News & Analysis as of

H-1B Temporary Work 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 -
International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

CDF Labor Law LLP

[Webinar] The Good, the Bad, and the Ugly: Navigating the H-1B Visa in 2024 - February 22nd, 10:00 am PT

CDF Labor Law LLP on

This complimentary webinar will be led by Richard M. Green, Partner & Chair of CDF's Immigration Practice Group, and will delve into the critical aspects of the H-1B visa. This webinar will explore general eligibility, recent...more

Clark Hill PLC

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

Clark Hill PLC on

Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical...more

Baker Donelson

The Other Employer Sponsorship Program

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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

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Adams and Reese LLP

[Webinar] H-1B Visas: An Employer’s Guide to Hiring Temporary Specialty Occupation Workers - February 15th, 12:00 pm - 1:00 pm CST

Adams and Reese LLP on

Litigator Mary Kate Fernandez will present a one-hour CLE regarding the upcoming changes to the H-1B visa and how those changes will affect the sponsorship process. The H-1B visa is a valuable tool for US employers looking...more

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

International Lawyers Network

Establishing A Business Entity In The United States

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...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

Burr & Forman

Federal Court Bars Government from Enforcing Presidential Proclamation’s Suspension of Nonimmigrant Visas Against Thousands of...

Burr & Forman on

Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...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

Rivkin Radler LLP

How Will President Trump’s Immigration Ban 2.0 Affect You?

Rivkin Radler LLP on

On June 22, 2020, President Trump issued an executive order that bans certain nonimmigrants from entering the United States (the “Nonimmigrant Ban”) until December 31, 2020. The Nonimmigrant Ban comes on the heels of an April...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Seyfarth Shaw LLP

Social Security Administration Office Closures and Impact on Social Security Number Issuance

Seyfarth Shaw LLP on

With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Mintz - Immigration Viewpoints

Visa Backlog Blues

Yesterday July 11, 2019, the Department of State (DOS) disappointed a lot of people when it published its August, 2019 Visa Bulletin. In this most recent Visa Bulletin, DOS announced that the 2nd and 3rd preference...more

Seyfarth Shaw LLP

Sourcing The Right Talent While Grappling With Business Immigration: A Continuing Tug-of-War

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Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more

Mintz - Immigration Viewpoints

Be Prepared: DHS Site Visits on the Rise

The Department of Homeland Security (DHS) conducts site visits at the offices of employers who petitioned or are petitioning for temporary work visas on behalf of their employees. These site visits are funded by the $500...more

Holland & Knight LLP

H-1B Visa Filing Deadline: April 1, 2018

Holland & Knight LLP on

New H-1B visa petitions for Fiscal Year (FY) 2019, which begins Oct. 1, 2018, will be accepted for filing starting on April 1, 2018, which means employers should have their H-1B visa petitions ready to be sent to U.S....more

Foster Garvey PC

Strong Demand Expected for FY2019 H-1B Filings: Employers Should Plan Now

Foster Garvey PC on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming H-1B cap filing season commencing this year on Monday, April 2, 2018. Employers should start identifying...more

Dentons

Are Changes Coming to the H-1B Program?

Dentons on

The H-1B temporary work visa program has been the focus of much speculation lately. Recent news reports have claimed that the Trump Administration is planning major changes to the program in 2018. ...more

Jackson Lewis P.C.

Immigration Law Enforcement and Visa Programs Focus of Draft Executive Order

Jackson Lewis P.C. on

President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by...more

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