H-1B The United States Department of Labor

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

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

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

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

Tips To Ready Employers When Immigration Agencies Come Knocking

Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

It Is That Time of Year Again! Only One Month Left to Prepare Cap-Subject H-1B Visa Petitions for April 1, 2014 Filing Deadline

Dorsey & Whitney immigration professionals would like to remind you that the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions that are subject to the FY 2015 numerical limitation (the...more

For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B...

In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision...more

Reminder: FY 2014-2015 H-1B Visa Availability

Please remember that April 1, 2014, is the earliest date that the U.S. Citizen and Immigration Services (CIS) will accept petitions for H-1B visas subject to the 2014-2015 fiscal year (FY 2015) quota. Demand for new H-1B...more

Temporary Worker Visa Reforms and Expanded Enforcement Measures

In response to reports of alleged abuses of the H-1B (temporary specialty) and L (international transferee) visa categories, lawmakers in both the House and Senate appear to agree that major reform and increased enforcement...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

USCIS Issues Guidance Regarding Handling of Certain I-129 Petitions Affected by the Government Shutdown

During the government shutdown between October 1 and October 17, 2013, while the U.S. Citizenship and Immigration Services (USCIS) was operational as usual, the Department of Labor (DOL) was not. This affected the ability of...more

USCIS & DOL Announce Procedures, Reopening of Websites after Government Shutdown

In a welcome move that acknowledges the hardships caused by the government shutdown, United States Citizenship and Immigration Services (USCIS) has advised that if an H-1B petitioner submits evidence establishing that the...more

What To Do While the Government Is Shutdown

As many employers are discovering, several federal government services are temporarily disabled during the current government shutdown. One such service used by tens of thousands – and required by many -- employers across the...more

Immigration Related Government Updates: 1. USCIS Announces That H-1B Cap May Be Reached Early In the First Week Of April; 2....

On Friday, March 15, USCIS announced how it plans to process FY 2014 H-1B cap filings. In the USCIS press release, USCIS indicated that it was preparing for the likelihood that the H-1B cap may be reached during the April 1 –...more

Spring Cleaning and the H - 1B Visa Cap

With comprehensive immigration reform on the horizon and the economy rebounding, the number of H-1B visa filings for foreign temporary professional workers is likely to significantly increase this year. American businesses...more

Mintz Levin Files FOIA Request for DOL Prevailing Wage Data

On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more

Hold on Bill to End Per-Country Cap Lifted

In July 2012, Senator Chuck Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee, agreed to lift his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012) that was passed by the U.S. House of...more

DOL Proposes Changes to Labor Condition Application and Related Forms

The U.S. Department of Labor (DOL) recently proposed significant changes to the Labor Condition Application (LCA), ETA Form 9035 and related forms for H-1B, H-1B1, and E-3 visa petitions. The LCA, which is submitted online...more

Hold On Bill To End Per-Country Cap Lifted

In July 2012, Senator Chuck Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee, agreed to lift his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012) that was passed by the U.S. House of...more

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