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Quick Hits USCIS will require employment-based adjustment of status (“green card”) applicants to use the Visa Bulletin’s Final Action Dates chart in September 2026. Final action dates for EB-1, EB-2, EB-3, and EB-5 remain unchanged from August 2026; EB-2 India continues to be unavailable. The State Department warns that EB-1 India, EB-2 (all countries), and EB-5 Unreserved categories may retrogress or become unavailable before the fiscal year closes on September…

Quick Hits Colorado’s proposed AI regulations require employers to disclose the use of automated decision-making technology when making significant employment decisions starting January 1, 2027. Employers would need to explain how AI influenced decisions and provide detailed information about the data sources used if an adverse outcome occurs. The proposed rules emphasize transparency and consumer rights and would mandate clear disclosures and technical requirements for request mechanisms for affected employees.…

Quick Hits On August 25, 2026, Canada announced new support programs to help employers impacted by the latest round of U.S. tariffs retain workers, fund training, and avoid layoffs. Extended Employment Insurance (EI) measures allow laid-off or separated employees to access benefits sooner and alongside severance payments. Employers may want to assess eligibility for workforce, EI, and financial support programs when planning staffing or separation decisions. Here is a summary…

Quick Hits Spain published its draft Royal Decree on 4 August 2026, and Portugal published its draft proposal on 5 August 2026. Consultation for both drafts closed recently—24 August for Spain and 25 August for Portugal. Further legislation is expected to provide greater clarity on unaddressed provisions. Despite being published within days of each other, the approaches taken by the two governments vary considerably. Both drafts have been open for…

Quick Hits In Hillsborough County v. Giambrone, a Florida appellate court overturned a lower court’s unprecedented ruling that required a county to accommodate a firefighter-paramedic’s off-duty medical marijuana use after a positive random drug test. The court emphasized that the language in the parties’ collective bargaining agreement (CBA) and drug-free workplace policies must be carefully considered. The court also held that Florida’s medical marijuana framework does not: 1) create a…

Quick Hits On July 9, 2026, Governor Mike Kehoe signed a law extending legal protections under USERRA to Missouri National Guard members and Missouri employees of other states’ National Guards. The law extends the Servicemembers Civil Relief Act (SCRA) to Missouri National Guard members and Missouri employees of other states’ National Guards called to active state duty for more than thirty consecutive days. National Guard members who are public employees…

Quick Hits DHS is proposing a $103,265 fee for every new fiscal year (FY) 2028 H-1B cap-subject petition on top of all existing fees. The fee would apply to all cap-subject employers, regardless of size. The fee would not apply to cap-exempt petitions (i.e., those filed by universities, nonprofit research organizations, and government research organizations) or to petitions to extend or amend existing H-1B status or to change an existing…

Quick Hits A California appellate court reinstated a $13.1 million jury verdict in a gender discrimination case, rejecting trial court limits on noneconomic damages. The court found the trial court had erroneously found a cap on damages for noneconomic damages, even when limiting claims to “usual” distress. The court further held that witnesses are competent to testify to their own retirement plans to support future economic damages. In Glick v.…

Quick Hits OFCCP finalized three rules rescinding and revising federal contractors’ and subcontractors’ affirmative action obligations following the 2025 revocation of EO 11246. The final rules significantly modify obligations under Section 503 by rescinding disability self-identification invitations and the 7 percent utilization goal, rescinding OFCCP’s race- and sex-based regulations, and making technical amendments to the VEVRAA regulations. The rules have varying effective dates, which means that contractors will need to…

Quick Hits San Francisco recently amended its Fair Chance Ordinance to prohibit employers from making adverse employment decisions based on out-of-state criminal convictions or arrests for abortion, miscarriage, gender-affirming care, and drag performances. If an employer sends notice to a candidate or employee regarding an intent to take adverse action based upon a criminal history and the candidate or employee timely responds, the employer must send a reply within fourteen…