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H-1B Appeals United States Citizenship and Immigration Services

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Holland & Hart LLP

Appeals Court Decision Shines a Spotlight on H-1B Employees and Work Site Location

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The recent rise in remote work has transformed industries across the United States, with a large number of employers allowing employees to perform their jobs entirely from home. In many cases, an employee’s home can be...more

Harris Beach PLLC

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

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On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more

Fisher Phillips

Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition

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A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. At the...more

Harris Beach PLLC

Administrative Abuse of Discretion and Power "Beggars Belief"

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On January 23, 2020, the Federal Court of Appeals for the Seventh Circuit issued a scathing decision that has garnered much attention. (Baez-Sanchez v. Barr, No. 19-1642 (7th Cir. 2020). It was not the merits of the...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

You’ve Got Mail … if You’re an Employer: Seventh Circuit Rules Employees Are Not Entitled to Same Visa Revocation Notice

On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more

Littler

USCIS Guidance Clarifies Employer Obligations to Amend H-1B Visa Petitions, Sets Compliance Deadline

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On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location. This guidance is in...more

Franczek P.C.

New USCIS Guidance Has Significant Consequences for H-1B Employers

Franczek P.C. on

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

Epstein Becker & Green

Immigration Alert: September 2014

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Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

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