News & Analysis as of

H-1B Department of Homeland Security (DHS) EB-1

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 -
Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Poyner Spruill LLP

Controversial H-1B Visa and Green Card Legislation Before Congress

Poyner Spruill LLP on

The H-1B visa is an employer-sponsored nonimmigrant visa for highly skilled workers in so-called “specialty occupations". Specialty occupations are those which require the minimum of a US bachelor’s degree or foreign...more

Mintz

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

Mintz on

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

Baker Donelson

Immigration Update: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration Violations; USCIS Returns Unselected...

Baker Donelson on

Tracking newsworthy developments in the ever-changing world of business immigration and its impact on employers and employees. This month: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration...more

Fisher Phillips

Department of Homeland Security Issues Proposed Regulations Regarding Retention and Portability of High-Skilled Workers

Fisher Phillips on

On December 31, 2015, the Department of Homeland Security (“DHS”) issued proposed regulations to address the retention and portability of high-skilled foreign workers. The new regulations were promulgated in furtherance of...more

Faegre Drinker Biddle & Reath LLP

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

Morgan Lewis

Immigration Reforms and Updates from DHS and DOS

Morgan Lewis on

In a press release dated January 31, the Department of Homeland Security (DHS) announced a number of proposed administrative reforms designed to enable the United States to attract and retain highly skilled foreign...more

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