Lawyers for NFL, players talk mediation with judge

Headline Legal News

The locked-out NFL players don't want to go back to collective bargaining with the league. They have now made a move to allow their former union boss to be present if court-supervised talks take place between the two sides.

Attorneys for the NFL and the players held a conference call Friday to discuss mediation with U.S. District Judge Susan Richard Nelson, who is currently deciding whether to lift the lockout.

League spokesman Greg Aiello confirmed the call took place and said Nelson wanted details to remain private. Jeffrey Kessler, a lawyer for the players, declined to comment.

The most notable development Friday was the formal addition of DeMaurice Smith as an attorney for the players. Smith is the executive director of the NFL Players Association, which is now officially a trade association and not a union. Lawyers who practice in a different state must file for approval through the court.

NFLPA spokesman Carl Francis confirmed that the move allows Smith to participate in any mediation sessions that might take place under Nelson's supervision.

After a hearing Wednesday on the players' request for an injunction to stop the lockout, Nelson urged both sides to resume talks toward a new labor pact. Negotiations broke down last month.

Both sides expressed a willingness to talk again after the hearing, but the NFL wants to resume negotiations before a federal mediator in Washington while the players prefer to remain in Nelson's court.

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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.

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