Many foreign nationals working in the U.S. on a temporary work visa dream of being able to permanently live and work here through a green card. Every now and then the U.S. Immigration Service clarifies and simplifies a green card category in a manner that all of a sudden many more individuals have a shot at the category and give it a try.

Such a change happened in the green card category called “National Interest Waiver” a few years ago. The Immigration Service established a new, 3-prong framework under which individuals with an advanced degree or with exceptional ability in the sciences, arts or business can be eligible for a waiver of the need for a job offer and a test of the U.S. labor market by a U.S. employer.

In this episode of LEGALnotes, join HSE attorneys Susanne C. Heubel and Elizabeth L. Lindhome as they address how additional Immigration Service policies, such as favoring STEM degree holders, has made this once rarely used and approved category the new Black in the green card world.

Learn how to prepare for the forthcoming Title IX regulations in the latest LEGALnotes podcast by Harter Secrest & Emery, featuring hosts Katie M. Stiffler and Lindsey N. Bober. In this episode, Lindsey and Katie explore the timeline, anticipated developments, and actionable strategies for schools to adeptly navigate impending changes. From policy reviews to proactive communication and staying abreast of updates, this podcast delivers thorough guidance for educational institutions gearing up for regulatory transformations.

In this episode of LEGALnotes podcast, HSE attorney Lindsey Bober delves into the intricacies of the Family Educational Rights and Privacy Act (FERPA), a federal law that protects the privacy of student educational records. As a member of the Labor and Employment practice group, Lindsey explores the nuanced relationship between FERPA and records of student employees, emphasizing that, in certain instances, a student employee may have greater rights to access and amend their employment records than those afforded to other employees of that same situation. This insightful podcast provides valuable guidance for institutions of higher education navigating the intersection of privacy laws and employment practices. 

The final phase of an organization’s cyber incident response is one of the most critical but often overlooked parts of its Incident Response Plan—the lessons learned meeting. This phase involves gathering the Incident Response Team together to discuss the good, the bad, and maybe even the ugly—all to identify potential areas for improvement with the goal of developing a better and more efficient response process in the future. In this episode of LEGALnotes®, Harter Secrest & Emery’s Dan Altieri, USI’s Mana Patel, and Avalon Cyber’s Kyle Cavalieri discuss the importance of holding these lessons learned debriefs after a cyber incident.

Background checks have become a key step in many employers’ hiring processes. Although it may seem relatively straightforward - run a check and make a decision based on the results - employers need to be mindful of the various federal, state, and local requirements that govern the procurement and use of criminal background check information. In this episode of LEGALnotes, join Labor and Employment attorneys Chloe Macdonald and Lindsey Bober for a high-level overview of what employers should consider when conducting background checks on applicants and employees.

In this episode of LEGALnotes, HSE Employment Partner, Benjamin E. Mudrick and Immigration Senior Counsel, Susanne C. Heubel, discusses the upcoming New York State law on Pay Transparency and the potential impact on employers, job seekers, and job holders.

In this episode of LEGALnotes, HSE Senior Associate, Anna S. M. McCarthy discusses the latest changes to the New York laws on Breastfeeding Accommodation Requirements.

In this episode of LEGALnotes®, HSE Corporate and Cannabis Law attorney Michael Roche provides an update on the current state of cannabis licensing in New York State, including the status of applications for conditional cultivator and conditional processor licenses, as well as the approaching deadline for Conditional Adult-Use Retail Dispensary (“CAURD”) license applications. Mike also dives into the details of the CAURD licenses, including who can apply, and who the Office of Cannabis Management’s intended targets are for approvals.

In this episode of LEGALnotes®, HSE Immigration attorneys Glenn Schieck and Susanne Heubel dive into the annual H-1B Visa Lottery process by discussing how employers should plan for this process, what the registration and filing steps are, and what to do if their employees are not selected in the lottery.

In this episode of LEGALnotes, partners Ben Mudrick and Jack Brill discuss some complex issues that can arise in connection with the planning and implementation of employee layoffs. This episode, which is an extension of Ben’s recent column in the Rochester Business Journal titled “Navigating the Rough Winds of Employee Layoffs,” addresses issues such as the importance of adopting a written severance plan (and potential downsides), ERISA implications, and employee benefit best practices.