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 -

Immigration Updates: June 26, 2017

by Miller Canfield on

The United States Supreme Court has allowed portions of President Trump’s travel ban to take effect; citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen may be denied admission to the United States if they lack any...more

Special Immigration Alert - June 2017

by Epstein Becker & Green on

Supreme Court Agrees to Review President Trump’s Travel Ban and Narrows the Scope of Lower Court Injunctions - On June 26, 2017, the Supreme Court of the United States announced that it had agreed to hear President Trump’s...more

USCIS Makes H-1B Premium Processing Available for Physicians Under the Conrad 30 Waiver Program

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it would temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The...more

USCIS Resumes H-1B Premium Processing for Conrad Waiver Program Physicians

On Monday, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions filed for physicians under the Conrad Waiver program, as well as interested government interagency waivers....more

H-1B Premium Processing to Return on June 26 for Physicians Under the Conrad 30 Waiver Program

by Faegre Baker Daniels on

On Friday, June 23, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that premium processing for H-1B petitions — which the agency suspended for all such petitions beginning April 3, 2017 — will be brought...more

Update: President Trump's Revised Executive Order on Travel Ban Remains Blocked

by Clark Hill PLC on

On June 12, 2017, the Ninth Circuit issued its ruling in Hawaii v. Trump, upholding the majority of the district court's preliminary injunction prohibiting the government from implementing the "travel ban" and refugee cap...more

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

by Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

DOL, USCIS Continue Focus On H-1B Visa Abuse

by Jackson Lewis P.C. on

With his “Buy American, Hire American” Executive Order, President Donald Trump officially announced his intention to reform the H-1B visa program and the DOL and the USCIS are taking steps accordingly....more

U.S. Department Of Labor To Increase Enforcement Of H-1B And Other Visa Programs

by Tonkon Torp LLP on

On June 6, 2017, the U.S. Department of Labor (DOL) announced that it will increase activities to combat fraud and abuse in employment-based visa programs. This will include not only H-1B visas, but other types of...more

H-1B Visa Petitions from India-based Companies Drop Significantly in FY 2016

by Morgan Lewis on

The top seven India-based outsourcing companies received approximately 7,000 new H-1B visa petitions for initial employment in fiscal year 2016, representing a decrease of 37% between fiscal year 2015 and fiscal year 2016,...more

The U.S. Department Of Labor Announces Increased Enforcement Efforts Of All Foreign Visa Worker Programs

On June 6, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (USDOL) will conduct increased enforcement efforts encompassing all of the foreign visa worker programs it administers, including...more

Optional Practical Training: As this workforce grows, so does HR professionals' need to have hiring plan for the visa program

by Nexsen Pruet, PLLC on

Optional Practical Training (OPT) workers are becoming an indispensable part of the American workforce. Small and mid-sized companies are the largest beneficiaries, as just 4 percent of all OPTs work at the 10 largest tech...more

USCIS Responds to Senate Request for Action on H-1B Program

On May 24, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a response to a recent bipartisan inquiry led by the U.S. Senate Committee on the Judiciary’s chairman, Chuck Grassley, concerning the possible misuse...more

[Webinar] How The Trump Administration is Changing US Immigration: A Sixth Month Look Back - June 21st, 1:00pm CT

In its first six months, the Trump Administration has significantly altered US immigration policy. To date it has issued four Executive Orders promising to toughen US laws and regulations. This Webinar will provide a review...more

June 2017 Special Immigration Alert

by Epstein Becker & Green on

President Trump Notifies Congress of Intent to Renegotiate NAFTA - On May 18, 2017, President Trump officially notified Congress of the administration’s intention to renegotiate the North American Free Trade Agreement...more

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

by McNair Law Firm, P.A. on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more

Are you ready for summer travel?

by Moore & Van Allen PLLC on

Vacation season is just around the corner. Whether you are a visa holder, tourist or U.S. permanent resident, organizing your travel documents is a critical part of international travel. Discovering an expired document too...more

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

by 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

Will the Tech Industry Be Trumped By Immigration Reform?

by Ronald Shapiro on

The Trump Administration could soon make it more difficult for talented immigrants to obtain tech jobs in the United States. As President Trump takes aim at technology companies throughout the nation who use H-1B visas and a...more

The First 100 Days on Planet Immigration

by Burr & Forman on

The first months of President Trump’s administration have been a whirlwind of activity, and certainly immigration has been the subject of several executive orders and much controversy. The natural question that arises from...more

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

“We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American” – President Donald Trump On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his...more

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

H-1B Cap and Lottery Update

by Moore & Van Allen PLLC on

On May 3rd, USCIS completed all data entry of fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery...more

I-9 Compliance & H-1B, H-4 Visa Changes in Trump’s 1st 100 Days

Earlier this year we hosted a seminar titled “Immigration and the Trump Administration: What Every Employer Needs to Know for the First 100 Days and Beyond.” As we’re sure you’ve seen on the news, immigration has been a...more

USCIS Completes Data Entry for Petitions Selected in H-1B Lottery; Will Start Returning Unselected Petitions

On May 3, 2017, United States Citizenship and Immigration Services (USCIS) announced that the data entry process for all H-1B cap petitions selected in the FY 2018 H-1B cap lottery had been completed. USCIS will begin...more

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