News & Analysis as of

H-1B

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 -

Trump Administration’s April 18, 2017, Executive Order on the H-1B Process

by Epstein Becker & Green on

On Tuesday, April 18, 2017, the Trump Administration signed another Executive Order (“EO”) titled, “Buy American and Hire American,” which includes the following small proviso on the current H-1B visa program...more

Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The...more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

by Baker Donelson on

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

Immigration Related Initiatives (so far) by the Trump Presidency that Affect US Employers - Site Visits and Expanded Enforcement...

by Poyner Spruill LLP on

The topic of immigration has become a flashpoint for many since President Trump was elected, just as it formed a major component of his platform as a presidential candidate. The focus of this article is limited to how the new...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

Buy American Executive Order

On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American laws and regulations. See Buy American EO. This EO directs federal government entities to review their procurement rules...more

Window on Washington - This Week in the Nation's Capital - April 21, 2017 Vol. 1, Issue 5

by Clark Hill PLC on

White House Demands Disrupt Shutdown Negotiations: Congressional leaders' efforts to hatch a massive spending deal have been thrown off course by the Trump administration's 11th-hour intervention, leaving the bipartisan bill...more

Buy American Executive Order Means Renewed Obligations for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Higher Education Associations...

by Bowditch & Dewey on

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017....more

Latest Executive Order Poised to Reform H-1B Visa Program

by Strasburger & Price, LLP on

On April 18, 2017, President Trump signed an Executive Order entitled “Buy American and Hire American” whereby the executive branch confirmed its intent to “rigorously enforce and administer the laws governing entry into the...more

How Do Recent Government Announcements and Actions Affect the H-1B Visa Program?

Speaking at his Joint Address to Congress in February 2017, President Donald Trump expressed his intention to tackle legal immigration beyond his Executive Orders on border security and international travel. Recent...more

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of...more

Buy American, Hire American: President Trump’s Executive Order Hints at Possible H-1B Visa Reform

On Tuesday, April 18, 2017, President Trump signed his “Buy American, Hire American” Executive Order during a visit to the Snap On Tools headquarters in Kenosha, Wisconsin. Lauded by the administration as a sign of the...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

"Buy American, Hire American" Executive Order

by Clark Hill PLC on

On April 18, 2017 President Trump signed the Executive Order titled "Buy American, Hire American" ("Order"). The Order directs the Department of Homeland Security, Department of Justice, Department of State, and Department of...more

President Trump signs new Executive Order: ‘Buy American and Hire American’, impacting the H-1B visa program

by Fox Rothschild LLP on

On Tuesday, April 18, 2017, President Donald Trump signed a new Executive Order, “Buy American and Hire American.” The new Order states that its first purposes is to focus on conducting studies and putting forth plans for...more

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and...more

Trump Administration Issues “Buy American and Hire American” Executive Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B...more

USCIS Completes Its Fiscal Year 2018 H-1B Cap Lottery

by Epstein Becker & Green on

On April 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) announced that it has completed its random lottery to determine which of the H-1B cap cases that it received from Monday, April 3, to Friday, April 7,...more

H-1B Cap Reached Again within First Five Business Days – But Fewer Petitions Received than the Last 4 Years

by Proskauer Rose LLP on

On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than visas available under the statutory cap of 65,000 general-category and 20,000 U.S. Master's for the...more

President Trump Signs Buy American and Hire American Executive Order

by WilmerHale on

Yesterday President Trump signed an important executive order promoting “Buy American” and “Hire American” policies. In light of the Order, clients should be aware of...more

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

by Fisher Phillips on

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

Executive Order Leaves Current H-1B System in Place, But Calls for Reforms

On April 18, 2017, President Donald Trump signed an executive order (EO), “Buy American and Hire American,” which aims to “stimulate economic growth” and “ensure the integrity of the immigration system.” Although this action...more

New Executive Order Targets H-1B Visas

by Tonkon Torp LLP on

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. Increased Enforcement; New Regulations and Guidance...more

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