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United States Citizenship and Immigration Services › Prevailing Wages › H-1B

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

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The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Lippes Mathias LLP

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

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USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...more

Holland & Hart LLP

Appeals Court Decision Shines a Spotlight on H-1B Employees and Work Site Location

Holland & Hart LLP on

The recent rise in remote work has transformed industries across the United States, with a large number of employers allowing employees to perform their jobs entirely from home. In many cases, an employee’s home can be...more

Harris Beach PLLC

Dept. of Labor Migrates PERM Labor Certification Application to FLAG Web Portal

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Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and...more

Tarter Krinsky & Drogin LLP

Upcoming Immigration Regulatory Changes

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At the beginning of each fiscal year, U.S. government agencies announce their regulatory agendas, which guide the agencies’ future actions. Here are the most relevant short and long-term regulatory changes that have been...more

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Will Open on March 1, 2022

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For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window starts on March 1...more

Robinson+Cole Construction Law Zone

Consider the H-1B Visa to Build Your Construction Industry Workforce

Robinson+Cole Construction Law Zone on

Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International...more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

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

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Burr & Forman

America’s Immigration System: President Biden’s First 100 Days

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Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more

Nilan Johnson Lewis PA

Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

Nilan Johnson Lewis PA on

Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

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After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Akerman LLP - HR Defense

Biden Quickly Shifts Immigration Policies – What Employers Need to Know

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With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that...more

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

Biden Administration Business Immigration Changes: What to Expect for Employers

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

On January 20, 2021, President Joseph R. Biden Jr. demonstrated he will pursue a broad immigration reform agenda. The new administration has proposed comprehensive legislation to Congress that aims to create a path to...more

Sherman & Howard L.L.C.

Time For Employers To Plan Efforts Toward H-1B “Professional” Work Authorization For Foreign Recruits

Sherman & Howard L.L.C. on

Employers with foreign recruits or existing staff from other countries should start now to consider and assess possible H-1B “professional” nonimmigrant petition eligibility. There are significant developments under...more

Gibney Anthony & Flaherty, LLP

Biden Administration Tackles Immigration on Day One

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On its first day in office, the Biden Administration acted to reverse numerous hardline immigration policies from the prior administration and to advance immigration reforms. Some action comes in the form of executive orders...more

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more

Williams Mullen

DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries

Williams Mullen on

On January 8th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of...more

Tonkon Torp LLP

New Regulation Creates Wage-Based Selection Process For H-1B Lottery

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On January 8, 2021, the Department of Homeland Security published a new regulation that will change the annual H-1B cap selection process from random selection to wage-based selection. In short, USCIS will rank and select...more

CDF Labor Law LLP

USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System

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Yesterday, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated.  Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000...more

Kramer Levin Naftalis & Frankel LLP

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

Kramer Levin Naftalis & Frankel LLP on

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more

Harris Beach PLLC

Recent H-1B Restrictions Overturned by Federal Court

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On December 1, 2020, the U.S. District Court for the Northern District of California issued a decision overturning two recent Interim Final Rules promulgated by the U.S. Department of Labor (DOL) and U.S. Department of...more

Roetzel & Andress

2021 Outlook On Business And Employment-Based Immigration

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In the year 2020, the Trump Administration announced many changes to employment-based immigration. With many of these changes currently being litigated, and in light of the presumptive results of the recent presidential...more

Jackson Lewis P.C.

What's at Stake for Immigration?

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The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

Seyfarth Shaw LLP

Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry

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The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary...more

Parker Poe Adams & Bernstein LLP

Impact of Recent Federal Changes on Sponsorship of Foreign Workers

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The U.S. Department of Labor recently announced changes that will make it harder for employers to meet the prevailing wage standard to bring in temporary professional workers under H-1B visas. The changes are also likely to...more

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