News & Analysis as of

H-1B New Guidance

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 -
Miller Canfield

Domestic H-1B Visa Renewals: Learn How to Apply on Jan. 29

Miller Canfield on

The Department of State “DOS” has published guidance and FAQs advising eligible H-1B visa applicants on how they can participate in its pilot program for domestic H-1B visa renewals, which will begin on January 29, 2024. ...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

Jackson Lewis P.C.

USCIS Reaches Settlement Agreement for H-1B Petitions in Madkudu v. USCIS

Jackson Lewis P.C. on

USCIS entered into a settlement agreement in Madkudu v. USCIS that may signal changes in how USCIS will determine which positions qualify as a “specialty occupation” for H-1B purposes. During the Trump Administration, USCIS...more

Laner Muchin, Ltd.

USCIS Issues Policy Guidance on Deference to Previous Petition Decisions

Laner Muchin, Ltd. on

On April 27, 2021, the U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual instructing USCIS officers to give deference to prior determinations when adjudicating petition...more

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

Beltway Buzz - February 2021

Congress Sees Its Shadow. It was Groundhog Day this past week, and it sure feels like we have been living the same day over and over again with the way that the parties in Congress can’t agree on an economic stimulus package....more

Foley & Lardner LLP

DOL and DHS Amend Rules on Prevailing Wage and H-1B Requirements

Foley & Lardner LLP on

President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more

Gibney Anthony & Flaherty, LLP

National Interest Exceptions to Nonimmigrant  Visa Ban: U.S. Department of State Update August 12, 2020

The U.S. Department of State (DOS) released additional guidance expanding the scope of national interest exceptions to the June 24, 2020 Presidential Proclamation (PP 10052) banning the admission of certain J, H and L visa...more

Harris Beach PLLC

U.S. Department of State Issues Guidance on New Exceptions to COVID-Related Travel Restrictions

Harris Beach PLLC on

On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first creates new exceptions to the Proclamation barring anyone who has been within a...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Kramer Levin Naftalis & Frankel LLP

USCIS Provides Additional Guidance for H-1B Electronic Registration Process for FY 2021 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

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

DOL Issues Guidance on H-1B Notice Requirements

The Wage and Hour Division of the U.S. Department of Labor (DOL) has published a bulletin highlighting the H-1B notice and posting procedures with which employers must comply if they elect to provide electronic notice of...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

Carlton Fields on

Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Dentons

September 2018 Immigration Analysis - Deference to Prior Determinations

Dentons on

This month, we are posting status updates on a few immigration policies that impact our clients. Last week, we covered the travel ban and changes to advance parole. ...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

Fisher Phillips on

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Littler

USCIS Publishes Policy Memorandum on H-1B Third-Party Worksite Requirements

Littler on

The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. ...more

Williams Mullen

The Future of H-1B Visas May Be Scrooged

Williams Mullen on

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” In recent months, several changes to the program have either been announced or proposed, with...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide