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H-1B Visas 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

Harris Beach PLLC

USCIS Updates Guidance for O-1A Petitions with a Focus on STEM Fields

Harris Beach PLLC on

On July 22, 2022, U.S. Citizenship and Immigration Services updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a...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

Fisher Phillips

April Sees End to Work Visa Ban, Bringing Relief to Employers

Fisher Phillips on

The Trump-era Presidential Proclamation that temporarily suspended certain nonimmigrant visas expired at the end of March, and federal immigration officials announced that temporary workers could once again begin applying for...more

Jackson Lewis P.C.

USCIS: Premium Processing Available For E-3 Visa Change, Extension On Behalf Of Australian Nationals

Jackson Lewis P.C. on

In a surprising and welcome development to U.S. employers, USCIS today announced that employers filing E-3 visa petitions on behalf of Australian nationals will have the option of requesting premium processing when requesting...more

Foley & Lardner LLP

The COVID-19 Hits Keep Coming – Certain Work Visas Halted Until 2021

Foley & Lardner LLP on

Last week, President Trump signed a proclamation suspending the issuance of new H-1B, H-2B, J and L visas through December 31, 2020 (description of the types of visas are included below). The proclamation, which took effect...more

ArentFox Schiff

New Executive Order Restricts US Entry of Foreign Workers

ArentFox Schiff on

President Trump has issued an Executive Order restricting foreign nationals from entering the US in various temporary work visa categories (H-1B, H-2B, L-1, and certain J-1 categories, restricting entry of family members...more

Jackson Lewis P.C.

New Work Visas Suspended Under Presidential Proclamation Until End Of 2020

Jackson Lewis P.C. on

The day before his previous Proclamation on immigrant visa was to expire, President Donald Trump signed the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus...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

Jackson Lewis P.C.

Lawmakers Seek Additional Immigrant Visas For Doctors, Nurses To Ease Shortage Of Healthcare Workers

Jackson Lewis P.C. on

A bi-partisan group has introduced a new bill in both the House and the Senate that would make additional immigrant visas (green cards) available to doctors and nurses. The Healthcare Workforce Resilience Act (HWRA) would...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

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

Bradley Arant Boult Cummings LLP

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

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U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

Foster Garvey PC

USCIS to Resume Premium Processing for all H-1B Petitions by October 3

Foster Garvey PC on

The U.S. Citizenship and Immigration Services indicated during a September 27, 2017, call with the American Immigration Lawyers Association (AILA) that it is on track to resume offering its Premium Processing service on or...more

Foster Garvey PC

Now Effective: USCIS Resumes Premium Processing for H-1B Petitions Selected Under Fiscal Year 2018 Cap

Foster Garvey PC on

On Monday, September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume offering its 15-day Premium Processing service for any H-1B visa petition still pending that had been...more

Mintz

H-1B Premium Processing Resumed

Mintz on

On September 18, 2017, USCIS resumed premium processing for all H-1B visa petitions that are subject to the FY2018 annual cap....more

Burr & Forman

The RAISE Act – Legal Immigration Faces Challenges

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In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more

Mintz

DHS Site Visits and Inspections — Be Prepared

Mintz on

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

Tonkon Torp LLP

Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

Tonkon Torp LLP on

February 28, 2017 U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is...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

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

King & Spalding

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

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President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker”...more

Mintz

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

Mintz on

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

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