UPDATE - COBRA Subsidy: Extension Through May 31, 2010
The following EBG client should be of interest to all Florida employers
By Joan A. Disler, Gretchen Harders, and Ray Kaplan
Background
As we reported in our Client Alert of December 24, 2009 ("UPDATE: Cobra Subsidy: What it Means for Employers Now"), President Obama signed into law the Department of Defense Appropriations Act, 2010 (the "Defense Appropriations Act"), which, among other things, extended and expanded certain provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA") pertaining to premium assistance for benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"). The Defense Appropriations Act extended the COBRA premium subsidy for assistance-eligible individuals who became eligible for COBRA from the period that began September 1, 2008, and ended on December 31, 2009, to the period that ended on February 28, 2010.
As we also reported in our Client Alert of March 8, 2010 ("UPDATE – COBRA Subsidy: New Extension Through March 31, 2010"), President Obama signed into law the Temporary Extension Act of 2010 (the "Temporary Extension Act"). The Temporary Extension Act extended the 15-month COBRA premium subsidy for eligible individuals who were involuntarily terminated from employment through March 31, 2010. The Temporary Extension Act also expanded the application of the premium subsidy to individuals who had a reduction of hours of employment (occurring from September 1, 2008, through March 31, 2010), followed by an involuntary termination that occurred on or after March 2, 2010, and before April 1, 2010.
COBRA Subsidy Extension
On April 15, 2010, President Obama signed into law the Continuing Extension Act of 2010 (the "Continuing Extension Act"). The Continuing Extension Act extends the 15-month COBRA premium subsidy program for eligible individuals who were involuntarily terminated from employment through May 31, 2010. This extension also applies to individuals who had a reduction of hours of employment (occurring from September 1, 2008, through May 31, 2010) followed by an involuntarily termination that occurs on or after March 2, 2010, and before June 1, 2010. Under the Continuing Extension Act, group health plans and their administrators will need to provide eligible individuals who were involuntarily terminated on or after April 1, 2010, and prior to April 15, 2010, with revised COBRA notices and election forms. It would appear that these revised COBRA notices and election forms must be provided no later than sixty (60) days from the date of enactment (which appears to be June 14, 2010), and those individuals will have an additional sixty (60) days to make an election.
The Department of Labor Employee Benefits Security Administration has updated the introduction on its COBRA Web page (www.dol.gov/ebsa/COBRA.html) to reflect the Continuing Extension Act and presumably is in the process of updating the fact sheet, frequently asked questions and other materials.
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The following EBG client alert should be of interest to all Florida employers. 
U.S. Citizenship and Immigration Services ("USCIS") has increased the maximum period of time a Trade-NAFTA ("TN") professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. According to USCIS' official release this final rule changes "the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers." The release also points out that eligible TN nonimmigrants "may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year." USCIS's Q&A, issued simultaneously with the official release, also states "[T]his final rule will extend that period to a maximum of three years to be consistent with other nonimmigrant worker categories, such as the H-1B." The new regulation's summary, although not a part of the regulation, states:
one year to three years, and allows otherwise eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years instead of the current maximum of one year. In addition, this rule grants the same periods of admission or extension to TD nonimmigrants, the spouses and unmarried minor children of TN nonimmigrants to run concurrent. The rule also removes the mention of specific petition filing locations from the TN regulations and replaces the outdated term ``TC'' (the previous term given to Canadian workers under the 1989 Canada-United States Free Trade Agreement) with ``TN.''
(2) Without a valid I-94. If the alien seeking readmission to the United States in TN classification is no longer in possession of a valid, unexpired Form I-94, and the period of initial admission in TN classification has not lapsed, then a new Form I-94 may be issued for the period of validity that remains on the TN nonimmigrant's original Form I-94 with the legend ``multiple entry'' and the alien can then be readmitted in TN status if the alien presents alternate evidence as follows:
leave the United States for any reason while the petition is pending, the petitioner may request that USCIS notify the consular office where the beneficiary is required to apply for a visa or, if visa exempt, a DHS-designated port-of-entry where the beneficiary will apply for admission to the United States, of the approval.
On July 31, 2008, the House approved "H.R. 6633" to extend E-Verify, the federal government's electronic employment verification system, by five years. In spite of the many signs previously given by U.S. Representatives approved without amendment, HR 6633 or the Employee Verification Act of 2008, 407-2. 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the life of the voluntary program five years to Oct. 31, 2013. U.S. representatives initially supported legislation to scrap E-Verify in favor of a new mandatory verification system, but according Giffords, she introduced a five-year extension to make time for more study of the current system. Further, Giffords told lawmakers during House floor remarks that "within five years or less, the federal government must develop a mandatory system that operates uniformly across all 50 states." Technically, the bill would 
authorize two Government Accountability Office studies about aspects of E-Verify. The first study would examine erroneous tentative nonconfirmations under E-Verify, specifically focusing on the causes of erroneous tentative nonconfirmations, processes to remedy errors, and the impact of such errors on individuals, employers, and federal agencies. The second study would analyze the effect of E-Verify on small businesses and other small entities using the program. That study would focus on the cost to small entities of complying with E-Verify, an estimate of the number of small businesses participating in E-Verify, an analysis of compliance requirements such as reporting and recordkeeping, and steps DHS can take to minimize the economic impact of participating in E-Verify. 
allow additional time to design a fair and effective employment verification system is a workable proposition for employees and employers alike. The bill now moves to the Senate, which is in recess until Sept. 8, 2008. 