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 -
News & Analysis as of

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more

6 Little Known Facts About H-1B Visas

It is almost October 1st, when thousands of new H-1B visas will become effective with the onset of the US government’s 2015 fiscal year. In light of this, here are six little known but important facts about H-1B visas...more

"H" is Not for Healthcare - Comments on the New Guidance for H-1B Visas for Nursing Occupations

In a recent Policy Memorandum, the United States Citizenship and Immigration Services ("the Service") acknowledged some trends and changes in the nursing profession and offered some updated guidance to its officers who review...more

Alert – New Scam Targets Indian H-1b Applicants

Beware of a new scam, experienced by our clients and confirmed to have occurred by the American Immigration Lawyers Association to employees of other Indian companies. Callers, posing as officers of U.S. Citizenship and...more

What Happens to Immigration Status if Employee Is Laid Off?

Lay-offs are, unfortunately, a relatively common business necessity, particularly in tough economic times like those we have seen in recent years. Lay-offs are stressful and challenging for any employee, but a lay-off can be...more

U.S. Citizenship and Immigration Services Issues New Guidance on H-1B Status for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to provide updated guidance on the adjudication of H-1B petitions for nursing positions. The memorandum was issued in response to...more

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

Special Immigration Alert: USCIS Releases Updated Guidance on H-1B Eligibility for Nurses

On July 21, 2014, the U.S. Citizenship and Immigration Services ("USCIS") released a policy memorandum ("PM"), dated July 11, 2014, which provided the first new guidance on H-1B eligibility for nurses in 12 years!...more

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

Approved H-1B? Get the Ball Rolling on Your Consular Application Now!

Getting an H-1B nonimmigrant visa for new employment with a private employer in the United States has become an obstacle course that now even requires winning a lottery. The process has become so complicated that H-1B...more

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

Immigration Corner: "Extraordinary Circumstances" Under the Child Status Protection Act, E-Verify Listens to You, and It's Time to...

United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more

More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Approved H-1B Visa Holders Can Start Applying For Passport Visas

Beneficiaries of approved H-1B petitions with an October 1, 2014 start date may now begin filing their visa applications at U.S. consular posts. Posts are authorized to accept H visa petitions and issue visas to qualified...more

Immigration Options for the Employment of International Physicians

The Patient Protection and Affordable Care Act will do many things to alter health care delivery in the United States. One thing it will not do, however, is significantly increase the supply of physicians. The new law calls...more

Important Proposed Changes to the H-1B Visa

On May 6th, the Department of Homeland Security (DHS) announced two proposed rule changes in hopes to attract new investment and business to the United States. The proposals would extend employment authorization to spouses of...more

USCIS H-1B Premium Processing has begun for FY 2015 Petitions

On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) began premium processing for H-1B visa petitions subject to the 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for...more

High Demand for H-1B Visa Petitions Continues

Once again, demand for H-1B visa petitions greatly exceeded the supply, as predictably, the H-1B visa quota cap for fiscal year 2015 was reached quickly. Within the first five days of the filing, USCIS reached the H-1B cap...more

DHS Publishes Proposed Rules to Attract and Retain Highly-Skilled Immigrants

On May 6, 2014, the U.S. Department of Homeland Security (DHS) announced the publication of two proposed rules that reflect the Obama Administration’s “continuing commitment to attract and retain highly skilled immigrants.” ...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

USCIS Proposes Changes to Allow Some H-4 Spouses to Work

On May 12, 2014, US Citizenship and Immigration Services (USCIS) published two notices of proposed rulemaking in the Federal Register. The public is able to comment on the proposed rules during the 60-day comment period. The...more

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