Posts By: Jason Resnick

Update on Interview Waiver for Nonimmigrant Visa Applicants

The U.S. Department of State has announced new categories of nonimmigrant visa applicants who can waive the in-person interview requirement. Starting from January 1, 2024, first time H-2 visa applicants and other nonimmigrant visa applicants who have previously received a nonimmigrant visa in any classification (except B visa) can apply for an interview waiver if they meet certain legal and…

Update on H-2A Wage Rates (AEWRs) Effective January 1, 2024

The U.S. Department of Labor has recently published its notice announcing the updated Adverse Effect Wage Rates (AEWRs) that will be effective from January 1, 2024. The AEWR is the minimum hourly wage rate that the DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to prevent adverse effects on the wages and working conditions of…

DLSE Issues FAQ On California’s Revised Paid Sick Leave Law

As of January 1, 2024, significant amendments to California's Paid Sick Leave Law will come into effect, impacting employers and employees across the state. The Department of Industrial Relations (DIR) has released a comprehensive FAQ regarding the amendments to the state's Paid Sick Leave Law, also known as the Healthy Workplaces, Healthy Families Act. Main Changes and Implementation…

Webinar: USDA to Announce H-2A Grant Program Know Your Rights Partner

The U.S. Department of Agriculture will host a webinar on December 21st at 12:00 PM PT to announce the Know Your Rights and Resources (KYRR) Partner for the Farm Labor Stabilization and Protection (FLSP) Pilot Program. The U.S. Department of Agriculture (USDA) is making up to $65,000,000 available in grant funding for agricultural employers via the Farm Labor Stabilization and Protection…

Full Disclosure: Arbitration Agreement Pitfalls in H-2A Visa Employment

In a significant case involving the H-2A visa program, a California appellate court ruled that an arbitration agreement in the H-2A job order was unlawful and unenforceable because it was not disclosed prior to the employee arriving to the employer’s facilities in the U.S. Under the H-2A visa program, employers must disclose all employment terms in the H-2A job order, including material…