News & Analysis as of

H-1B Department of Labor (DOL) Hiring & Firing

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 -
Fisher Phillips

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

Fisher Phillips on

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...

UB Greensfelder LLP on

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

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dickinson Wright

THE PERM PUZZLE: Putting the Pieces Together Toward a Successful Labor Certification Process

Dickinson Wright on

Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

Gibney Anthony & Flaherty, LLP

Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers

A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Epstein Becker & Green

November 2020 Immigration Alert

Epstein Becker & Green on

Lawsuits Filed in California and DC Federal Courts Challenge New DOL and USCIS H-1B Regulations - In October 2020, the U.S. Department of Labor (“DOL”) and U.S. Citizenship and Immigration Services (“USCIS”) each published...more

Jackson Lewis P.C.

What's at Stake for Immigration?

Jackson Lewis P.C. on

The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

Epstein Becker & Green

October 2020 Immigration Alert

Epstein Becker & Green on

USCIS and DOL Will Implement Changes to H-1B Regulations That Will Likely Be Subject to Legal Challenge - On September 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) submitted an interim final rule (“IFR”)...more

Littler

U.S. Agencies Agree to Share Information in New Enforcement Initiative Targeting H-1B and Immigrant Workers

Littler on

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more

DirectEmployers Association

OFCCP Week In Review: June 2020 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Akerman LLP - HR Defense

Handling Foreign National Healthcare Workers in the Pandemic

Healthcare workers – critical to the U.S. response to the COVID-19 pandemic – are needed more now than ever, yet the bureaucracy surrounding employment of foreign national healthcare workers creates roadblocks....more

Shumaker, Loop & Kendrick, LLP

Catch-22: Potential Nonimmigrant Visa Issues Employers Should Be Aware Because of COVID-19 Related Furloughs and Shut Downs

What employers are going through today is something that hasn’t been seen in more than a century. To stem the tide of a global pandemic, more and more state and local governments are entering “Stay at Home” or “Shelter in...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

Fisher Phillips on

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

FordHarrison

[Webinar] Immigration & Employment Issues Impacting IT Staffing Companies - August 1, 2:00pm ET

FordHarrison on

The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more

Littler

DOL Issues Guidance on Complying with the H-1B LCA Posting Requirement Electronically

Littler on

Citing a rise in the use of electronic communications in the workplace and an increase in the number of employers providing documents to employees electronically, the U.S. Department of Labor’s Wage and Hour Division issued a...more

Pierce Atwood LLP

DOL Issues Guidance on H-1B LCA Electronic Posting

Pierce Atwood LLP on

The Immigration and Nationality Act and H-1B regulations require employers to notify their U.S. employees of their intent to hire H-1B nonimmigrant workers in connection with filing an H-1B Labor Condition Application....more

54 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide