News & Analysis as of

H-1B Foreign Nationals National Interest Waiver

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 -
Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

Quarles & Brady LLP on

A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Burr & Forman

Regional COVID-19 Travel Ban Exception Criteria Change

Burr & Forman on

While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates.  Travel restrictions aimed at curbing the spread of...more

Burr & Forman

Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires

Burr & Forman on

On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more

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

State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals

On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry 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

Arnall Golden Gregory LLP

U.S. State Department Announces New Guidance on National Interest Exceptions to U.S. Travel Ban

We are happy to announce that, on August 12, 2020, the U.S. State Department provided important guidance on U.S. travel that may qualify for a National Interest Exception to recent Presidential Proclamation 10052 (P.P....more

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