News & Analysis as of

H-1B Canada Foreign Workers

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

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

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

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

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

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

Littler

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

Littler on

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

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