News & Analysis as of

Exemptions H-1B

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

Potential H-1B Cap-Exempt Options for Healthcare Employers

As the fiscal year (FY) 2025 H-1B cap season quickly approaches, it is worth remembering that certain employers of healthcare professionals, such as healthcare systems and hospitals, may be eligible for H-1B cap-exemption....more

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Dorsey & Whitney LLP

U.S. Announces China Coronavirus Travel Ban

Dorsey & Whitney LLP on

Late on Friday, January 31, 2020, President Donald Trump issued a Presidential Proclamation (“the order”) barring entry to the United States for most foreign nationals who have visited the People’s Republic of China (PRC)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Harris Beach PLLC

Exemptions to H-1B Cap May Lead to Jackpot Without Winning Lottery

Harris Beach PLLC on

As another H-1B cap season comes and goes, tens of thousands of hopeful employers and employees will again be informed that their H-1B visa petitions were not among the 85,000 selected in USCIS’s random lottery for processing...more

Proskauer Rose LLP

USCIS makes Critical Announcements for the Upcoming H1B Cap Season

Proskauer Rose LLP on

The start of the fiscal year (FY) 2020 H-1B cap season is almost here and today USCIS announced: - Two Phased Premium Processing of cap subject petitions; - The launch of a new data hub for H-1Bs; - and Confirmed...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New Public Charge Rule

• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on “public charge” determination. This will affect the processing of...more

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

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding...more

Kramer Levin Naftalis & Frankel LLP

Executive Order Bans Entry of Foreign Nationals From Seven Countries

Last Friday, President Trump signed an executive order banning the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of at least 90 days. The executive order,...more

Burr & Forman

New DHS Rule Extends H-1B Cap Exemptions

Burr & Forman on

One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more

Mintz

DHS Codifies and Clarifies the Parameters of Cap-Exempt H-1B Employment

Mintz on

In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that...more

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

Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,...more

Mintz - Employment, Labor & Benefits...

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more

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