Web Page Disclaimers in New Hampshire

Ethics

Effective January 1, 2008, New Hampshireadopted a rule that clearly protects persons who, in good faith, e-mailconfidential information to a lawyer from having the lawyer use theinformation against the prospective client.  The comments to NewHampshshire Rule 1.18 provide in part: “Inits version of these provisions, New Hampshire’s rule eliminates theterminology of ‘discussion’ or ‘consultation’ and extends theprotections of the rule to persons who, in a good faith search forrepresentation, provide information unilaterally to a lawyer whosubsequently receives and reviews the information.  This changerecognizes that persons frequently initiate contact with an attorney inwriting, by e-mail, or in other unilateral forms, and in the processdisclose confidential information that warrants protection.”

The rule no doubt makes it more important for NH lawyersto use effective disclaimers on their web pages.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.