Washington D.C. Employment Law Update : Washington D.C. Employment Lawyer & Attorney : Littler Mendelson Law Firm : Virginia, Tyson's Corner

• The U.S. Citizenship and Immigration Service (USCIS) is pursuing a regulatory initiative that will provide for visa number lottery selection of H-1B petitions based on electronic registration.
• The USCIS is considering proposing a revised registration process for cap-subject H-1B petitioners. The proposed rule would create a process by which USCIS would randomly select a sufficient number of timely filed registrations to meet the applicable cap. Only those petitioners whose registrations are randomly selected would be eligible to file an H-1B petition for a cap-subject prospective worker. This rule would eliminate the need for petitioning employers to prepare and file complete H-1B petitions before knowing whether a prospective worker has “won” the H-1B lottery. The rule would also reduce the burden on USCIS of entering data and subsequently returning non-selected petitions to employers once the cap is reached.
• The U.S. Immigration and Customs Enforcement (ICE) plans to issue a final rule allowing electronic signature and storage of the I-9 employment eligibility verification form. The rule would essentially update Form I-9 by responding to comments and make minor changes to the interim final rule that was published in 2006.

The USCIS also plans to issue both proposed and final regulations relating to the I-9 form. A proposed rule would remove documents that are not state-issued from the list of documents considered acceptable for proof of identify (List B documents). The USCIS intends to issue a final rule that adopts an interim rule issued last year that removed expired documents from the list of acceptable identification documents. 

This entry was written by Ilyse Schuman.

It is anticipated that the CDC and federal and state Occupational Safety and Health agencies will issue new guidance regarding swine flu.  Once the new guidance is received, employers should review their pandemic plan to ensure it is consistent with the guidelines

In the meantime, the most effective way to prevent spreading the virus is to avoid close contact with potentially infected people. Because influenza is thought to spread mainly person-to-person through coughing or sneezing, it is important to take precautions by covering your nose and mouth with a tissue when you cough or sneeze. Wash your hands often with soap and water, and avoid touching your eyes, nose or mouth. Alcohol-based hand cleaners are also effective. If you or members of your household get sick, the CDC recommends that the ill person stay home from work or school and limit contact with others. 

For more information, see Littler's ASAP: Swine Flu: Preparing the Workplace for a Pandemic by Steve McCown and Donald W. Benson.

In addition, Littler will be offering a webinar on Tuesday, May 5, 2009 and invites interested parties to attend a more detailed discussion of the issues faced by employers in developing effective pandemic plans. Click here for information about Littler's webinar.