News & Analysis as of

H-1B Canada

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 -
Seyfarth Shaw LLP

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

Seyfarth Shaw LLP on

For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...more

Lippes Mathias LLP

Understanding the E-1 Treaty Trader Visa for Canadian Companies in the U.S.

Lippes Mathias LLP on

The E-1 Treaty Trader visa permits executives, managers, supervisors, and essential employees of non-U.S. companies that engage in substantial trade between the U.S. and a treaty country to obtain work permits valid for five...more

Benesch

Department of State to Resume Stateside H-1B Visa Renewal Program

Benesch on

Commencing January 29, 2024, and expected to run through April 1, 2024, DOS will launch a pilot program for certain eligible foreign nationals from Canada and India to renew their H-1B Visas stateside without having to travel...more

Holland & Knight LLP

Domestic H-1B Visa Renewals Start in January 2024

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Just in time to spread the holiday cheer, the U.S. Department of State announced that it will open a stateside visa renewal pilot program in January 2024. The program will be limited to a total of 20,000 H-1B visa...more

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on

Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Tarter Krinsky & Drogin LLP

Canada’s Creative Approach to Luring Foreign Talent Impacting U.S. H-1B Visa Holders

On July 16, 2023, the Immigration, Refugees, and Citizenship Canada (IRCC) enacted a new immigration program aimed exclusively at U.S. H-1B visa holders. The program announced that the annual cap of 10,000 applications had...more

Quarles & Brady LLP

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up...

Quarles & Brady LLP on

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent...more

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

Canada Makes a Competitive Play for H-1B Holders

Canada has announced an open work-permit stream directly recruiting U.S. foreign national H-1B visa holders to relocate to Canada....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - October 2020 #2

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The Saga Of The Stimulus Deal Continues. As readers of this newsletter are well aware, the negotiations over additional stimulus legislation to confront COVID-19, and all of its attendant consequences, has seen a number of...more

Gibney Anthony & Flaherty, LLP

National Interest Exceptions to Nonimmigrant  Visa Ban: U.S. Department of State Update August 12, 2020

The U.S. Department of State (DOS) released additional guidance expanding the scope of national interest exceptions to the June 24, 2020 Presidential Proclamation (PP 10052) banning the admission of certain J, H and L visa...more

Littler

Canada: Canadians are Exempt from President Trump’s Proclamation Suspending Certain US Work Visas

Littler on

On June 22, 2020, President Trump issued “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” suspending the issuance of new L-1, H-1B, H-2B and J-1...more

Tarter Krinsky & Drogin LLP

U.S. Immigration Developments March 2020: USCIS Closes Northern Border With Canada, Suspends Local Office Operations And Suspends...

On March 18, the President ordered that by mutual consent, with the government of Canada, our country will close its northern border to non-essential traffic. The President confirmed that trade will not be affected. Details...more

Butler Snow LLP

COVID-19: Impact on Business Immigration FAQs

Butler Snow LLP on

The current National Emergency is resulting in rapid changes to US immigration law and policy. We are monitoring those changes and will continue to update these FAQs with new developments...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

UB Greensfelder LLP

Judge Says Canadian Physicians Are Eligible for H-1B Admission Regardless of the J-1 Two-Year Foreign Residency Requirement

UB Greensfelder LLP on

A federal judge in New York has ruled that Canadian physicians who are subject to the J-1 two-year foreign residency requirement may enter the United States in H-1B status, even though they have not spent two years in Canada...more

Jackson Lewis P.C.

Tech Companies Expand To Canada

Jackson Lewis P.C. on

Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due...more

Holland & Knight LLP

Important Immigration Proposals by the Trump Administration Impacting Transportation and Infrastructure Companies

Holland & Knight LLP on

I. H-1B Visa Changes - H-1B visas are arguably the most common U.S. work visa applicable to all industries. Every year, United States Citizenship and Immigration Services (USCIS) has a limited number of H-1B visas...more

Epstein Becker & Green

USCIS Announces Limitation on NAFTA Eligibility in “Economist” Classification

Epstein Becker & Green on

On December 18, 2018, U.S. Citizenship and Immigration Services (“USCIS”) issued a news release announcing “clarifying policy guidance” on eligibility standards for qualifying as a TN “Economist” under the North American Free...more

Blake, Cassels & Graydon LLP

U.S. Immigration Solution: Canada is Open for Business

The competition for professional foreign workers continues to increase in many U.S. business sectors. In light of changing U.S. immigration laws and impending reform, however, American companies hiring foreign talent are...more

Moore & Van Allen PLLC

NAFTA and the Trump Administration

The Trump Administration announced this week its intention to renegotiate the North American Free Trade Agreement (NAFTA) with Canada and Mexico. After some speculation of the administration's intent to withdraw entirely from...more

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

Port-of-Entry Inspections and NAFTA Professional (TN) Visas: Differential Diagnosis for Advance Practice Nurses

Since President Trump first issued his executive order suspending travel to the United States by certain foreign nationals, a flood of generalized reports regarding changes to U.S. port-of-entry inspection operations emerged....more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Burr & Forman

What to Expect on the Immigration Front from President Trump?

Burr & Forman on

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

Kramer Levin Naftalis & Frankel LLP

The Potential Impact of the U.S. Presidential Election on Business Immigration

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

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