H-1B EB-5

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

A Preview of Business Immigration in 2016: H-1B

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more

2016 Federal Spending Bill Will Impact Immigration Programs

The fiscal year 2016 Department of Homeland Security (DHS) Appropriations Bill funds the Government’s immigration provisions, among others, through September 30, 2016. It will saddle many immigration programs with harsh fees...more

The Omnibus Spending/Budget Bill: Summary of Immigration Riders

The Omnibus Spending/Budget Bill (“Bill”) that Congress passed today contained many significant immigration components, including extensions of the following vital programs...more

Immigration Issues Included in the Omnibus Appropriation Bill

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related...more

Congress Reaches Bipartisan Deal on 2016 Omnibus Bill

On Tuesday, December 15, 2015, Congressional leaders reached an agreement on a year-end spending and tax deal that would prevent a government shutdown and extend a series of federal programs. The deal extends several...more

August 2015 Immigration Alert

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

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

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

House Judiciary Committee: Don’t Bank on Immigration Reform

On July 14, 2015, the House Judiciary Committee met to discuss oversight of the United States Department of Homeland Security (DHS). Immigration was a major topic alongside border security and global threats of terrorism,...more

Want To Create American Jobs? Remove American Barriers To Immigration

While America is often called the land of opportunity, immigration law often serves as a barrier for many business owners and foreign entrepreneurs. In an editorial in The Washington Post, Facebook founder and CEO Mark...more

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

Border Security, Economic Opportunity, and Immigration Modernization Act of 2013

The first major immigration proposal in several years contains sweeping changes, with the president potentially signing a version by mid-June....more

Want to Start A Business In The U.S.? Which Immigration Visa You Should Select If You Are An Entrepreneur, Investor or Business...

Many foreign nationals who want to start a business in the United States have asked the lawyers at Scott Legal Services, P.C. to explain the different Visa options available to them. This article reviews four very popular...more

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