AGG Compliance News Flash – August 27, 2019

ICE has begun site visits to investigate workplaces that hire foreign students under the STEM OPT program. The Science, Technology, Engineering, and Mathematics Optional Practical Training program allows nonimmigrant students in the U.S. on F-1 visas to remain in the U.S. for temporary training for up to 24 months following completion of their degrees. ICE inspections of STEM OPT employers may include interviews with company personnel, review of students’ skills and degree in STEM, and examination of payroll documentation to determine whether students are being paid according to the STEM OPT regulation. Also, employers should be on notice that investigators may request to review students’ formal training plans which should identify learning objectives for the student. There is no specific penalty for employer violations, but if a student is found not to be working in accordance with the STEM OPT regulation, the student worker’s status under the program may be terminated. Click here and click here to read more.

USCIS announced that it has completed its return of all fiscal year (FY) 2020 H-1B cap-subject petitions that were not selected in their random selection process. USCIS advises those who submitted a petition between April 1 and April 5, 2019 who have not received a receipt notice or a returned petition by August 29, 2019, to contact USCIS for assistance. Click here to read the full announcement.

Last month, you heard about Appriss acquiring Innovative Enterprises, Inc. This month, Data Facts, Inc. acquired Strategic Information Resources (SIR) and its affiliate companies, Background Decision, Diversified Appraisal Services, and All In Compliance. Data Facts, Inc. is a nationwide provider of mortgage lending screening solutions and national and international background screening solutions. SIR offers lending screening solutions and employment-tenant screening solutions. Click here to read more.

The roll-out of the California Consumer Privacy Act (CCPA) is just four months away. On January 1, 2020, California will implement the CCPA which—much like the European Union’s GDPR which was effective in May of 2018—will give consumers more control over their personal data. The CCPA applies to any business that does business in California AND meets one or more of the following requirements: (i) has annual gross revenues over $25 million, (ii) annually buys or sells the personal information of 50,000 or more consumers, households, or devices, or (iii) derives 50% or more of its annual revenues from selling consumers’ personal information. The CCPA will give consumers the right to access, and request that a business delete, their personal information. Consumers will also have the right to opt-out of data selling meaning that businesses that sell personal information to third parties will be required to provide a link on their website titled ”Do Not Sell My Personal Information” through which consumers can opt-out of having their information sold. For consumers under the age of 16, businesses will be required to obtain consumer opt-in before they can sell consumer information of those under 16 years of age. This is a stricter requirement than the age requirement under the federal Children’s Online Privacy Protection Act (COPPA) which only protects of the information of children under 13 years of age. The CCPA also requires businesses to disclose in their privacy policy the purposes for which they use each category of collected information. To read more click here.