News & Analysis as of

H-1B Immigrants L-1 Visas

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 -
Jackson Walker

Business Immigration Expectations Under a Second Trump Administration

Jackson Walker on

With the re-election of former President Donald Trump, employers and international investors should prepare for significant changes in U.S. immigration policies. Based on his first term, campaign promises, and recent...more

Littler

USCIS to Implement Varying Filing Fees by Visa Category

Littler on

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more

Littler

USCIS Announces Increase of Filing Fees

Littler on

On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an increase to its filing fees across the board. The last such increase was in 2016. This change will be effective April 1, 2024. In some cases,...more

Baker Donelson

The Other Employer Sponsorship Program

Baker Donelson on

Sponsoring up-and-coming colleagues, particularly those from underrepresented groups, has become more widespread over the last decade. This sponsorship relationship is critical for the development, retention, and success of...more

Littler

DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and...

Littler on

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its...more

Seyfarth Shaw LLP

New Year, New Fees: Proposed USCIS Fee Increases

Seyfarth Shaw LLP on

On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more

Quarles & Brady LLP

Immigration-related Issues Employers (And Employees) Should Look Out for Before a Layoff or Reduction in Force

Quarles & Brady LLP on

2022 is concluding with significant economic uncertainty, principally illustrated by a series of announcements by major employers of layoffs and other reductions in force. It remains to be seen whether these corporate events...more

Gibney Anthony & Flaherty, LLP

H-1B Cap Alternatives: Visa Options for the Healthcare Industry and Biotechnology Companies

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional (degree-requiring) positions.  Most H-1B visas are subject to an annual quota or “cap.”  These are often referred to as...more

Jackson Lewis P.C.

Manufacturers Can Leverage Immigration To Fill Labor Gaps, Address Prevailing Skills Shortage

Jackson Lewis P.C. on

The United States is facing an unprecedented labor shortage. How can U.S. manufacturers’ labor shortage be solved with immigration? In June 2021, the U.S. Chamber of Commerce released the America Works Report, which is...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

Littler

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

Littler on

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Stinson LLP

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more

Kramer Levin Naftalis & Frankel LLP

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Cozen O'Connor

FY2022 H-1B Cap Lottery Registration

Cozen O'Connor on

On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2022 H-1B Cap Lottery will begin on March 9, 2021. ...more

Littler

President Biden Issues New Executive Orders and Supports Comprehensive Reform of Immigration Policy

Littler on

Former President Trump’s administration made countless policy changes that have transformed the U.S. immigration landscape over the past four years. With President Biden now in office after running a presidential campaign...more

Morgan Lewis

Immigration Developments: USCIS and Visa Updates

Morgan Lewis on

This alert summarizes a number of important developments affecting business immigration that occurred last week, including a number of federal court decisions enjoining certain presidential and regulatory actions, as well as...more

Arnall Golden Gregory LLP

ICYMI: Changes to Immigration-Related Fees, Forms, and Premium Processing

Effective October 2, 2020 employers and immigrant workers can expect changes when filing employment-based petitions with U.S. Citizenship and Immigration Services (USCIS). Employers will see higher government filing fees,...more

Cozen O'Connor

Changes to USCIS Fee Schedule and Forms

Cozen O'Connor on

On August 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20%....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - August 2020

Seyfarth Shaw LLP on

23 State AGs Coordinate to Sweep Shaky Legal Footing of Immigration Executive Orders.  As we at the PMN summarized here, and as Seyfarth explored here, on April 23, President Trump issued an Executive Proclamation banning...more

Morgan Lewis

Current Travel Restrictions and the Ability to File Certain Immigration Petitions and Applications

Morgan Lewis on

With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more

Littler

USCIS Announces Fee Increases

Littler on

The United States Citizenship and Immigration Services (USCIS) has announced a new fee structure that will take effect on October 2, 2020. The final rule, published in the Federal Register on August 3, 2020, announced that...more

Jackson Lewis P.C.

New Filing Fees Effective October 2

Jackson Lewis P.C. on

New USCIS filing fees will go into effect on October 2, 2020, under a new final rule published by the Department of Homeland Security (DHS) in the Federal Register on August 3, 2020. This rule raises fees by a weighted...more

Vinson & Elkins LLP

The Collateral Consequences Of Furloughing Employees On H-1B Visas

Vinson & Elkins LLP on

Though my primary job is to provide legal advice, during the last several months, I have often found myself providing emotional support to my friends in human resources and corporate law departments who have been charged with...more

Foley & Lardner LLP

Presidential Proclamation Suspending Entry of Some Employment-based Nonimmigrant Visa Categories Through December 31, 2020

Foley & Lardner LLP on

On June 22, 2020, President Trump issued a Presidential Proclamation extending the duration of the bar on immigrant visas through December 31, 2020 and creating a new temporary suspension of entry for foreign nationals...more

Cozen O'Connor

Presidential Proclamation Extending Suspension of Immigration from Abroad

Cozen O'Connor on

On June 22, 2020, President Donald Trump issued a proclamation continuing Proclamation 10014 of April 22, 2020, and suspending and limiting the entry of any individual seeking entry into the U.S. in any of the following...more

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