News & Analysis as of

H-1B United States-Mexico-Canada Agreement (USMCA)

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 -
Lippes Mathias LLP

Understanding the E-1 Treaty Trader Visa for Canadian Companies in the U.S.

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The E-1 Treaty Trader visa permits executives, managers, supervisors, and essential employees of non-U.S. companies that engage in substantial trade between the U.S. and a treaty country to obtain work permits valid for five...more

Tonkon Torp LLP

FY2025 H-1B Cap Registration – What You Need to Know

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Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification. Registrations will be submitted...more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Tonkon Torp LLP

FY2024 H-1B Cap Registration – What You Need to Know

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Registrations for the FY2024 H-1B quota must be submitted electronically to USCIS in March 2023. We expect USCIS to designate a two-week registration period shortly. Last year USCIS charged a $10 fee per registration....more

Kerr Russell

Immigration Insider | September 2022

Kerr Russell on

Updates on the H-1B lottery process and TN-2 visa applications are included in this month’s edition of Immigration Insider. H-1B Lottery Cap Reached- USCIS announced that it received a sufficient number of H-1B petitions...more

Tarter Krinsky & Drogin LLP

H-1B Cap Filing Season is Just Around the Corner: A Refresher on the H-1B Process - January 2022

Background- The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas and facilitates the employment of foreign nationals entering the United States to perform employment in...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

Tarter Krinsky & Drogin LLP

H-1B Cap Season Is Imminent - What You Should Know This Year

With the new Biden administration at the helm, we note that the H-1B final midnight regulations promulgated Friday, January 15, 2021, by the former administration have been rescinded. Those regulations, which set up a...more

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

Beltway Buzz - January 2020

2020 Preview. -= Federal lawmakers returned to Washington, D.C., this week to kick off the second session of the 116th Congress. With national political elections 10 months away, the policy debates will be amplified, and...more

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

Beltway Buzz - December 2019 #2

USMCA on the Way? Lawmakers on both sides of the political aisle claimed victory this week over what appears to be a breakthrough in negotiations over the United States–Mexico–Canada Agreement (USMCA) trade agreement. Of...more

Akin Gump Strauss Hauer & Feld LLP

What's New in Washington - November 2019

Congress returns to Washington this week after the Thanksgiving recess to find a feast of leftover legislative items still on the table. Congress has a limited number of days remaining on the 2019 legislative calendar to...more

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

Beltway Buzz - August 2019 #3

Final Overtime Rule Advances. The U.S. Department of Labor’s Wage and Hour Division’s proposal to increase the salary threshold regarding overtime pay to slightly more than $35,000 per year took another step forward in the...more

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