News & Analysis as of

H-1B DACA

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 Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

How President Trump’s Executive Orders on Immigration May Impact Employers

Throughout his campaign, and now as President, Donald Trump has indicated that his immigration reform efforts will focus mainly on illegal immigration, as well as tighter immigration screening. President Trump delivered on...more

Immigration Bulletin – President Trump’s Immigration-Related Executive Orders

by Cohen & Grigsby, P.C on

During his first week in office, President Donald Trump issued two sets of Executive Orders regarding immigration issues. Additionally, and although not yet promulgated, drafts of a third immigration-based Executive Order...more

What to Expect on the Immigration Front from President Trump?

by Burr & Forman on

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

2016/2017 Labor & Employment Observer

by Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

U.S. Immigration & The Trump Administration

by Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

by Seyfarth Shaw LLP on

Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

2016 Election Guide: A Guide to Trump-era Changes in Business Immigration

by K&L Gates LLP on

K&L Gates has prepared “A Guide to Trump-era Changes in Business Immigration” to provide employers and foreign nationals working in the United States with meaningful information on expected changes to U.S. business...more

Immigration Policy Choices Under the New Administration

by Epstein Becker & Green on

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

by Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

What Employers Can Expect from the Trump Administration: Immigration

by Franczek Radelet P.C. on

Our alert on Monday (11/14/16) provided a brief summary of immigration-specific changes that are likely under Donald Trump’s new administration. This alert provides greater detail on the immigration policies that Candidate...more

Immigration Policy and President Trump – Deciphering and Reconfiguring our Immigration System

by Tarter Krinsky & Drogin LLP on

During his campaign, President-elect Trump had promised to place the issue of immigration at the top of his agenda once sworn in as president in January 2017. Some programs may be immediately repealed and others will require...more

President-Elect Trump and Immigration Policy: The First Six Months – What Can we Really Expect

There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter?...more

Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear...more

White House Releases Report on Improving and Modernizing the Immigration System to Meet 21st Century Needs

by Franczek Radelet P.C. on

Earlier this month, the White House released a review of the United States’ immigration policies in a report entitled, “Modernizing & Streamlining our Legal Immigration System for the 21st Century.” The Report highlights key...more

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

Employment Authorization Soon to Extend to Certain Spouses of H-1B Visa Holders

As our readers are no doubt familiar, there has been much wrangling over the ruling of a federal judge in Texas who imposed an injunction on President Obama’s plan to expand employment authorization to an additional 300,000...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

by Baker Donelson on

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and...more

Immigration Law Update

by Perkins Coie on

The filing period for the fiscal year 2016 H-1B visa cap commences on April 1, 2015. It is expected, as has happened the last several years, that there will be a lottery based on submissions received the first week of the...more

Initial Outline of the President's Executive Action on Immigration

by Davis Brown Law Firm on

We reviewed the outlines of the President's plan on immigration that he announced last week. These are broad outlines gained from a meeting with the White House that included staff of the American Immigration Lawyers...more

Impact of New Immigration Initiatives

by Snell & Wilmer on

On November 20, 2014, President Obama announced a series of executive immigration initiatives that will impact millions of individuals already in the United States and their current or future employers. Although the specific...more

President Obama Announces Executive Action on Immigration

by Fisher Phillips on

Last night, President Obama announced his plan for a partial fix of what many believe is a broken U.S. immigration system. This Executive Action will offer over four million undocumented individuals relief from deportation...more

Executive Action on Business Immigration

President Obama has officially announced his plan for a series of executive actions on immigration. While the national discussion is largely focused on illegal immigration, the president’s plan impacts the business community...more

Obama Immigration Executive Action: Impact on Business and Employment

In a bold move, on November 20, 2014, President Obama announced his Immigration Accountability Executive Actions to address flaws in the current immigration system. The plan contains three parts...more

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