Immigration Attorney Jennifer Minear Begins Tenure as AILA President

McCandlish Holton is very proud to announce that today marks the beginning of Jennifer Minear’s tenure as president of the American Immigration Lawyers Association. AILA is the largest association of immigration attorneys in the world with over 15,000 members worldwide.

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Supreme Court Affirms Permanency Ratings Given Before Implantation of a Prosthesis


In Loudoun County v. Richardson, the claimant injured his hip in a work accident.  The claimant’s treating physician performed a hip replacement surgery and then gave the claimant an 11% rating for loss of use.  Later, the treating physician was asked to calculate the claimant’s level of impairment before the hip replacement surgery, which the doctor determined was 74%.

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Who is impacted by White House Proclamation Suspending Immigration for 60 days?

Summary of 4/22/20 White House Proclamation Regarding Immigration

The White House has issued a “Proclamation” suspending travel to the US by individuals who will seek entry to the United States using an “immigrant visa” (a visa issued to individuals entering the US to become permanent residents). READ FULL ‘‘Proclamation.’’

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Coronavirus and a Remote Workforce: A Dual Review of Workers’ Compensation & Employment Law Concerns

SPECIAL EDITION | Coronavirus & Comp Updates

      • The effects of the coronavirus pandemic have caused many changes in how we work in Virginia.  Office workers and teachers are some of the many types of employees who have transitioned to working remotely because of Governor Northam’s Executive Orders closing schools and encouraging telework. With a large part of the workforce working remotely and/or from home, there are several issues for employers and carriers to consider.  

Workers’ Compensation Concerns

Arising Out Of

Added risks in the employee’s home workspace are likely to be “conditions of the work place” meeting the arising out of element of a workers’ compensation claim. 

Three Case Examples:

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Coronavirus, Nursing Homes and In-Home Care Providers

SPECIAL EDITION | Coronavirus & Comp Updates

      • Compensability and Burden of Proof

A nursing home employee or in-home health care professionals can prove a compensable coronavirus claim, by showing that their coronavirus diagnosis:

1. arose out of and in the course of the employment;

2. did not come from causes outside of work; and, 

3. that coronavirus is an infectious or contagious disease contracted in the course of employment in a nursing home or in the direct delivery of healthcare.

The second and third elements will likely be the most difficult to prove.  

Nursing Homes are at the Highest Risk of Being Affected

However, as COVID-19 spreads in the United States, confirmed cases in nursing homes and long-term care facilities have continued to rise. The Centers for Disease Control and Prevention (“CDC”) has indicated that nursing homes are at the highest risk of being

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All COVID-19 Related Updates From The Virginia Workers’ Compensation Commission (VWC) and More

COVID-19 EDITION | Coronavirus & Comp Updates

The Virginia Workers’ Compensation Commission (VWC) is responsible for carrying out the requirements of the Virginia Workers’ Compensation Act, while administering Virginia's workers’ compensation program, meeting legal requirements and providing various protections.

Also included are relevant updates from other organizations, such as the WCIO.  

We will continually update this article as announcements are made. Scroll to the list of  links to each Order with summaries appearing below.

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US CIS Has Completed the H1B Lottery


The US CIS has completed the selection process for H1B pre-registrations.  Cases selected for processing will be notified, and will have 90 days to prepare and submit H1B petitions.  We will notify clients of updates as soon as we receive them. 

The following is the notification from the US CIS:

USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). We randomly selected from among the

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Families First Coronavirus Response Act: FAQ’s for Employers

H.R. 6201

By Samantha Stecker Otero

Congress recently passed, and the President signed, the Families First Coronavirus Response Act (the “FFCRA”).  The FFCRA provides assistance to workers impacted by the COVID-19 pandemic.

There are two aspects of the FFCRA directly applicable to employers:

1. mandatory paid sick leave under the Emergency Paid Sick Leave Act (“Paid Sick Leave Act”) and,

2. expansion of medical leave under the Emergency Family Medical Leave Expansion Act (“Emergency FMLA”). 

The Paid Sick Leave Act and the Emergency FMLA become effective April 1, 2020 and last until December 31, 2020.

Employers and Employees Covered

The Emergency FMLA and Paid Sick Leave Act apply only to private employers with fewer

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Coronavirus and Workers' Compensation in Virginia - Part 4: Presumption Claims and the Unknown Effects of Coronavirus

SPECIAL EDITION | Coronavirus & Comp Updates

Read the full 4-part Workers’ Comp and COVID-19 Update.

At this point, the full impact of the coronavirus is unknown.  The American College of Cardiology’s website states that “the specific effects of COVID-19 on the cardiovascular system remain unclear, although there have been reports of acute cardiac injury, hypotension, tachycardia, and a high proportion of concomitant cardiovascular disease in infected individuals…we’re all

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McCandlish Holton's Response to COVID-19

McCandlish Holton wishes to assure our clients and the community that we are working to maintain full operations during the current health crisis. We are carefully following the regional and national updates on the spread and impact of COVID-19 (Coronavirus) to protect our employees, clients, and community.

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