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Compliance News Flash – August 21, 2020

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.

  • U.S. Citizenship and Immigration Services (USCIS) published a final rule that increases fees for USCIS filings effective October 2, 2020. USCIS is a fee-funded agency. The fee increase is intended to account for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners and beneficiaries. The rule will adjust fees by a weighted average increase of 20%. Notably the Form I-129 for H-1B petitions will increase from $460 to $555 (21%) and the Form I-129 for L-1 petitions will increase from $460 to $805 (75%). Certain USCIS forms will change, notably the Form I-129, Petition for a Nonimmigrant Worker and the Form I-765, Application for Employment Authorization. Click here to read the announcement and click here to read the final rule in the Federal Register which sets out the fee increase for each type of filing.
  • The U.S. Department of Commerce published FAQ guidance for participants in the EU-U.S. Privacy Shield, addressing the Schrems II decision by the Court of Justice of the European Union which invalidated the Privacy Shield. The FAQs state that in spite of the decision, EU-U.S. Privacy Shield participants must continue to abide by their obligations under the Privacy Shield. In addition, the Department is continuing to process submissions for self-certification and re-certification under the Privacy Shield. The FAQs remind organizations that they may withdraw from the Privacy Shield at any time; however, they must meet ongoing requirements related to data received under the Privacy Shield program and must remove from their websites, privacy policy statements, and any other public documents that could be construed as claims that they participate in or comply with the Privacy Shield if they withdraw. Note, organizations wishing to withdraw from Privacy Shield must contact the Department of Commerce to do so and the Department must note withdrawal. Click here to read more.
  • The Department of Commerce released a joint press statement from Secretary of Commerce Wilbur Ross and European Commissioner for Justice Didier Reynders. According to the statement, “The U.S. Department of Commerce and the European Commission have initiated discussions to evaluate the potential for an enhanced EU-U.S. Privacy Shield framework to comply with the July 16 judgment of the Court of Justice of the European Union in the Schrems II case.” More than 5,000 companies were participating in Privacy Shield at the time the Court of Justice of the European Union invalidated the program. The challenges to a “Privacy Shield 3.0” are significant given that the Court’s decision invalidating Privacy Shield rested on concerns about surveillance by U.S. governmental authorities and judicial redress. Click here to read more.
  • The Federal Deposit Insurance Corporation (FDIC) approved a final rule that will allow greater employment opportunities in the banking industry for individuals with certain minor criminal offenses. The final rule narrows the scope of criminal histories that require an individual to go through the Section 19 application process before they may work in the banking industry. The restrictions from working in banking relate to crimes of dishonesty, breach of trust, or money laundering. The changes will exempt individuals with expungements and expand the de minimis exception. The final rule will take effect 30 days after it is published in the Federal Register (published August 20, 2020). The FDIC expects the final rule will reduce Section 19 applications for FDIC consent by 30%, reducing regulatory burden on financial institutions and individuals. Click here to read more.
  • The California Office of Administrative Law (OAL) has approved the final California Consumer Privacy Act (CCPA) regulations that the California Attorney General submitted in June. The regulations took effect immediately upon approval. The regulations remain largely unchanged from the March 2020 version, with a few relatively minor exceptions. The CCPA took effect January 1, 2020 and enforcement by the California Attorney General began July 1, 2020. Click here to read AGG’s Client Alert on the topic. Click here to read the final regulations.

Montserrat C. Miller
Partner, Atlanta Office

Erin E. Doyle
Associate, Atlanta Office


The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
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