International Business Law

Epic Games’ Latest EULA Update: What You Should Know

Posted on by Av. Ertuğrul Harman

On January 15, 2025, Epic Games updated its End User License Agreement (EULA), introducing changes to clarify the contracting entities for users based on their location. While this update marks a structural shift, all other key legal provisions remain unchanged.

Key Change: Regional Contracting Entities

Previously, all users contracted with Epic Games, Inc., a U.S. corporation. The updated EULA now distinguishes users based on their primary residence:

  • U.S. Residents contract with Epic Games, Inc., Maryland, U.S.A.
  • Non-U.S. Residents contract with Epic Games Commerce GmbH, a Swiss limited liability company.

What Remains Unchanged?

Despite this structural adjustment, the following provisions remain the same:

  • Governing Law: All contracts are governed by the laws of North Carolina, U.S.A.
  • Dispute Resolution: The EULA includes multiple mechanisms for resolving disputes:
    • Binding individual arbitration is the primary method for most disputes.
    • Users may also sue in small claims court in their local jurisdiction.
    • Additionally, the EULA grants exclusive jurisdiction to certain U.S. state and federal courts for non-arbitrable disputes.

While these clauses provide options, the combination of arbitration, local small claims, and exclusive U.S. jurisdiction may appear inconsistent and confusing for users.

Why Does This Matter?

If you’re a Non-U.S. Resident, you are now contracting with Epic’s Swiss entity rather than its U.S. company. However, your agreement is still governed by North Carolina law, and disputes are subject to the same arbitration and jurisdiction rules as U.S. users.

On the bright side, you can still file claims in your local small claims court. That said, it could be fun to see how your local judges would apply North Carolina law—or the governing law clause—if it ever comes up! Let me know if you ever have such an interesting experience.

Takeaway

Users, especially those outside the U.S., should carefully review the updated EULA to fully understand their rights and obligations under the revised terms, particularly regarding dispute resolution.

Disclaimer: This post is not legal advice. For specific concerns about the EULA or its implications, consult with your own attorney.

Immigration Law/United States Law

USCIS Updates Guidance on EB-2 National Interest Waiver Petitions

Posted on by Av. Ertuğrul Harman

The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance clarifying how it evaluates petitions for the EB-2 National Interest Waiver (NIW). These updates, which apply immediately to pending and future petitions, address key aspects of eligibility, including qualifications for advanced degree professionals and individuals of exceptional ability, as well as how proposed endeavors are assessed for national importance.

What is EB-2 NIW?

The EB-2 NIW is a unique pathway within the employment-based immigration system that allows individuals to bypass the traditional labor certification process if their work is deemed to benefit the United States significantly. This category is particularly appealing to professionals with advanced degrees, individuals with exceptional abilities, and entrepreneurs who wish to contribute to fields such as science, technology, arts, or business. It’s a flexible option that empowers eligible individuals to self-petition without needing an employer sponsor.

Below is the full announcement from USCIS:

U.S. Citizenship and Immigration Services is updating its policy guidance to clarify how we evaluate eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).

In general, an employer files an EB-2 petition using Form I-140, Immigrant Petition for Alien Workers, after obtaining a labor certification from the Department of Labor. USCIS, however, can waive the requirement of a job offer, and thus, the labor certification if it is in the interest of the United States. In addition, individuals seeking an NIW may file a petition on their own behalf.

A petitioner seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts, or business.

The new guidance explains how, for advanced degree professionals seeking an NIW, we consider whether the occupation in which the petitioner proposes to advance an endeavor is a profession and, if applicable, whether the 5 years of post-bachelor’s experience is in the specialty. The guidance also addresses how, for persons of exceptional ability seeking an NIW, that exceptional ability must relate to the endeavor proposed as part of the NIW request. We determine the relationship of exceptional ability to the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.

In addition, this new guidance provides information about how we evaluate whether a proposed endeavor has national importance and explains how we evaluate evidence, such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor.

This new guidance builds on a previous Policy Manual update that discussed the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

This guidance, contained in Volume 6, Part F, Chapter 5 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. For more information and filing tips, see Employment-Based Immigration: Second Preference EB-2.

Visit the Policy Manual Feedback page to provide feedback on this update.

Immigration Law/United States Law

USCIS Updated Filing Procedures for Form I-140

Posted on by Av. Ertuğrul Harman

What is Form I-140?

Form I-140, the Immigrant Petition for Alien Worker, is a crucial step in the employment-based green card process. Filed by U.S. employers or self-petitioning individuals, it serves as a request for permanent residency for foreign workers. Critical for categories like EB-1, EB-2, and EB-3, the form proves eligibility and supports employment-based immigration pathways. It’s essential for employers and workers to understand its requirements, costs, and filing procedures for a smoother immigration process.

What is updated?

UCSIS published the following announcement today regarding the updates on the filing procedures for Form I-140.

U.S. Citizenship and Immigration Services today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation, or national interest waiver (NIW) request.

On June 1, 2023, the U.S. Department of Labor (DOL) implemented a new system for permanent labor certifications, called the Foreign Labor Application Gateway (FLAG), and revised the Application for Permanent Employment Certification (Form ETA-9089) for use within the FLAG system. The revised Form ETA-9089 collects more detailed information about the job opportunity, including specific worksite locations, telecommuting options, and the foreign worker’s qualifications. Employers who file Form ETA-9089 through the FLAG system and who receive a labor certification approval generally receive a 2-page Final Determination from DOL electronically.

The instructions to Form ETA-9089 state that only a signed Final Determination must be submitted with the Form I-140 petition as evidence of a permanent labor certification approval. This limited requirement is because, as a part of this process change, USCIS receives most of the information about the permanent labor certification directly from DOL under a data sharing agreement.

USCIS is announcing through this FRN that employers whose labor certifications were processed in the FLAG system must include a printed copy of the electronic Final Determination with their Form I-140, and that USCIS will consider this printed copy as an original, approved labor certification. The Final Determination must be completed and electronically signed by DOL, and must be signed by the foreign worker, employer, and the employer’s attorney or agent, if applicable. In addition, the FRN states that Form I-140 petitions for Schedule A occupations must contain a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the Form ETA-9089. Finally, the FRN states that a Form I-140 petition with an NIW request must contain a copy of the Form ETA-9089, Appendix A, and a signed Final Determination.

Since June 1, 2023, USCIS has been adjudicating Form I-140 petitions filed with permanent labor certification Final Determinations, Schedule A applications, and NIW requests using the edition of the Form ETA-9089 and applicable appendices, developed for the FLAG system, so this FRN does not change any operations or processes. Instead, this FRN is meant to make the public aware of the new documentary requirements for permanent labor certification approvals, Schedule A applications, and NIW requests submitted with Form I-140 petitions following the implementation of the FLAG system.

Find more information on the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers and Checklist of Required Initial Evidence for Form I-140 webpages.