News & Analysis as of

H-1B Foreign Nationals H-2B

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

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

Littler on

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Harris Beach PLLC

It's H-2B Visa Season: What Seasonal Employers Need to Know for 2022

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

International Lawyers Network

Establishing A Business Entity In The United States

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Burr & Forman

America’s Immigration System: President Biden’s First 100 Days

Burr & Forman on

Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more

Mintz - Immigration Viewpoints

H, L, and J Visa Ban Expires

It has been widely reported that President Biden will not renew the June 2020 Presidential Proclamation, which restricted the entry of H-1B, H-2B, L-1, and certain J-1 travelers into the United States. This nonimmigrant visa...more

Morgan Lewis

Presidential Proclamation 10052 Expires

Morgan Lewis on

The Biden-Harris administration has allowed Presidential Proclamation 10052 (PP 10052) to expire as of March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

UB Greensfelder LLP

President Trump Extends Ban on H-1B, H-2B, L, and J Visa Applicants Through March 31, 2021

UB Greensfelder LLP on

Over the New Year’s holiday, the Trump administration extended the suspension on entry of H-1B, H-2B, J (for exchange visitors participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel...more

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

Trump Administration Extends Visa Bans to March 31, 2021

On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas as outlined in its April 22, 2020, and June 22, 2020, proclamations....more

Seyfarth Shaw LLP

President Trump Extends Immigrant and Nonimmigrant Visa Ban

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more

BakerHostetler

Summary of National Interest Exceptions to Presidential Proclamation 10052 for H-1B and L-1 Visa Applicants

BakerHostetler on

On June 22, President Trump took aggressive action impacting a wide group of temporary foreign national workers. In Presidential Proclamation 10052, President Trump suspended the entry of certain temporary workers who are...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

Dentons

Exceptions to Recent Travel Bans Announced

Dentons on

On August 12, 2020, the Department of State (DOS) updated and expanded guidance regarding exceptions to the employment-related entry suspensions (Presidential Proclamations 10014 & 10052). As a reminder, these are the...more

Burr & Forman

President Amends Proclamation to Tighten Restrictions on Certain Classifications of Non-Immigrants

Burr & Forman on

As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided...more

Laner Muchin, Ltd.

Recent Executive Order Restricts Entry of Various Nonimmigrant Workers into the U.S.

Laner Muchin, Ltd. on

On June 22, 2020, citing the COVID-19 pandemic, President Trump issued an Executive Order suspending the entry of various foreign workers into the U.S. through the end of the year. Specifically, the Executive Order states,...more

Jackson Lewis P.C.

White House Issues Amendment To Presidential Proclamation On Suspension Of New Work Visas

Jackson Lewis P.C. on

The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...more

Vedder Price

Presidential Proclamation Suspending Entry For Nonimmigrants Seeking To Enter U.S. On H-1B, H-2B, J And L Visas

Vedder Price on

On June 22, 2020, the President issued an extension and expansion of a previously issued Proclamation that suspends the entry of certain foreign nationals into the United States. The previous Proclamation suspended the...more

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

Beltway Buzz - June 2020 #4

Administration Limits Nonimmigrant Visas. On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation...more

FordHarrison

Immigration Alert: Update on Suspension of Entry of Certain Foreign Workers Until the End of 2020

FordHarrison on

As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas (“green cards”) outside of the United...more

Hogan Lovells

President Trump expands temporary suspension to include certain non-immigrant visa categories and extend the period of suspension...

Hogan Lovells on

On 22 June President Trump signed the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. This executive action extends the president's April 2020 suspension...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

Pullman & Comley - Labor, Employment and...

Workers Already in U.S. Are Exempt from Suspension of New Work Visas

On June 22, 2020, President Trump issued an executive order suspending the issuance of a variety of United States work visas until the end of 2020. ...more

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