News & Analysis as of

H-1B Form I-9 Department of Labor (DOL)

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 -
Littler

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler on

In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...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.

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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

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

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

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

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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

Holland & Hart - Employers' Lawyers

Immigration Updates in COVID-19 Times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other...more

Seyfarth Shaw LLP

Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022

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Seyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19. It continues to allow for the...more

Epstein Becker & Green

December 2020 Immigration Alert

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Federal District Court in California Sets Aside October 2020 DOL and USCIS H-1B Regulations - In last month’s Epstein Becker Green Immigration Alert, we reported that the U.S. Department of Labor (“DOL”) and U.S....more

Dentons

Breaking Update from DHS and DOL on Immigration and COVID-19

Dentons on

The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more

Fox Rothschild LLP

Immigration Agencies Response To The COVID-19/Coronavirus Pandemic

Fox Rothschild LLP on

In an effort to allay concerns and to enable our clients to adjust plans relevant to nonimmigrant or immigrant visa status in light of the current unprecedented situation, we are providing you with this update regarding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

FordHarrison

[Webinar] Immigration & Employment Issues Impacting IT Staffing Companies - August 1, 2:00pm ET

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The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more

Epstein Becker & Green

January 2019 Special Immigration Alert

Epstein Becker & Green on

Partial Federal Government Shutdown and How It Applies to an Immigration Workforce - On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more

Faegre Drinker Biddle & Reath LLP

2018 Hot Topics in Immigration and Global Mobility — Year in Review

More change, more scrutiny, more denials and more backlogs – this sums up 2018 in the immigration and global mobility field. As will be highlighted below, the Trump administration continued to radically alter established U.S....more

Butler Snow LLP

To Shut Down or Not to Shut Down . . . . What is Going to Happen to My Immigration Case?

Butler Snow LLP on

For the third time this year, a government shutdown is looming. While the Trump Administration is lobbying for funding for a border wall, thousands of lawful immigrants are wondering, “what is going to happen to my case?” The...more

Foley Hoag LLP

Document Diligence: An Employer's Guide to I-9 and H-1B Compliance

Foley Hoag LLP on

As we reported last month, Acting Executive Associate Director for Homeland Security Investigations (“HSI”) Derek N. Benner stated in a May 14, 2018 press release that “Employers need to understand that the integrity of their...more

Stinson LLP

How the Government Shutdown Impacts Immigration

Stinson LLP on

As Congress has been unable to pass a federal spending bill, the federal government has temporarily shut down. We are closely monitoring the situation and will provide updates as information becomes available. Our...more

Kramer Levin Naftalis & Frankel LLP

Impact of Government Shutdown on Immigration Matters

Here is what we know so far about how this past weekend’s federal government “shutdown” will affect immigration adjudications and other related matters. As U.S. Citizenship and Immigration Services (USCIS) operations are...more

Moore & Van Allen PLLC

Imminent Government Shutdown?

Moore & Van Allen PLLC on

Congress must pass stopgap legislation to avert a shutdown of the federal government by Friday, January 19th at midnight. The bill, if passed, would fund the government through February 16, 2018, setting up another potential...more

Vedder Price

The Immigration Report: 200 Days of the Trump Administration

Vedder Price on

Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump’s administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of...more

Fisher Phillips

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Jackson Lewis P.C.

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

Jackson Lewis P.C. on

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the...more

Seyfarth Shaw LLP

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

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Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

Epstein Becker & Green

September 2016 Special Immigration Alert

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I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Littler

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

Littler on

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

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