BW INSIGHTS

DOL Proposes New Rule Regarding Joint Employer Liability

On April 22, 2026, the U.S. Department of Labor (DOL) issued a proposed rule to clarify when two or more entities may be considered joint employers under three federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). For several years, there... Read More

ICE Reclassifies Form I-9 Violations: What Employers Need to Know

U.S. Immigration and Customs Enforcement (ICE) recently revised its Form I-9 inspection fact sheet in a way that meaningfully increases employer exposure. The revised guidance is dated March 16, 2026, and was posted without formal notice or rulemaking. It reclassifies a wide range of errors that employers have historically been able to correct... Read More

What the OBBBA Means for Qualified Overtime Compensation: Deduction and Reporting Updates

Beginning with tax year 2025, the One Big Beautiful Bill Act (“OBBBA”) added a new above-the-line deduction for employees with “qualified overtime compensation” received during the taxable year that is included on statements furnished to them. This deduction is effective through 2028. Qualified overtime compensation is defined as “overtime... Read More

Client Alert: USCIS Issues Operational Guidance on New $100,000 H-1B Payment

USCIS has issued updated guidance on the H-1B $100,000 payment, providing some much needed clarification for employers. Below is a breakdown of the update and what we now know. Who must pay The $100,000 payment applies to H-1B petitions filed on/after Sept. 21, 2025, in these scenarios: Beneficiary is outside the U.S. without a valid H-1B visa.... Read More

BrownWinick Welcomes Nine 2025 Fall Associates

We are delighted to welcome a new class of associates to our firm this fall. This year’s group brings a wide range of experiences, perspectives, and talents that will enhance our practice and further strengthen the service we deliver to our clients. Their enthusiasm, dedication to the law, and drive for excellence are already evident, and we look... Read More

Wise Moves: BrownWinick Immigration Intel

Welcome back to Wise Moves, where we translate fast-moving immigration news into employer action. This month brought more big shifts at DOS and USCIS that will affect hiring timelines, global mobility, and case strategy through the fall and beyond. At a Glance: What employers need to know USCIS payment modernization (effective now). USCIS rolled... Read More

Wise Moves: BrownWinick Immigration Intel

Welcome to Wise Moves: BrownWinick Immigration Intel We bring you sharp, actionable updates on employment-based immigration: what’s changing, what it means for your business, and how to stay ahead. At BrownWinick, we help employers navigate complexity with strategy, clarity, and confidence. Whether you’re sponsoring a single foreign national or... Read More

Visa Interview Waiver Rollback: Most Applicants Must Interview Starting September 2, 2025

The U.S. Department of State has announced a significant change to the way visas are processed. Starting September 2, 2025, most nonimmigrant visa applicants will be required to attend an in-person interview, even if they are renewing a visa in the same category. This is a major change in policy and will result in longer processing times for visas... Read More

The Potential EEOC Quorum and What Employers Can Expect

On May 6, 2025, the United States Senate received President Donald Trump’s nomination of Brittany Panuccio to be a Member of the Equal Employment Opportunity Commission (EEOC). While Panuccio has yet to be confirmed, an appointment would mean that the EEOC would have a quorum for the first time since President Trump’s unprecedented termination of... Read More