Recent Publications - Appeals


New Rules for Premium Visa Processing and H-1B Data Hub
March 20, 2019 | Immigration | Employment & Labor
On March 19, 2019, the United States Citizenship and Immigration Services (USCIS) announced two major changes to the H-1B visa program. First, USCIS will allow a modified form of premium processing for H-1B visa petitions that are subject to the annual cap (“cap-subject H-1B petitions”). In the past two years, USCIS had suspended premium processing …
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What Employers Need to Know Now about H-1B Visas
March 6, 2019 | Employment & Labor | Immigration
It is now H-1B visa season, meaning that the U.S. Department of Homeland Security (DHS) is accepting H-1B visa applications from April 1st to April 5th. The H-1B visa program has come under intense public scrutiny over the last two years. In response to perceived abuses in the H-1B program, President Trump issued the “Buy …
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Choice of Law Can Be Key When Fighting Life Insurance Fraud
March 1, 2019 | Appeals
A stranger-originated life insurance (STOLI) policy is a life insurance policy obtained as an investment for a stranger, rather than for the benefit of the insured’s beneficiaries. Public policy disfavors STOLI policies because, among other things, legislators consider them to be wagers on human life. See, e.g., N.Y. Ins. Law §7815(c) (“No person shall directly …
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DHS Proposes Termination of H-4 Work Authorization
February 28, 2019 | Immigration | Employment & Labor
On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers. Proactive employers can avoid a disruption …
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Home Court Advantage Makes a Difference For Clients
February 12, 2019 | Appeals
Commentary: Those who bet the spread in football games know that the being the home team is worth three or so points. Teams fight all year to have home field advantage in the playoffs. In lawsuits, being the home team also matters. If you are going to be sued, or if you intend to bring …
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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Immigration | Employment & Labor
On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here. According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular …
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The False Claims Act: A Powerful Tool Against Federal Health Care Program Fraud
January 4, 2019 | Appeals
The most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview, October 1, 1986 – September 30, 2018”) made it quite clear that the federal government continues to seek to combat fraud by health care providers against federal health care programs such …
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Trump Administration Proposes Changes to H-1B Lottery
January 3, 2019 | Immigration | Employment & Labor
The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed.  U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year. The proposed rule would make two important changes …
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USCIS Clarifies 1-Year Foreign Employment Requirement for L-1 Visas
December 4, 2018 | Immigration | Employment & Labor | Corporate
The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status. An L-1 visa permits …
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Insureds’ Materially False Statements Can Doom Insurance Coverage for Their Claims
November 2, 2018 | Appeals
There are many different kinds of insurance fraud, as this column regularly observes. There can be fraud contained in applications for insurance policies, fraudulently staged accidents, and fraudulent claims by health care providers treating injured policyholders, among other things. Insurance policies try to eliminate, or at least to cut down on, insurance fraud in a …
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