News & Analysis as of

H-1B Department of Labor (DOL) 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 -
Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

Harris Beach PLLC on

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

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

Beltway Buzz - June 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

BakerHostetler

New Green Card Path for High-Achieving Employees

BakerHostetler on

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Jackson Lewis P.C. on

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Harris Beach PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

Harris Beach PLLC on

The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

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

Beltway Buzz - October 2023 #4

Fourth Time’s a Charm. After three-plus weeks and three failed nominees, on October 25, 2023, the U.S. House of Representatives elected Mike Johnson (R-LA) to be the Speaker of the House by a vote of 220–209. Johnson, the...more

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

Beltway Buzz - October 2023 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. House of Pain. This week, the Buzz was...more

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

Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...more

Amundsen Davis LLC

Minimize Your Cost by Starting the Green Card Process Early

Amundsen Davis LLC on

In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...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

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Jackson Lewis P.C.

Manufacturing, Other Employers’ Compliance With Immigration Rules During Strikes

Jackson Lewis P.C. on

After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants...more

Dickinson Wright

Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition...

Dickinson Wright on

Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. ...more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Harris Beach PLLC

Dept. of Labor Migrates PERM Labor Certification Application to FLAG Web Portal

Harris Beach PLLC on

Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and...more

DirectEmployers Association

OFCCP Week In Review - March 2023 #4

...DHI Group Inc. (“DHI”) is a job-search website operator posting corporate job vacancies for technology professionals on its Dice.com website. DHI has now agreed to settle numerous U.S. Equal Employment Opportunity...more

197 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide