Indeed 职业定义中的年龄歧视引发的轩然大波 The Uproar Over Ageism in Career Definitions by Indeed最近的Indeed报告将45岁定义为“职业晚期”、55岁以上为“职业衰退”,引发了对年龄歧视的批评。专家如Lyndsey Simpson强调,这种标签不仅有害,还忽视了老年工作者的潜力。尽管该报告旨在描述职业阶段,但其用语引起了广泛反响,最终导致信息图的删除。像Elizabeth Isele这样的倡导者强调,多代工作力的好处,如更强的人才管道和增强的工作稳定性。
最近,Indeed的一份报告因将45岁定义为“职业晚期”、55岁以上定义为“衰退”而被批评为“年龄歧视”。来自Freelance Informer的报道指出,55Redefined Group的创始人兼首席执行官、全球老龄化人口价值专家Lyndsey Simpson在LinkedIn上发文,批评该平台发布了她所视为“公然的年龄歧视和不负责任的内容”。
Indeed的信息图将45岁定义为“职业晚期”、55岁以上为“衰退”,同时将35-45岁称为“职业中期”。根据Freelance Informer的报道,该信息图在多次投诉后已被撤下。
Simpson表示:“在55岁以上,数百万人正在他们选择的职业中找到自己的步伐,或者正在重新技能培训,重新回到劳动力市场,或者开始新的企业。”
Simpson认为,Indeed的指南延续了有害的刻板印象,削弱了老年工作者的潜力。她敦促公司认识到老年工作者的价值,并起来反对过时的偏见。
Next Up招聘机构的首席执行官Victoria Tomlinson说:“感谢成千上万分享、评论和发送电子邮件的人——Indeed已经撤下了这篇文章。”
尽管在Tomlinson的评论之后该图形仍可见一段时间,但现已被删除。
全球经验丰富的企业家精神研究所创始人Elizabeth Isele为Indeed的报告做出了贡献。她在报告中说:“多代工作力具有明显的竞争优势,原因有很多。立即,雇主就能开辟更强大、更广泛的人才渠道。你会得到一个更大的想法基因池。提高你的劳动力的连续性和稳定性。并在该劳动力中保留知识。”Isele指出,预计到2030年,55岁以上的工作者将增加1.5亿。
快讯
2024年09月03日
快讯
德州联邦法官全国范围内推翻联邦贸易委员会禁止竞业限制协议的禁令On August 20, 2024, a federal judge in Texas struck down the Federal Trade Commission's (FTC) nationwide ban on noncompete agreements, ruling that the ban exceeded the agency's statutory authority and violated the Administrative Procedure Act. This decision, just 15 days before the ban was set to take effect, marks a significant victory for employers, particularly in the healthcare sector, and a setback for medical workers who anticipated increased job mobility and wage growth. The ruling also aligns with concerns from the American Hospital Association and other industry groups regarding the potential disruptive impact of the ban. The FTC is considering an appeal, but the ruling emphasizes the ongoing legal challenges surrounding the agency's authority to regulate noncompete agreements.
德克萨斯州一位联邦法官周二推翻了联邦贸易委员会(FTC)对雇佣合同中竞业限制协议的禁令,裁定该禁令违反了《行政程序法》并超出了该机构的法定权限。
这一裁决适用于全国范围,并在禁令原定于9月4日生效前15天作出。
美国德克萨斯北区地方法院的艾达·布朗法官上个月已经做出裁定,初步禁止FTC的竞业限制禁令,但仅限于本案的原告。
然而,布朗法官在8月20日的决定中完全取消了这一规定,因为她写道,APA“并未考虑针对特定当事方的救济”。
这一决定是对美国商会——全国最大的商业游说团体——的胜利,商会与一家税务公司一起提起了诉讼。
对于医疗行业而言,这一裁决则是喜忧参半。禁令原本被认为可以帮助被限制性合同束缚的医生、护士和其他医疗工作者更容易换工作,并可能促使工资上涨。
据美国医学会称,大约35%到45%的医生受到竞业限制协议的约束。
然而,关于禁令仍有一些悬而未决的问题,包括FTC是否有法律权力颁布此禁令、是否适用于非营利性医院以及它将如何影响并购活动、医生短缺和招聘工作,特别是对较小的地区系统。
强烈反对这一禁令的强大医院游说团体——美国医院协会,对法官的决定表示了赞扬。
“这一规定是监管权力的惊人宣示……更糟糕的是,委员会没有尝试理解它对医院、卫生系统以及他们所服务的患者所产生的破坏性影响,”AHA总法律顾问查德·戈尔德在与Healthcare Dive分享的声明中说。
与此同时,FTC发言人维多利亚·格雷厄姆表示,FTC正在“认真考虑”上诉。
格雷厄姆指出,布朗的裁决并未阻止监管机构通过个案执法来追究过度限制性的竞业限制协议。
今年4月,FTC以3票对2票通过了这项禁令,该禁令将使所有现有的竞业限制协议(除了一些高级管理人员外)不可执行,并禁止签订新的此类合同。两位共和党委员投票反对这一禁令,认为FTC没有国会授权来实施它。
在周二的裁决中,布朗法官认为《联邦贸易委员会法》确实赋予FTC“制定规则以排除不公平竞争方法”的某些权力,但该机构“没有创建实质性规则”的权力,比如竞业限制协议禁令。
这一观点得到了这样一个事实的支持,即国会没有为某些FTC法规的违反规定制裁措施,“这表明缺乏实质性效力”,她说。
布朗还得出结论认为,FTC的禁令在《行政程序法》意义上是任意和反复无常的,因为它不合理地过于宽泛且没有合理解释。
法官表示,该机构未能为其决定禁止所有竞业限制协议而不是针对具体有害协议提供证据。
布朗的裁决与7月23日支持FTC的宾夕法尼亚州联邦法官的裁决相冲突,该法官拒绝阻止禁令。上周,佛罗里达州的一位联邦法官也对禁令发布了有限的禁令,认为FTC可能超越了其法定权限。
这些不同的裁决表明,FTC是否有权禁止竞业限制条款的问题可能会面临上诉审查。
快讯
2024年08月24日
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加州最高法院倾向支持第22号提案:零工工人或继续作为独立承包商加州最高法院似乎对否决选民对第 22 号提案的意见犹豫不决,该提案是一项允许共享单车公司将司机归类为独立承包商的投票倡议。大法官们在口头辩论中的提问方式表明,可能会寻求妥协,而不是完全宣布该法律无效。2020 年,58% 的选民通过了第 22 号提案,但该提案一直面临着法律挑战,其命运可能会对加州临时工的分类和福利产生重大影响。
The California Supreme Court appears hesitant to overrule voters on Proposition 22, a ballot initiative allowing ride-share companies to classify drivers as independent contractors. The justices' line of questioning during oral arguments suggested a compromise might be sought, rather than fully invalidating the law. Proposition 22, passed by 58% of voters in 2020, has faced ongoing legal challenges and its fate could significantly impact gig workers' classification and benefits in California.
加州最高法院在审理第22号提案(Prop. 22)时显得犹豫,似乎不愿推翻这项由选民在2020年通过的提案。第22号提案允许网约车公司如优步和Lyft将司机归类为独立承包商,而不是雇员。这项提案自成为法律以来,一直面临法律挑战,包括被一名高等法院法官裁定违宪,随后又被上诉法院维持原判。现在,加州最高法院正在审理这项提案是否与州议会执行完整工人赔偿系统的宪法权力相冲突。
在听取口头辩论时,法官们的提问表明,他们可能在寻求一种折中方案,而不是完全废除这项法律。首席大法官帕特里夏·格雷罗问到,议员是否可以恢复零工工人的工人赔偿,而副大法官古德温·刘则指出,选民提案的权力是否等同于立法权力,是否意味着选民在工人赔偿领域完全无权行动。
代表SEIU加州和四名零工工人的律师斯科特·克朗兰德强调,第22号提案与议会的无限权力相冲突。而代表零工公司的律师杰弗里·费舍尔则认为,宪法允许选民对任何主题采取行动,甚至可以通过提案取消工人赔偿,但他认为这距离实际情况还很远。
零工工人团体的一些成员在法庭外举行了集会,呼吁支持零工工人的权益。提案的支持者如贝区司机科拉·曼达帕特则表示,她依赖于提案中的一些规定,比如保证最低工资120%的收入,而反对者如埃德·卡拉斯科则认为法官们似乎在寻找修改提案的方法,以便让零工工人可以在某些情况下获得工人赔偿。
最高法院的七位法官将在90天内作出决定,这一决定可能会改变加州的零工经济。如果第22号提案被推翻,零工公司将受到2019年通过的第5号法案(Assembly Bill 5)的约束,这可能会要求公司为他们的140万名工人支付雇佣税,并提供额外的福利,如病假工资和超时工资。
反对第22号提案的人指出,零工工人的薪酬和福利仍然存在问题。加州大学伯克利分校劳工中心的一项研究显示,扣除费用后,网约车司机的平均时薪为7.12美元,而送货工人为5.93美元。包括小费在内,司机的平均时薪为9.09美元,送货工人为13.62美元。
这一裁决不仅会影响加州,还可能对其他地方的相关立法和条例产生影响。例如,最近在明尼苏达州,立法者通过了一项法案,设定了网约车司机的最低工资标准,而这些公司威胁要退出该州。
快讯
2024年05月22日
快讯
美国联邦贸易委员会(FTC)FTC 宣布全国范围内禁止竞业协议,详细请看
美国联邦贸易委员会(FTC)于2024年4月23日发布最终规定,全国范围内禁止非竞争协议。此举旨在通过保护工人更换工作的自由来促进竞争,增加创新,并推动经济增长。根据FTC的预测,新业务的形成将每年增加2.7%,预计每年将新增超过8500家新企业。此外,预计工人的平均收入将增加524美元,未来十年内医疗费用预计将减少高达1940亿美元。同时,预计该规定还将在未来十年内每年新增17000至29000项专利。
详情以英文版为准:
FTC Announces Rule Banning Noncompetes
FTC’s final rule will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation
Today, the Federal Trade Commission issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.
“Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,” said FTC Chair Lina M. Khan. “The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”
The FTC estimates that the final rule banning noncompetes will lead to new business formation growing by 2.7% per year, resulting in more than 8,500 additional new businesses created each year. The final rule is expected to result in higher earnings for workers, with estimated earnings increasing for the average worker by an additional $524 per year, and it is expected to lower health care costs by up to $194 billion over the next decade. In addition, the final rule is expected to help drive innovation, leading to an estimated average increase of 17,000 to 29,000 more patents each year for the next 10 years under the final rule.
Noncompetes are a widespread and often exploitative practice imposing contractual conditions that prevent workers from taking a new job or starting a new business. Noncompetes often force workers to either stay in a job they want to leave or bear other significant harms and costs, such as being forced to switch to a lower-paying field, being forced to relocate, being forced to leave the workforce altogether, or being forced to defend against expensive litigation. An estimated 30 million workers—nearly one in five Americans—are subject to a noncompete.
Under the FTC’s new rule, existing noncompetes for the vast majority of workers will no longer be enforceable after the rule’s effective date. Existing noncompetes for senior executives - who represent less than 0.75% of workers - can remain in force under the FTC’s final rule, but employers are banned from entering into or attempting to enforce any new noncompetes, even if they involve senior executives. Employers will be required to provide notice to workers other than senior executives who are bound by an existing noncompete that they will not be enforcing any noncompetes against them.
In January 2023, the FTC issued a proposed rule which was subject to a 90-day public comment period. The FTC received more than 26,000 comments on the proposed rule, with over 25,000 comments in support of the FTC’s proposed ban on noncompetes. The comments informed the FTC’s final rulemaking process, with the FTC carefully reviewing each comment and making changes to the proposed rule in response to the public’s feedback.
In the final rule, the Commission has determined that it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into noncompetes with workers and to enforce certain noncompetes.
The Commission found that noncompetes tend to negatively affect competitive conditions in labor markets by inhibiting efficient matching between workers and employers. The Commission also found that noncompetes tend to negatively affect competitive conditions in product and service markets, inhibiting new business formation and innovation. There is also evidence that noncompetes lead to increased market concentration and higher prices for consumers.
Alternatives to Noncompetes
The Commission found that employers have several alternatives to noncompetes that still enable firms to protect their investments without having to enforce a noncompete.
Trade secret laws and non-disclosure agreements (NDAs) both provide employers with well-established means to protect proprietary and other sensitive information. Researchers estimate that over 95% of workers with a noncompete already have an NDA.
The Commission also finds that instead of using noncompetes to lock in workers, employers that wish to retain employees can compete on the merits for the worker’s labor services by improving wages and working conditions.
Changes from the NPRM
Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions.
Additionally, the Commission has eliminated a provision in the proposed rule that would have required employers to legally modify existing noncompetes by formally rescinding them. That change will help to streamline compliance.
Instead, under the final rule, employers will simply have to provide notice to workers bound to an existing noncompete that the noncompete agreement will not be enforced against them in the future. To aid employers’ compliance with this requirement, the Commission has included model language in the final rule that employers can use to communicate to workers.
The Commission vote to approve the issuance of the final rule was 3-2 with Commissioners Melissa Holyoak and Andrew N. Ferguson voting no. Commissioners’ written statements will follow at a later date.
The final rule will become effective 120 days after publication in the Federal Register.
Once the rule is effective, market participants can report information about a suspected violation of the rule to the Bureau of Competition by emailing noncompete@ftc.gov.
The Federal Trade Commission develops policy initiatives on issues that affect competition, consumers, and the U.S. economy. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
EEOC Issues Final Regulation on Pregnant Workers Fairness Act美国平等就业机会委员会(EEOC)发布了《怀孕工作者公平法案》(PWFA)的最终规则,该规则自2023年6月27日生效,要求15名以上员工的雇主为怀孕、分娩或相关医疗条件的员工提供合理的工作调整,除非这种调整给雇主带来过大困难。此规则进一步加强了1964年民权法案和美国残疾人法案下的保护措施,提供了关于合理调整、雇主责任及孕期工作者权利的更清晰指导。
Aids Implementation of Civil Rights Law Expanding Protections and Accommodations for Pregnant Workers
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule to implement the Pregnant Workers Fairness Act (PWFA), providing important clarity that will allow pregnant workers the ability to work and maintain a healthy pregnancy and help employers understand their duties under the law. The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
The PWFA builds upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and access to reasonable accommodations under the Americans with Disabilities Act. The EEOC began accepting charges of discrimination on June 27, 2023, the day on which the PWFA became effective.
The final rule will be published in the Federal Register on Apr. 19. The final rule was approved by majority vote of the Commission on Apr. 3, 2024, and becomes effective 60 days after publication in the Federal Register.
The final rule and its accompanying interpretative guidance reflect the EEOC’s deliberation and response to the approximately 100,000 public comments received on the Notice of Proposed Rulemaking. It provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples.
“The Pregnant Workers Fairness Act is a win for workers, families, and our economy. It gives pregnant workers clear access to reasonable accommodations that will allow them to keep doing their jobs safely and effectively, free from discrimination and retaliation,” said EEOC Chair Charlotte A. Burrows. “At the EEOC, we have assisted women who have experienced serious health risks and unimaginable loss simply because they could not access a reasonable accommodation on the job. This final rule provides important information and guidance to help employers meet their responsibilities, and to jobseekers and employees about their rights. It encourages employers and employees to communicate early and often, allowing them to identify and resolve issues in a timely manner.”
Highlights from the final regulation include:
· Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others.
· Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness. This guidance is based on Congress’s PWFA statutory language, the EEOC’s longstanding definition of “pregnancy, childbirth, and related medical conditions” from Title VII of the Civil Rights Act of 1964, and court decisions interpreting the term “pregnancy, childbirth, or related medical conditions from Title VII.
· Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner.
· Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances.
· Explanation of when an accommodation would impose an undue hardship on an employer and its business.
· Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.
More information about the PWFA and the EEOC’s final rule, including resources for employers and workers, is available on the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage.
For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
快讯
2024年04月19日
快讯
2025财年美国H-1B签证达到上限,你抽中了吗?美国公民及移民服务局(USCIS)已宣布完成 2025 财年(FY)H-1B 签证上限(包括高级学位豁免)的初步筛选程序。根据其目前的状态,注册被分为 "已提交"、"已选定"、"未选定 "等状态。被选中的注册者现在有资格从 2024 年 4 月 1 日起递交 H-1B 上限主体申请。该公告还包括对申请费用的修改,以及自 2024 年 4 月 1 日起启用新版 I-129 表格,旧版表格不再有宽限期。此外,移民局还推出了 H-1B 申请在线申请和组织账户,以方便管理申请。
美国 H-1B 签证的电子注册数量已达到 2025 年联邦财政年度的签证上限。签证上限为 65,000 个,另外 20,000 个签证可供拥有美国高级签证的人使用。
Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders
H-1B Initial Electronic Registration Selection Process Completed
U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Not Selected: Not eligible to file an H-1B cap petition based on this registration.
Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Deleted: The submitted registration has been deleted and is no longer eligible for selection.
Processing submission: USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.
For more information, visit the H-1B Electronic Registration Process page.
FY 2025 H-1B Cap Petitions May Be Filed Starting April 1
H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2024, if filed for a selected beneficiary and based on a valid registration.
Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.
An H-1B cap-subject petition must be properly filed at the correct filing location (see H-1B Form I-129 Filing Location Change to Lockbox section below) or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.
Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.
Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.
For more information, visit the H-1B Cap Season page.
New Fees and Form Edition
On Jan. 31, 2024, USCIS published a final rule that adjusts the fees required for most immigration applications and petitions. The new fees are effective April 1, 2024. Petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them. Additionally, there will be a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. There will be no grace period for filing the new version of Form I-129 because it must include the new fee calculation.
What to Know About Sending Us Your Form I-129.
We will accept the 05/31/23 edition of this form if it is postmarked before April 1, 2024;
We will not accept the 05/31/23 edition of this form if it is postmarked on or after April 1, 2024; and
We will only accept the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024.
We will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.
As a reminder, we recently announced a final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective Feb. 26, 2024. If we receive a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date on the courier receipt.
Online Filing and Organizational Accounts
On Feb. 28, 2024, we launched new online organizational accounts that allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. Information on organizational accounts is available on the Organizational Accounts Frequently Asked Questions page.
We also launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. On April 1, we will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.
Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.
H-1B Form I-129 Filing Location Change to Lockbox
Starting April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 petitions are no longer filed directly with the USCIS service centers. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions are now filed at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.
We will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be no grace period provided.
USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address, please see our Form I-129 Direct Filing Addresses page.
If a petition is filed at the wrong location, we may reject the petition. Rejected petitions will not retain a filing date. If we reject a petition because it was filed at the wrong location, it may be refiled at the correct location, or online. H-1B cap subject petitions may be refiled at the correct location, or online, as long as the petition is refiled during the designated 90-day filing window listed on the selection notice.
No More Pre-paid Mailers
As of March 25, 2024, we are no longer using prepaid mailers to send out any communication or final notices for any H-1B or H-1B1 (HSC) petitions. With H-1B intake now occurring at the lockbox or online, we will not be able to use any prepaid mailers for H-1B or H-1B1 (HSC) filings.
The process of printing and mailing H-1B petition approval notices by first-class mail is fully automated. For petitions filed online, myUSCIS account holders will also receive an email or text message notification in their myUSCIS account when there is a case status change on a case in their account, followed by a paper notice by mail.
Receipt Notice Delays
When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a paper petition is timely and properly filed by mail, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition. If you have confirmation from the delivery service that the petition was delivered and you then submit a second H-1B cap petition for the same beneficiary, you will be considered to have submitted multiple H-1B cap petitions. This will result in denial or revocation of both petitions.
If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the USCIS Contact Center for assistance.
If you receive notification from the delivery service, or your tracking information suggests that there may be a delay or damage to the package or that the package was misrouted, you should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.
快讯
2024年04月02日
快讯
应对心理健康危机:42%的公司计划推出新的员工福利
根据The Conference Board的最新报告,尽管HR领导们对劳动力市场的乐观程度略有上升,但员工保留和参与度的预期与去年相比有所下降,显示出劳动力短缺的持续问题。报告揭示,随着员工心理健康问题的加剧,42%的公司计划今年提供新的福祉福利。企业承认对员工福祉负有责任,并在增加对健康项目的关注和支出方面取得了显著进展。报告强调,全面考虑员工福祉不仅可以提高员工参与度和生产力,还能保留人才。
Tackling the Mental Health Crisis: 42% of Companies Plan to Offer New Employee Well-Being Benefits
NEW YORK, March 22, 2024 -- Corporate America's HR leaders continue to be more optimistic than pessimistic about the state of the workforce.
The Conference Board CHRO Confidence Index ticked up to 54 in Q1, from 53 last quarter. (A reading of more than 50 points reflects more positive than negative responses.) While retention and engagement expectations improved from last quarter, the survey reveals they are down compared to this time last year, signaling ongoing concerns about labor shortages. Hiring expectations remained stable.
The survey also reveals that businesses are stepping up as mental health concerns continue taking a toll on workers throughout the nation: 42% of surveyed companies plan to offer new well-being benefits this year.
Indeed, 36% say businesses are responsible for the well-being of their employees, with another 62% saying they are somewhat responsible. As a result, they are ramping up their focus on employee wellness: In addition to those offering new well-being benefits, a quarter plan to increase spending on well-being initiatives.
"Taking a holistic view of worker well-being can not only improve employee engagement and productivity but also retain your talent—a top focus of both CEOs and CHROs this year," said Diana Scott, Leader of The Conference Board US Human Capital Center.
The Index, conducted quarterly, was launched in Q1 2023 and is comprised of three components—hiring, retention, and engagement—as well as special questions included in each survey. Nearly 150 CHROs participated in the Q1 survey, which included additional questions on employee well-being. Key findings include:
Hiring The CHRO Confidence Index: Hiring component remained the same as both last quarter and YoY, at 55.
CHROs' workforce expansion plans remained stable in Q1, with fewer CHROs expecting to increase or decrease hiring in the next six months:
36% of CHROs expect to increase their hiring over the next six months—down from 44% in Q4.
13% expect to decrease their hiring over the next six months—down from 19% in Q4.
Retention The CHRO Confidence Index: Retention component rose to 53 in Q1 2024 from 51 in Q4 2023. But retention expectations are down YoY from 57 in Q1 2023.
CHRO expectations regarding employee retention ticked up slightly in Q1:
29% of CHROs expect their employee retention levels to improve over the next six months—up slightly from 28% in Q4.
19% of CHROs expect employee retention to decrease over the next six months, down from 22% in Q4.
Engagement The CHRO Confidence Index: Engagement component rose to 54 in Q1 2024 from 52 in Q4 2023. But engagement expectations are down YoY from 58 in Q1 2023.
Fewer CHROs expect declines in employee engagement in Q1:
35% expect engagement levels to increase—down slightly from 37% in Q4.
20% expect engagement levels to decrease—down significantly from 31% in Q4.
Special Questions for Q4: Employee Well-Being For Q1 2024, the Index also surveyed CHROs on employee well-being.
CHROs overwhelmingly agree that organizations share responsibility for their employees' well-being.
62% said organizations are somewhat responsible.
36% said organizations are responsible.
Only 2% said organizations are not responsible for employee well-being.
A quarter of CHROs increased spending on employee well-being in 2024.
26% said their well-being budget increased for FY2024.
69% said it remained the same.
Only 5% decreased spending on well-being.
Nearly half of CHROs plan to offer new well-being benefits, despite most keeping spending the same.
42% plan to offer new benefits this year.
39% do not plan to offer new benefits.
19% are discussing offering new benefits.
Mental and physical health are the top priorities for new well-being initiatives.
Of those offering new benefits:
20% are offering mental health initiatives.
15% are offering physical health and fitness initiatives.
12% are offering financial well-being initiatives.
10% are offering work-life balance initiatives.
About The Conference BoardThe Conference Board is the member-driven think tank that delivers trusted insights for what's ahead. Founded in 1916, we are a non-partisan, not-for-profit entity holding 501 (c) (3) tax-exempt status in the United States. www.conference-board.org
SOURCE The Conference Board