News & Analysis as of

H-1B E-Verify Green Cards

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 -
Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Jackson Lewis P.C.

Workplace Issues Of Reopenings, Returning To Work

Jackson Lewis P.C. on

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour...more

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...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

Lowndes

Immigration 2017: What Businesses Need To Know

Lowndes on

Since this past weekend, worldwide media has been fixated on President Trump’s January 27, 2017 Executive Orders, including the temporary suspension of travel to the US by individuals from seven designated countries. Given no...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

Carlton Fields

What will U.S. Business Immigration Look Like Under A Trump Administration?

Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Mintz - Immigration Viewpoints

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

Laner Muchin, Ltd.

Immigration Shutdown: Green Card Process Delayed And E-Verify Unavailable During Government Shutdown

Laner Muchin, Ltd. on

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), which processes Applications for Permanent Employment Certification (the first stage of the green card process), prevailing wage requests and Labor...more

Genova Burns LLC

Senate Approves Bill Overhauling Immigration Law

Genova Burns LLC on

Last week the Senate passed its closely watched immigration reform bill, known as the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, by a vote of 68-32. ...more

Brownstein Hyatt Farber Schreck

Immigration Reform in the 113th Congress

In 2007, when a bipartisan group of senators and then President Bush tried to pass major immigration reform legislation, vocal opposition to the effort doomed the bill and any real attempt at reform since. The 2012 election...more

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

Post-Election Immigration Reform - What’s At Issue?

The prospect of comprehensive immigration reform appears to be gaining momentum. In January, a bipartisan group of eight senators announced a broad proposal for immigration reform (“Bipartisan Framework for Comprehensive...more

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