News & Analysis as of

H-1B Employer Liability Issues Department of Homeland Security (DHS)

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 -
Gibney Anthony & Flaherty, LLP

Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. Employers seeking to register employees...more

Woods Rogers

Trump’s Immigration Crackdown: Key Policies & Impact on Businesses

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President Trump has launched the most extensive deportation effort in U.S. history, reshaping immigration laws. An estimated 11-15 million undocumented immigrants live in the U.S. The Executive Orders and policy changes...more

Jackson Lewis P.C.

President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers

Jackson Lewis P.C. on

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has...more

Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

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The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...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

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

Womble Bond Dickinson

Employer Compliance & Enforcement 2019 in Retrospect – Where do We Go from Here?

Womble Bond Dickinson on

The following are some immigration enforcement and compliance trends we are watching closely heading into the New Year—as well as some steps employers can take to stay a step ahead of these fast-moving regulatory and...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New H-1B Prefiling Registration System and Changes to H-1B Lottery

• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period. • DHS proposes to use a computer-generated process to select a...more

Mintz - Immigration Viewpoints

Be Prepared: DHS Site Visits on the Rise

The Department of Homeland Security (DHS) conducts site visits at the offices of employers who petitioned or are petitioning for temporary work visas on behalf of their employees. These site visits are funded by the $500...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

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To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Bradley Arant Boult Cummings LLP

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Foley & Lardner LLP

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

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Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Foley & Lardner LLP

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Foley & Lardner LLP on

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more...more

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