News & Analysis as of

H-1B Immigration 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

Gibney Anthony & Flaherty, LLP

Stateside H-1B Visa Renewal Moves Closer to Implementation

The Office of Information and Regulatory Affairs (OIRA) cleared a rule that will allow limited stateside H-1B visa renewal. As previously reported, the proposed pilot program will allow 20,000 eligible participants,...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Harris Beach PLLC

Health Care Providers Turn to Immigration to Address Nursing Shortage

Harris Beach PLLC on

While the peak of the COVID pandemic may be behind us, the United States health care industry continues to deal with unprecedented staffing shortages, particularly when it comes to nurses. Even a cursory Google search brings...more

Harris Beach PLLC

Immigration Not Yet a Perfect Answer to Nursing Shortage

Harris Beach PLLC on

Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more

Constangy, Brooks, Smith & Prophete, LLP

What Employers Can Expect From The Biden Administration, Part 2

Predictions from our attorneys in the practice areas that affect employers. NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more

Roetzel & Andress

2021 Outlook On Business And Employment-Based Immigration

Roetzel & Andress on

In the year 2020, the Trump Administration announced many changes to employment-based immigration. With many of these changes currently being litigated, and in light of the presumptive results of the recent presidential...more

Jackson Lewis P.C.

H-1B Update: Administration To Increase Scrutiny, Investigations

Jackson Lewis P.C. on

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas. Without Congressional oversight or legislative changes, the Trump Administration has changed the policies...more

UB Greensfelder LLP

What Employers Need to Know About COVID-19 and H-1B Workers

UB Greensfelder LLP on

Department of Labor (DOL) regulations require employers to abide by the terms and conditions of the H-1B visa program, including all DOL and U.S. Citizenship and Immigration Services (USCIS) guidelines. With the sudden...more

Jackson Lewis P.C.

DHS: Extra H-2B Visas On Hold Because Of High Unemployment Due To COVID-19

Jackson Lewis P.C. on

Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced. Shortfalls of H-2B visas have been a perennial problem. Used for...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

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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