Reading Past the Headlines: Computer Programmers Are Still Eligible for H-1B Visas

Earlier this month, headlines blared that “Computer Programmers May No Longer Be Eligible For H-1B Visas.”  This seems to have been an example of the media sensationalizing, or perhaps just misunderstanding, the actual content of the memorandum issued by U.S. Citizenship and Immigration Services (USCIS) on March 31, 2016, entitled “Rescission of the December 22, 2000 Guidance memo on H1B computer related positions.’”  Essentially, the recent memorandum simply says that adjudicators at the Nebraska Service Center (NSC) should not rely on an obsolete memorandum that previously was issued by the NSC in 2000 entitled “Guidance memo on H1B computer related positions.”  However, neither the Vermont Service Center nor the California Service Center (the two places where the vast majority of H-1B petitions are filed) have relied on the 2000 NSC memo for years.  Moreover, computer programmers and other positions in the technology sector have never been presumed to be H-1B eligible, and employers seeking to sponsor foreign workers for such positions still have to meet the criteria for a specialty occupation every time.  In other words, employers must establish that the job duties and responsibilities of the position are complex and require a bachelor’s degree or higher.

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page

Ineffective Remedial Measures Expose Institutions to Liability Under Title IX

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to take action when on notice that existing measures are ineffective. Wills v. Brown Univ., 184 F.3d 20, 26 (1st Cir. […]

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page

Federal Court Reaffirms Institution’s Responsibility for Off-Campus Activity Under Title IX

In Farmer v. Kansas State University (“KSU”), a federal district court revisited the issue of when off-campus activity that would violate Title IX becomes the responsibility of a college or university to investigate and, if necessary, remediate. In this particular case, the plaintiff alleged that she was sexually assaulted at an off-campus fraternity party. Under […]

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page

Federal Court Allows FLSA Claim for Salaried Employee to Proceed

In a recent decision, the United States District Court for the Western District of New York denied a college’s motion to dismiss an employee’s claim for unpaid overtime hours under the Fair Labor Standards Act (“FLSA”). Richard Edelmann worked at Keuka College as a Senior Technical Support Technician. When he was hired, the College offered […]

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page

Higher Education Associations Respond to USCIS Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017. Premium processing is a USCIS program that provides for a 15 day initial review in exchange for a $1,225 filing fee. […]

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page

Online Certification of Necessity for Emotional Support Animals

Under the Fair Housing Act (FHA), institutions are required to allow students to keep untrained emotional support or therapy animals in their dwelling unit as a reasonable accommodation if: (1) the student has a disability; (2) the animal is necessary to afford the student with a disability an equal opportunity to use and enjoy the […]

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page

NLRB General Counsel Issues Memorandum on Rights of Faculty and Students

On January 31, 2017, the Office of the General Counsel of the National Labor Relations Board (“OGC”) issued a memorandum describing its position on the rights of certain individual faculty members and students under the National Labor Relations Act. Drawing on three recent cases decided on union representation issues (Pacific Lutheran University, Columbia University, and Northwestern […]

Tweet about this on TwitterShare on LinkedInShare on FacebookShare on Google+Email this to someonePrint this page