News & Analysis as of

H-1B Hiring & Firing Foreign Nationals

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 -
Fisher Phillips

USCIS Announces Second H-1B Lottery for FY 2025: 4 Points for Employers

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Federal immigration officials just announced yesterday that they are gearing up to conduct a second round of H-1B selections to ensure all slots for the FY 2025 cap are filled. If you receive new selections, you will be...more

Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

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Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

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

Fisher Phillips

Employees Can Renew Their H-1B Visas Stateside as of January 29: An Employer’s 4-Point Plan

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We told you that stateside H-1B visas were on their way back – and now we have a date. Starting January 29, H-1B visa holders will be allowed to renew their expiring or about-to-expire visas without leaving the U.S. This...more

Mitratech Holdings, Inc

[Webinar] Preparing for the H-1B Lottery: What We Know & Tips for Success - December 20th, 12:00 pm CT

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The H-1B Visa 2024 filing season is right around the corner. Are you prepared? This expert webinar will ensure you’re ready. H-1B season is upon us, and with only a few short months left to file, now is a crucial time to...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

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Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...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

Burr & Forman

Domestic Visa Renewal Could Return in 2024

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The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

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On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Littler

DOS Stateside Visa Renewal Pilot Program Expected in Early 2024

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The U.S. Department of State (DOS) sent a Federal Register notice titled, “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens” to the Office of Information and...more

Akerman LLP - HR Defense

It’s a Bird! It’s a Plane! No, It’s Domestic Visa Renewal!

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Every few years, employees working in the United States on nonimmigrant visas such as the H-1B and L-1 are forced to undertake the arduous journey to renew their visas at a consular post abroad. A valid visa is needed to both...more

Dickinson Wright

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

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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

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

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Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...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

Fisher Phillips

Immigration Planning: Top 5 Options for Manufacturing Companies to Hire Foreign Nationals

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The manufacturing industry has been facing a significant skilled labor shortage for years, and the COVID-19 pandemic has only exacerbated this issue. With the industry in constant need of skilled workers, manufacturers often...more

Quarles & Brady LLP

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

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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

Foreign National Layoffs Trigger Requirements and Present Opportunities

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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

Fisher Phillips

Snapshot on Life Sciences Industry: Alternate Ways Besides H-1B to Employ Foreign Nationals

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Welcome to FP Snapshot on Life Sciences Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact life science organizations. This...more

Fisher Phillips

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

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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

Fisher Phillips

H-1Bs and Beyond: 8 Tips for Employers to Hire Foreign Nationals During a Labor Shortage

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Employers around the country are finding it difficult to fill their workforce needs for a variety of reasons. Workers may be reluctant to return to the office after pandemic-related closures – or they may have moved to other...more

Fisher Phillips

6 Main Workplace Immigration Considerations During M&A Transactions

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Whether your organization is involved in the purchase of a company, a merger of corporate entities, or the spinoff of a business unit into an entirely new company, an often-overlooked aspect is taking the proper steps to...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 -...

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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

Akerman LLP - HR Defense

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...more

Burr & Forman

School District Update Podcast: Hiring H-1B Teachers in 2021-2022

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With the 2021-2022 school year around the corner, Melissa Azallion Kenny has put together a podcast for public school districts interested in using the H-1B visa strategy for teacher shortage occupations. Melissa addresses...more

Burr & Forman

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

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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

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