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 -

Premium Processing Resumes for Cap-Exempt H-1B Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately....more

USCIS Resumes Premium Processing for Certain Cap-Exempt H-1B Petitions

by Cozen O'Connor on

On Monday, July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) released an update detailing how it will resume premium processing for certain cap-exempt H-1B petitions....more

USCIS Resumes H-1B Premium Processing for Certain Cap-Exempt Petitions

by Pierce Atwood LLP on

USCIS announced that – beginning July 24, 2017 – it will resume premium processing for certain cap-exempt H-1B petitions, including those where the petitioner is an institution of higher education, a nonprofit organization...more

Cap-Exempt H-1B Petitions Once Again Eligible for Premium Processing

Effective immediately, United States Citizenship and Immigration Services (USCIS) will resume premium processing for select cap-exempt H-1B petitions. Cap-exempt petitioners who are eligible for premium processing can file...more

Premium Processing Resumes For Certain Additional Cap-Exempt H-1B Petitions

by Fox Rothschild LLP on

The U.S. Citizenship and Immigration Service (USCIS) announced July 24 that it will resume premium processing of certain additional types of H-1B petitions, effective immediately. H-1B petitioners who are (or have a sound...more

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

The L-1 Category: 3 Tips to Help Your Petition Withstand Scrutiny When Filing at USCIS

With the annual H-1B visa cap posing considerable staffing issues for U.S. employers requiring highly skilled workers, multinational corporations may increasingly turn to the L-1 visa to meet their need for knowledgeable,...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

2 Infosys Innovation Hubs Announced / 2 To Be Selected

by Fox Rothschild LLP on

The Indian IT global outsourcing firm Infosys (NYSE: INFY), recently announced that it plans to hire 10,000 American workers over the next two years. Infosys and other India-based information technology consulting...more

Overhaul of H-1B Visa Program Expected in Response to "Buy American and Hire American" Order

by Littler on

The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more

New Immigration Policies Lead to Decline in Foreign Student Applications at U.S. Universities

by Murtha Cullina on

Coming to the United States in order to attend an educational institution is oftentimes the first step foreign individuals will take on their long journey to fulfilling their American Dream. For example, a foreign student may...more

Why U.S.-based foreign nationals should be vigilant about their I-94 record

by Thompson Coburn LLP on

With graduations completed and the summer in full swing, college and university campuses often experience a quieter pace as faculty and staff, including many foreign nationals, head out on research trips, to conferences, or...more

Early Summer 2017 U.S. Business Immigration Update

It has been a year of major policy shifts in U.S. immigration. In this alert, we provide an update on recent developments in business immigration in the United States. The Supreme Court's Stance on Trump's Travel Ban...more

India-Based Infosys Plans To Hire Thousands of U.S. Workers For New U.S. Locations

by Jackson Lewis P.C. on

Amid criticism of outsourcing firms, at least one large Indian outsourcing company is planning to hire 10,000 U.S. workers over the next two years. Infosys CEO Vishal Sikka announced the company will open four technology and...more

Dear Congress: Your District Needs a New E-4 Visa for Promising Entrepreneurs

Procedural History - In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies...more

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

USCIS Will Resume H-1B Premium Processing for Physicians Under the Conrad 30 Waiver Program

by Pierce Atwood LLP on

USICS announced that – beginning June 26, 2017 – it will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver Program, as well as interested government agency waivers....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

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