Alerts Archive

The Novel Coronavirus (COVID-19) pandemic has elicited extraordinary suppression and mitigation measures from all levels of government in the U.S. and around the world. It is difficult to fathom the extent to which the economy, global and domestic travel, and life as we knew it have been disrupted in the span of only a few weeks. Lawmakers have been in the difficult position of having to weigh the public health implications of their policy decisions against the economic impact on businesses and individuals. At all levels, our governments have been taking steps to address mitigation of business and individual losses incurred during the pandemic.

Like many areas, the U.S. immigration system has been greatly impacted by the COVID-19 pandemic. Below is a summary of the most critical information effecting employers and their foreign workforce during this time.

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued additional broad and unprecedented regulatory waivers and new rules to enable the U.S. healthcare system to have maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-19) pandemic.

H-1B Electronic Registration Selection Process Completed U.S. Citizenship and Immigration Services (USCIS) announced that the annual limit for Fiscal Year (FY) 2021 H-1B cap-subject petitions has been met and that the lottery selection process has been completed.

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued additional broad and unprecedented regulatory waivers and new rules to enable the U.S. healthcare system to have maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-19) pandemic.

At 5:00 p.m. on Monday, March 30, 2020, all citizens and businesses of North Carolina will join hundreds of millions of others in the United States that are subject to state or local government issued “stay-at-home” orders. On March 27, 2020, North Carolina Governor Roy Cooper issued a statewide stay-at-home order via Executive Order 121, “Stay-At-Home Order and Strategic Directions for North Carolina in Response to Increasing COVID-19 Cases” (Stay-At-Home Order”). The Governor stated several findings as the basis for the Order, including that 763 COVID-19 cases across 60 counties had been confirmed in the state, widespread community transmission of the virus is occurring, and local control of the emergency has been insufficient to protect the lives and property of North Carolinians.

The most vulnerable among us who are preyed upon for the economic benefit of another -- victims of human trafficking -- just got more vulnerable. It goes without saying that this global public health and economic crisis will touch most industries and systems. Developing and maintaining an effective response to human trafficking ought to remain high priority for our government agencies, schools, healthcare workers, law enforcement, courts and financial service providers. Perpetrators may take advantage of our fragile communities and temporary processes, causing already vulnerable people to become even more susceptible to victimization. 

In an effort to help slow the spread of COVID-19, both U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (US DOS) announced that in-person services were being temporarily suspended.

For the last three weeks or so, the federal and state banking agencies, collectively and individually, have, with increasing urgency, called on financial institutions to meet the financial needs of customers impacted by the COVID-19. Congress has now codified some of the guidance in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). To assist our clients in understanding the scale and scope of the regulatory actions, we describe the state of play as we know it today.

The shuttered storefronts and grounded airplanes that by now have become an all too familiar image of the COVID-19 pandemic are quickly creating a ripple effect through the U.S. economy. As unemployment rises and Americans struggle to pay their bills, federal and state governments and agencies are rushing to provide aid to those most impacted by the virus. A key focus of those efforts has been on mortgage related relief. This article canvasses the rapidly changing regulatory environment related to single family mortgage loans and provides an overview of the relief available to homeowners at both the national and state level.

Charlotte Privacy & Data Security Counsel Leslie Pedernales was quoted in the Law360 article titled, “Lawsuit Debate Again Derails Wash. State Privacy Legislation” which was published on March 13.

Charlotte Immigration Associate Amanda Franklin was quoted in the TechTarget article titled, “H-1B lottery change may drive increase in visa applicants.”

WHAT IS CHARLOTTE TRIAGE?

In September of 2018, the Charlotte legal community came together, to initiate a pro bono program we called Charlotte Triage. Charlotte Triage brings pro bono volunteers together to assist Legal Aid and Charlotte Center for Legal Advocacy in the key areas that particularly affect economic mobility and opportunity: housing, criminal record expungement and healthcare.

MVA 2019 Annual Public Service Report

Welcome to the second edition of our MVA Today Alumni Newsletter. We hope that you enjoyed the inaugural issue and that you will find this version informative. We wanted to start off this update with a focus on diversity and inclusion.

Charlotte Litigation Member and member of the N.C. Board of Transportation Tony Lathrop was quoted in the UNC Charlotte Urban Institute's article, "Charlotte is 'on the cusp' of its first true regional transit plan," which was published on May 15. The article discusses how the Charlotte region is taking concrete steps towards building a regional transit system that crosses county lines. However, there are many questions remaining and the main question is, "Who will pay?"

The article discusses whether communications and marketing team members should be more specialized and how to evaluate what skills are needed. For many in the industry, these are the decades old questions about how to combine the strengths of team members, including agency support, within larger marketing and communications divisions. The questions about specialization exist for smaller groups of teams within one of these domains as well.

December 13, 2018: The Gaston County Economic Development Commission is pleased to announce that Sonic Automotive, Inc. has cho¬sen to locate its newest office operations in Lowell. Located at 109 Kenworthy Avenue in Lowell, the facility will house marketing and ad¬vanced customer care operations for Sonic Automotive, Inc. Approximately 500 jobs will be created within a five-year period with an invest¬ment of $11.2 million. Sonic Automotive, Inc., a Fortune 500 company and member of the Russell 2000 Index, is among the largest automotive retailers in the Unit- ed States. Sonic Automotive's Lowell operation will provide support of sales operations of the Sonic Automotive family. Sonic’s dealerships provide comprehensive services, including sales of both new and used vehicles, vehicle service and the ability for customers to sell used vehicles to Sonic and EchoPark Automotive stores.

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020).

The nation’s political divide was reflected in last night’s Congressional elections. Republicans will maintain control of the Senate, but Democrats have gained control of the House of Representatives. In the North Carolina Legislature, Democrats picked up enough seats in the House of Representatives to break the Republican supermajority. Democrats appear to have picked up the six seats needed to do the same in the Senate, but there are a number of races too close to call.

Family offices, and the investment professionals serving them, have long been participants in traditional M&A transactions. Of late, however, middle market and lower-middle market family offices are experiencing an increased migration of private equity professionals from traditional private equity funds. This migration has prompted an increased need for investment professionals (and their advisors) to consider the often-perceived sleepy legal field of trusts and estates when structuring both a family office itself and its transactions.

Charlotte Immigration Associate Amanda Franklin was quoted in the Society For Human Resource Management’s (SRHM) article titled, “Stay Error-Free When Disposing of Old I-9s,” that was published on November 2.

With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and plan for renewals if necessary.

Online registration for the DV-2020 program begins on Wednesday, October 3, 2018 at 12:00 noon, Eastern Daylight Time (EDT), and concludes on Tuesday, November 6, 2018 at 12:00 noon, Eastern Standard Time (EST).Eligibility requirements and instructions for the DV Lottery can be found in the Federal Register. There is no fee to register for the program, however applicants must apply online by submitting an Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) at dvlottery.state.gov. The registration via this site will open at noon EDT on Wednesday, October 3, 2018.

Charlotte Privacy and Data Security Member Karin McGinnis was quoted in Law 360 on September 20. The article titled, “What In-House Counsel Can Do To Fight Cyberthreats,” discusses how in-house counsel can play a pivotal role in helping their businesses prepare for possible data breaches, as companies of all sizes across industries seek to maintain security amid unprecedented challenges from cyberattacks.

USCIS announced that it will continue the current suspension of premium processing service for H-1B cap-subject petitions through an estimated date of February 19, 2019. In addition, as of September 11, 2018, USCIS will expand the suspension of premium processing services to all H-1B petitions filed at the Vermont and California Service Centers, excluding certain cap-exempt filings.

In its September Visa Bulletin, U.S. Department of State (DOS) announced that the final action dates for several employment-based (EB) visa categories will significantly retrogress as of September 1, 2018. This retrogression is expected to be temporary and as of October 1, 2018 (the first month of fiscal year 2019), the final action dates are anticipated to be returned to those established for August.

2018 is already shaping up to be an interesting election year. Legislative redistricting and a possible “Blue Wave” have given Democrats hopes of breaking the supermajorities in the North Carolina House of Representatives and Senate and hopes of winning a majority in one or both chambers of the North Carolina General Assembly. This election year also features a record number of women candidates matching the rise seen nationally.

Vacation season is just around the corner. Whether you are a tourist, U.S. permanent resident, or hold a temporary visa, having the proper documentation is essential to your international travel. Discovering an expired document too late can derail your travel plans and be costly to rectify. This brief guide will help you get a jump on organizing documents such as your passport, ESTA registration, green card or nonimmigrant visa.  

USCIS has announced that it has completed all data entry of FY2019 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery.

USCIS announced today that it has completed the "H-1B Cap Lottery" to select the number of petitions necessary to meet the H-1B cap for fiscal year (FY) 2019. This year, USCIS received 190,098 H-1B petitions during the filing period, which began on April 2, 2018.

U.S. Citizenship and Immigration Services (CIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory caps for fiscal year 2019, which begins on October 1, 2018.

USCIS announced that it will temporarily suspend premium processing service for H-1B petitions that are subject to this year’s H-1B cap. This suspension of premium processing will not apply to non-cap subject H-1B petitions, such as petitions for extension or amendment of H-1B status.

In what has been heralded by one side of the political aisle as an extraordinary opportunity to fix a broken tax system and criticized by the other as a hastened effort that only added to its complexity and the benefits provided to special interest groups, Congress passed what is informally known as The Tax Cuts and Jobs Act (the “Act”) on Dec. 20, 2017, and the President officially made it the most impactful tax legislation reforming the Internal Revenue Code (the “Code” or “IRC”) enacted in over 30 years on Dec. 22, 2017.

Congress must pass stopgap legislation to avert a shutdown of the federal government by Friday, January 19th at midnight. The bill, if passed, would fund the government through February 16, 2018, setting up another potential showdown just weeks from now.  The stopgap legislation narrowly passed in the House, but is expected to face opposition in the Senate.

This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21).

On April 1, 2018, USCIS will begin accepting cap subject H-1B petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who require H-1B sponsorship, such as:

On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who may require first time H-1B sponsorship, such as:

With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and begin planning for renewals if necessary. Planning ahead can alleviate much of the stress of international travel. Here are a few questions to ask while planning your travels:

On Sunday, October 8th, the U.S. State Department (DOS) announced that effective immediately, the issuance of nonimmigrant visas to Turkish citizens will be halted.

The U.S. Mission to Turkey has suspended nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. This decision came after the arrest of a U.S. consulate employee in Istanbul and it is not clear when this suspension will be lifted.

The October 1st start date for H-1B cap-subject petitions is rapidly approaching. Foreign nationals who were selected in this year's H-1B lottery and their petitioning companies should remember several key points about the H-1B status, travel and visa issuance.

USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions.

With the Financial Conduct Authority (the “FCA”) announcing in July 2017, essentially, its intent to no longer persuade or compel panel banks to make LIBOR submissions by the end of 2021, the future of LIBOR, and its role in the trillions of dollars of interest rate products that use it as a benchmark, including over-the-counter (“OTC”) interest rate swaps, has become more uncertain.

On September 24, 2017, the Trump Administration announced an expansion of its previous travel ban, adding several countries to the list designated in the original travel ban (Executive Order 13780).

USCIS has recently enacted two policy changes in regards to permanent residency applicants applying for Adjustment of Status (AOS). These changes impact applications for Advance Parole Travel Authorization (AP) as well as requirements for in-person interviews for the final adjudication of the I-485 Application for Adjustment of Status.

USCIS has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. This includes petitions receipted in this year's H-1B lottery process, subject to the standard H-1B cap of 65,000 and the advanced degree cap of 20,000.

As of September 18, 2017, employers will be required to use the latest version of Form I-9, Employment Eligibility Verification. Form I-9 is required to verify the identity and employment authorization of all employees, including U.S. citizens.

USCIS released the new version of Form I-9 on July 17, 2017. Employers currently have the option to use the new version (dated 7/17/17 N) or continue using Form I-9 with a revision date of 11/14/16 N. However as of September 18, 2017, employers must use the new version.  

On September 5, 2017, the Trump Administration formally announced its intent to end the Deferred Action for Childhood Arrivals program, also known as DACA. What follows is a practical guide on the impact of this latest decision for DACA beneficiaries and their employers.

Over the past decade, the independent sponsor model has become increasingly prevalent in the lower middle market, with investors interested in private companies actively seeking to coinvest with prominent or promising sponsors as a supplement to direct, brokered, or other deal flow channels.