News & Analysis as of

H-1B Immigration United States Citizenship and Immigration Services

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 -
Sheppard Mullin Richter & Hampton LLP

Having Trouble Recruiting Physicians? The Conrad 30 Window is Opening Soon

The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a...more

Foley Hoag LLP

Department of State Announces Domestic Visa Renewal Pilot for Certain H-1B Visa Applicants

Foley Hoag LLP on

On December 21, 2023, the State Department announced a pilot program to resume domestic visa renewals for certain qualified H-1B nonimmigrant visa applicants. For the last 20 years, H-1B visa holders have been required to...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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Harris Beach PLLC

Health Care Providers Turn to Immigration to Address Nursing Shortage

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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

Harris Beach PLLC

Requesting Forgiveness of Late-Filed Applications to Extend Immigration Status

Harris Beach PLLC on

In a recent post, this blog covered the more-complicated-than-it-seems issue of how someone can best determine exactly when their lawful immigration status in the United States expires. We discussed the matter of how, in some...more

Harris Beach PLLC

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

Harris Beach PLLC on

On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more

Constangy, Brooks, Smith & Prophete, LLP

Settlement Is Good News For L-2 And H-4 Spouses Needing Employment Authorization

The U.S. Department of Homeland Security has agreed to make policy changes that will benefit L-2 spouses and certain H-4 nonimmigrants filing renewal applications for Employment Authorization Document cards...more

Baker Donelson

State of Play in Business and Family Immigration

Baker Donelson on

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Hahn Loeser & Parks LLP

A Shift In Immigration Priorities: Anticipated Changes From The Biden Administration

Hahn Loeser & Parks LLP on

President-elect Joe Biden’s administration will inherit the Trump administration's restrictive immigration policies and regulations. During President Trump’s tenure, he has overseen more than 400 immigration policy changes –...more

Roetzel & Andress

2021 Outlook On Business And Employment-Based Immigration

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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

McCarter & English, LLP

U.S. Entry Restrictions And Immigration Update June, 2020

U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies. U.S. Entry...more

Fox Rothschild LLP

Premium Processing Resumes: June 2020 Phase-In Dates

Fox Rothschild LLP on

On Friday, May 29, 2020, U.S. Citizenship and Immigration Services (USCIS) announced plans for the phased-in resumption of premium processing for eligible I-140 Immigrant Petition for Alien Worker petitions and eligible I-129...more

Husch Blackwell LLP

USCIS Updates Employer Guidance For Completion Of Form I-9

Husch Blackwell LLP on

U.S. Citizenship and Immigration Services (USCIS) recently updated its Handbook for Employers: Guidance for Completing Form I-9, also called M-274. These changes are meant to clarify and add detail to existing Form I-9...more

Fox Rothschild LLP

COVID-19 Immigration Updates: USCIS Extends Immigration Related Due Dates And Temporary Flexibility For List B Documents For I-9...

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USCIS extends immigration related deadlines: On March 30, 2020, in response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced an extension of the flexibility it announced to assist...more

Holland & Hart LLP

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

McCarter & English, LLP

U.S. Immigration And Employment Interruption Guidelines

COVID-19 has erased a decade of job growth in less than one month. The pandemic has halted most economic endeavors not only in the United States but throughout most of the world. On a macro level, there is an extraordinary...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

Vedder Price

Immigration Q&A for the COVID-19 Pandemic

Vedder Price on

The novel coronavirus, which causes the disease COVID-19, is a pandemic threatening populations around the world. As the result of various government orders and in an attempt to flatten the curve of the pandemic progression,...more

Butler Snow LLP

COVID-19: Impact on Business Immigration FAQs

Butler Snow LLP on

The current National Emergency is resulting in rapid changes to US immigration law and policy. We are monitoring those changes and will continue to update these FAQs with new developments...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

Baker Donelson

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

Baker Donelson on

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

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