News & Analysis as of

H-1B Work Visas Department of Labor (DOL)

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 -
Offit Kurman

What is an H1B and Who Should Know About It?

Offit Kurman on

The H-1B nonimmigrant visa allows companies and other employers in the United States to temporarily employ foreign workers for up to six years in occupations that require the theoretical and practical application of a body of...more

Jackson Lewis P.C.

Reconsidering Repayment Agreements with Foreign Employees

Jackson Lewis P.C. on

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Jackson Lewis P.C.

Manufacturing, Other Employers’ Compliance With Immigration Rules During Strikes

Jackson Lewis P.C. on

After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants...more

Jackson Lewis P.C.

Workplace Issues Of Reopenings, Returning To Work

Jackson Lewis P.C. on

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour...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

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

Fisher Phillips

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order...

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his...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

King & Spalding on

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

Lowndes

Immigration Laws Stifle US Business

Lowndes on

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

BakerHostetler

Powerball for H-1B Visas

BakerHostetler on

Lottery mania has been sweeping the nation as Powerball winnings exceeded $1 billion for the first time. For highly skilled foreign nationals and the employers who desire to employ them, a different kind of lottery mania is...more

Littler

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

Littler on

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

Littler

USCIS Issues New Procedures for Determining Time for Filing Green Card Application

Littler on

On September 9, 2015, the U.S. Citizenship and Immigration Services (USCIS) promulgated new procedures for determining the visa availability date for individuals waiting to file employment- and family-based applications for...more

Franczek P.C.

White House Releases Report on Improving and Modernizing the Immigration System to Meet 21st Century Needs

Franczek P.C. on

Earlier this month, the White House released a review of the United States’ immigration policies in a report entitled, “Modernizing & Streamlining our Legal Immigration System for the 21st Century.” The Report highlights key...more

FordHarrison

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

FordHarrison on

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

16 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