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Haynes and Boone, LLP | March 2003

Department of Homeland Security/Bureau of Citizenship and Immigration Service: * Immigration benefits previously provided by the Department of Justice’s Immigration and Naturalization Service (INS) are now the responsibility of the Department of Homeland Security’s Bureau of Citizenship and Immigration Service (BCIS). All familiar customer services are to remain in place ...

Haynes and Boone, LLP | March 2003

Now that the 60-day deadline for filing new legislation without suspension of the rules has passed, for all practical purposes all legislation that will be offered this session has now been filed. Bills that could impact Texas employers generally, are listed by bill number and contain author, the committee the bill has been referred to, and any action that has been taken. House of Representatives H.B ...

Haynes and Boone, LLP | February 2003

Department of Justice/Immigration and Naturalization Service: * DOJ’s Immigration and Naturalization Service becomes part of the Department of Homeland Security (DHS) on March 1, 2003. Within the DHS, the Bureau for Citizenship & Immigration Services (BCIS) will handle the immigration benefits function, including employment-based nonimmigrant and immigrant petitions and applications for adjustment of status. The new Director of the BCIS is Eduardo Aguirre ...

Haynes and Boone, LLP | February 2003

Reprinted with the permission of the Houston Business Journal

Haynes and Boone, LLP | February 2003

The Department of Labor (“DoL”) has issued final rules that implement the pension blackout provisions of the Sarbanes-Oxley Act of 2002 (the “Act”). These rules require plan administrators of individual account plans to deliver advance notice of blackout periods and will be effective for blackouts which begin on or after January 26, 2003 ...

Haynes and Boone, LLP | January 2003

Department of Justice/Immigration and Naturalization Service: * INS has temporarily lowered its filing fees for certain petitions/applications. The fee change is due to a provision of the Homeland Security Act of 2002 requiring the elimination of a surcharge the INS previously attached in order to fund asylum and refugee services, fee exemptions and fee waivers ...

Haynes and Boone, LLP | January 2003

Florida West Coast Employee Benefits Council This outline looks at the privacy regulations as modified by the August 14, 2002, final modifications and how they apply to group health plans. This outline also considers the impact of the guidance issued by the Office of Civil Rights of the Department of Health and Human Services on December 4, 2002 ...

Haynes and Boone, LLP | January 2003

Florida West Coast Employee Benefits Council The following chart attempts to summarize some of the types of group health plans and which of the HIPAA privacy notice and administrative requirements apply to the plan. No one should rely on this as legal advice. In every situation, the application of the rules requires careful analysis of one's own counsel who is familiar with your particular situation ...

Haynes and Boone, LLP | January 2003

I. Why now? The rapidly increasing cost of health care, with the resulting increase in the cost of employer-provided health benefit plans, has caused employers to search for ways to contain their health plan expenses. Rising costs, along with general employee dissatisfaction with the lack of choice of health care providers under many plans and the perceived lack of quality within many of the networks available to employees, has created an environment ripe for new ideas ...

Haynes and Boone, LLP | December 2002

Department of Justice/Immigration and Naturalization Service: * DOJ is implementing the National Security Entry-Exit Registration System (NSEERS) to enable the government to track the approximately 35 million non-immigrants who enter the U.S. each year. As part of NSEERS, certain non-immigrants will continue to register at a port-of-entry upon admission to the U.S. Other non-immigrants who were admitted to the U.S ...

Haynes and Boone, LLP | December 2002

Reprinted with permission of Texas Lawyer

Haynes and Boone, LLP | November 2002

The Internal Revenue Service previously announced that in order for qualified retirement plans to be in compliance with the requirements of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), those plans must make the necessary good faith amendments by the later of (i) the last day of the plan year in which the EGTRRA changes apply, or (ii) the end of the GUST remedial amendment period for the plan. For most plans, the EGTRRA changes apply for the 2002 plan year ...

Haynes and Boone, LLP | November 2002

Homeland Security Act of 2002: * On November 25, 2002, President Bush signed the “Homeland Security Act of 2002” into law, which establishes the Department of Homeland Security and includes provisions which may significantly alter the visa issuance process at U.S. Consulate/Embassy posts and adjudication of INS petitions. We will continue to provide updates as information becomes available. Department of State: * DOS issued a Worldwide Caution on November 20 reminding the country that U.S ...

Haynes and Boone, LLP | November 2002

Houston American Corporate Counsel Association Chapter, November 8, 2002, Houston, Texas

Haynes and Boone, LLP | October 2002

Department of State: * U.S. Consulate Ciudad Juarez, Mexico will no longer process Third Country National visa applications as of November 1, 2002. Only residents of the consular district and Third Country Nationals with FM2/3 visas will be allowed to apply. * DOS non-immigrant visa application fee will increase to $100.00 effective November 1, 2002 ...

Haynes and Boone, LLP | October 2002

The Department of Labor (“DoL”) has issued rules that implement the pension blackout provisions of the Sarbanes-Oxley Act of 2002 (the “Act”). These rules require plan administrators of individual account plans to deliver advance notice of blackout periods and will be effective for blackouts which begin on or after January 26, 2003 ...

Haynes and Boone, LLP | October 2002

ALI-ABA Pension, Profit-Sharing, Welfare, and other Compensation Plans; Washington, DC Many of the defined contribution health plans being marketed involve a higher deductible indemnity type of coverage either with or without a network of managed care providers (the “Policy”) accompanied by a “personal care account” or “PCA” which is funded either by employer, employee or both contributing to the PCA ...

Haynes and Boone, LLP | October 2002

A SUMMARY OF THE FINAL REGULATIONS ON THE STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ISSUED DECEMBER 28, 2000 AS MODIFIED BY THE FINAL REGULATIONS ISSUED ON AUGUST 14, 2002 CAVEAT: This outline summarizes the HIPAA Privacy Regulations as modified. No one should rely on this as legal advice. In every situation, the application of the rules requires careful analysis of a counsel who is familiar with your particular situation. I ...

Haynes and Boone, LLP | September 2002

Department of State: * DOS issued a Worldwide Caution on September 9, 2002 advising of the continuing threat of terrorist actions, which may target civilians and include suicide operations. DOS also indicates terrorist groups may seek softer targets including foreign facilities where American citizens are generally known to congregate or visit, such as clubs, restaurants, places of worship, schools or outdoor recreation events ...

Haynes and Boone, LLP | September 2002

The deadline for compliance with the Health Insurance Portability and Accountability Act of 1996 final regulations regarding standards for electronic claims transactions, October 16, 2002, is quickly approaching ...

Haynes and Boone, LLP | August 2002

Department of State: * DOS has released the instructions for the 2004 diversity immigrant visa program. The congressionally mandated program is a lottery for 50,000 permanent residence visas. Applicants must meet strict eligibility criteria. Instructions have been issued by the DOS at www.travel.state.gov/DV2004.html * Jordanians are now eligible for E treaty trader/treaty investor visas upon the basis of reciprocity secured by the United States-Jordan Free Trade Area Implementation Act ...

Haynes and Boone, LLP | August 2002

Most of the attention about the Sarbanes-Oxley Act of 2002 (Act), signed into law by President Bush on July 30, 2002, has been focused on the reform of public accounting firms and the financial reporting obligations of publicly held companies. However, the Act has other provisions that potentially impact a much broader range of employers ...

Haynes and Boone, LLP | August 2002

Every company with operations or sales overseas should carefully consider whether it has effective policies and procedures in place that adequately manage the company’s risks under the Foreign Corrupt Practices Act (“FCPA”). Recently, The Wall Street Journal reported that Enron Corp. is the target of a new U.S. Department of Justice criminal investigation involving allegations of FCPA violations ...

Haynes and Boone, LLP | July 2002

Department of State: * Nationals of the twenty-six countries subject to additional DOS consular scrutiny are experiencing lengthy delays in the processing of nonimmigrant visa applications. For example, the U.S. Consulate in Paris is unable to specify how long its additional administrative processing will take for these cases, and the previously indicated time frame of 30 days is no longer applicable ...

Haynes and Boone, LLP | July 2002

Most of the attention about the Sarbanes-Oxley Act of 2002 (Act), now awaiting President Bush’s signature, has been focused on the reform of public accounting firms and the financial reporting obligations of publicly held companies. However, the Act has other provisions that potentially impact a much broader range of employers. The legislation will be implemented at various times following the President’s signature, but employers should begin preparing for the following changes: 1 ...

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