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Compliance News Flash – November 11, 2019

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.

  • The European Commission issued a report confirming that the EU-US Privacy Shield continues to provide adequate protection for personal data transfers from the European Union (EU) to the United States. The report documents the European Commission’s third annual review of the functioning of the EU-US Privacy Shield, which currently has around 5,000 participating organizations. The EU finds that the United States has made improvements since the second annual review such as appointing an Ombudsman, however, the EU calls for further strengthening of the framework with an emphasis on enforcement by the Federal Trade Commission. Click here to read the full report from the European Commission.

  • U.S. Citizenship and Immigration Services (USCIS) announced it will increase the premium processing fee for certain employment-based petitions, beginning on December 2, 2019. Premium processing is an optional service provided to petitioners filing Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Worker that allows petitioners to request 15-day processing for an extra fee. The current fee is $1,410 and the increase will put the new fee at $1,440. USCIS last increased the premium processing fee in 2018 and says the increase is intended to reflect inflation. Click here to read the USCIS announcement and click here to read the Final Rule in the Federal Register.  

  • The California Attorney General issued proposed regulations to aid in the interpretation and implementation of the California Consumer Privacy Act (CCPA), which becomes effective January 1, 2020. The regulations cover a variety of topics, including the proper format of consumer notices, recordkeeping requirements for businesses subject to the CCPA, approved methods of verifying consumer requests for disclosure and deletion, and approved methods of calculating the value of consumer data for purposes of the CCPA’s non-discrimination clause. The Attorney General’s Office is accepting public comments on the proposed regulations until December 6th and any revisions will be subject to an additional 15-day public comment period before being finalized. The CCPA requires the final regulations to be adopted on or before July 1, 2020. In addition to accepting public comments, the Attorney General will hold a series of public hearings around California between December 2nd and December 5th. Click here to access the proposed regulations or click here to read AGG’s summary.

  • U.S. Citizenship and Immigration Services (USCIS) has announced it intends to implement an electronic registration requirement for employers seeking to submit H-1B quota-subject petitions beginning with the fiscal year 2021 H-1B cap season, pending completed testing of the system. Upon implementation of the electronic registration system, employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, will first have to electronically register with USCIS during a designated registration period. Employers should expect this to be the case next year, starting in April when such cases are typically filed. The implementation timeframe and initial registration period will be announced in the Federal Register once a formal decision has been made. In the meantime, USCIS has finalized a rule that will require petitioning employers to pay a $10 non-refundable fee for each H-1B registration they submit through the electronic registration system. Click here to read the USCIS announcement.

If you have any questions or need assistance on any point raised in this Compliance News Flash please contact:

Montserrat Miller

Montserrat C. Miller
Partner, Atlanta Office


Erin E. Doyle
Law Clerk, 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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