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H-1B Green Cards Foreign Workers

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

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

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

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

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.

Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

Jackson Lewis P.C. on

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over...more

Cozen O'Connor

Cozen O'Connor Immigration Catch Up: October 2023

Cozen O'Connor on

October 2023 not only provided amazing Halloween costumes but big updates to the United States and global immigration. The Cozen O’Connor catch-up this month highlights these changes and provides the details you need to...more

Amundsen Davis LLC

Minimize Your Cost by Starting the Green Card Process Early

Amundsen Davis LLC on

In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But...more

Clark Hill PLC

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

Clark Hill PLC on

Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical...more

Kerr Russell

Immigration Insider | February 2023

Kerr Russell on

Fiscal Year 2024 H-1B Lottery Filings- USCIS has announced that the H-1B registration period for the FY 2024 lottery will be open from March 1, 2023 (noon EST) to March 17, 2023 (noon EST.)...more

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

Employment-Based Immigration Updates for 2023

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Tarter Krinsky & Drogin LLP

Guidance for H-1B Workers Facing Termination of Employment

Recent massive layoffs and hiring freezes announced by major technology companies, coupled with fears of an imminent recession in the U.S. have significantly impacted workers and raised concerns among many currently employed...more

Fisher Phillips

Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

Fisher Phillips on

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23...more

CDF Labor Law LLP

[Webinar] So You Want To Hire an H-1B Professional? Pros and Cons of Hiring and Retaining Professional Foreign National Talent -...

CDF Labor Law LLP on

Many employers cannot find enough professional U.S. workers to meet their needs, especially in today's tough hiring market. Many competitive applicants indicate that they need visa support on their employment applications....more

Quarles & Brady LLP

OFLC Guidance on Hurricane Ida Impact

Quarles & Brady LLP on

Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...more

Constangy, Brooks, Smith & Prophete, LLP

Court Vacates Trump Administration Regs That Would Have Increased Prevailing Wage For H-1B, Green Card Workers

With the consent of the U.S. Department of Labor, a federal judge in San Francisco has vacated final regulations issued by the Trump Administration that would have significantly increased the “prevailing wage” that would...more

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for Manufacturers - Update

This alert was originally published on February 5, 2019. It has been updated as of June 23, 2021. Many visa options exist to enable U.S. manufacturing companies to employ talented professionals, researchers and managers...more

Akin Gump Strauss Hauer & Feld LLP

Inside The Immigration Reform Bill's Business Provisions

The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif. The bill is a key element of the president's...more

Harris Beach PLLC

Biden Immigration Bill: What it Means for Employment-based Immigration

Harris Beach PLLC on

On Thursday, February 18, House Democrats introduced the Biden Administration’s Immigration Bill “The U.S. Citizenship Act.” This is an ambitious, comprehensive immigration bill that likely will not be passed as a...more

Laner Muchin, Ltd.

Employment Authorization for H-4 Dependent Spouses Remains Available Under Biden Administration

Laner Muchin, Ltd. on

On January 25th, President Biden withdrew a proposal that would have rescinded employment authorization for certain H-4 dependent spouses of H-1B nonimmigrants. The proposed rule, ‘Removing H-4 Dependent Spouses from the...more

Burr & Forman

Top 5 Immigration Expectations Under the Biden Presidency

Burr & Forman on

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more

Constangy, Brooks, Smith & Prophete, LLP

DOL Will Increase Wage Rates For High-Skilled Worker Visas...Or Will It?

The U.S. Department of Labor has again issued a final rule on the computation of prevailing wage levels for high-skilled foreign workers. The rule is intended to replace a prevailing wage rule issued in October that was...more

Kramer Levin Naftalis & Frankel LLP

H-1B Cap Season, Mandatory COVID-19 Testing for All International Air Travelers to the US, and I-90 Receipt Rule

We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Introduces Major Changes to H-1B Visas and Employment-Based Green Cards

- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...more

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