 

  • Your Return to Work Employee Policy needs to include a screening process for your employees’ COVID symptoms. Be aware of the symptoms listed by the CDC, which you can view here.
  • Remind and require your employees to stay at home if they show any symptoms.
  • Require employees to report when someone has shown symptoms in their home.  
  • If they have reported a household member who has tested positive for COVID, make sure that the employee stays home for at least 14 days.  

IMPORTANT: Failure to have a written policy can subject you to privacy law and/or discrimination law.

ABOUT THE BENKABBOU LAW FIRM 

The Benkabbou Law Firm, PLLC, is a boutique law firm located in Tampa, Florida. Our firm focuses on business law, immigration law, business immigration law, and intellectual property law. At our firm, we treat our clients like family and treat their interests and dreams as our own.  

OUR COMMITMENT TO OUR CLIENTS 

At the Benkabbou Law Firm, PLLC, we value keeping our clients informed of all possible problems they may face. We provide proactive legal solutions to help our clients avoid the possibility of liability, which saves our clients money, time, and resources. In uncertain times like these, we are prioritizing the long-term interests of our clients and their livelihoods.  

To receive updates just like this, please consider subscribing to our newsletter. We skip the legal jargon and send the need-to-know updates straight to your inbox. Join our newsletter here.

DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.