News & Analysis as of

H-1B Department of Labor (DOL) Employer Liability Issues

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 -
Littler

DOL Shifts Wage Data Source for Occupations

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As of July 1, 2024, the Foreign Labor Certification (FLC) Data Center website (FLCDataCenter.com) will be discontinued and will not be available for providing prevailing wage data for occupations. Prevailing wage information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2023 #4

Congress: Home for the Holidays. The U.S. Congress is wrapping up for the year, and—we know you are going to find this hard to believe—Congress didn’t make much legislative progress during the three-week post-Thanksgiving...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

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Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Amundsen Davis LLC

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

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The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that...more

Fisher Phillips

Beware of These Immigration Pitfalls When Employees Work Remotely

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There is no doubt that COVID-19 has tremendously affected where and how we work. The same is true for how the coronavirus has impacted immigration laws as they apply to U.S. work authorization. The original lockdowns from the...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on February 5, 2021, that this year’s annual application period for the FY 2022 H-1B program will run from March 9, 2021, through March 25, 2021. Continuing the new...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Poyner Spruill LLP

H-1B Visa Challenges: Approval Rates are Down and Major Changes in the H-1B Application Process Lie Ahead

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H-1B visa petitions have been receiving increased denials from the US Citizenship & Immigration Services (USCIS) following the President’s Buy American and Hire American Executive Order of 2017. For example, according to the...more

Harris Beach PLLC

Managing a Multi-National Workforce: Sponsorship Agreements, Retention Policies and Liquidated Damages

Harris Beach PLLC on

In our ever-increasing multi-multinational workforce that seems to rely more heavily on foreign labor options, it’s important for employers to have policies in place that provide a level of financial protection in their...more

Miles & Stockbridge P.C.

A Lesson for Employers: The Obligation to Pay H-1B Workers May Begin Even Before the H-1B Petition is Approved

An IT consulting company based in Southern California recently paid $48,193 to one employee after the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the company violated provisions of the H-1B visa...more

Miles & Stockbridge P.C.

H-1B Employers May Face Fines for Non-Compliance with LCA Requirements

A staffing and recruiting company based in El Segundo, California recently paid $58,815 in fines to two H-1B workers after an investigation by the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the...more

PilieroMazza PLLC

Weekly Update Newsletter - March 2019 #4

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HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT - The House Small Business Subcommittee on Contracting and Infrastructure is holding a hearing on Tuesday, March 26, 2019, at 10:00 a.m., concerning the implementation of...more

Holland & Knight LLP

Government Shutdown Creates Issues of Concern for H-1B Employees of Government Contractors

Holland & Knight LLP on

As the government shutdown potentially moves into a second month, many government contractors who are not receiving payment from the Federal Government may soon encounter the issue of what to do with employees they can no...more

Fisher Phillips

December 2018: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Baker Donelson

Immigration Update: The New Labor Condition Application ETA 9035/9035E and What It Means for Employers

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On November 19, 2018, the Department of Labor (DOL) implemented amendments to its attestation-based Labor Condition Application Form ETA 9035/9035E, which is a prerequisite filing by employers sponsoring workers in the H-1B,...more

Seyfarth Shaw LLP

Sourcing The Right Talent While Grappling With Business Immigration: A Continuing Tug-of-War

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Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

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Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

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To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

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