News & Analysis as of

H-1B

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 -

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Will the Tech Industry Be Trumped By Immigration Reform?

by Ronald Shapiro on

The Trump Administration could soon make it more difficult for talented immigrants to obtain tech jobs in the United States. As President Trump takes aim at technology companies throughout the nation who use H-1B visas and a...more

The First 100 Days on Planet Immigration

by Burr & Forman on

The first months of President Trump’s administration have been a whirlwind of activity, and certainly immigration has been the subject of several executive orders and much controversy. The natural question that arises from...more

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

“We will have two simple rules when it comes to this massive rebuilding effort, buy American and hire American” – President Donald Trump On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his...more

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

H-1B Cap and Lottery Update

by Moore & Van Allen PLLC on

On May 3rd, USCIS completed all data entry of fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery...more

I-9 Compliance & H-1B, H-4 Visa Changes in Trump’s 1st 100 Days

Earlier this year we hosted a seminar titled “Immigration and the Trump Administration: What Every Employer Needs to Know for the First 100 Days and Beyond.” As we’re sure you’ve seen on the news, immigration has been a...more

USCIS Completes Data Entry for Petitions Selected in H-1B Lottery; Will Start Returning Unselected Petitions

On May 3, 2017, United States Citizenship and Immigration Services (USCIS) announced that the data entry process for all H-1B cap petitions selected in the FY 2018 H-1B cap lottery had been completed. USCIS will begin...more

Buy American, Hire American" And The H-1B Fallout

On April 18, 2017, President Trump signed a new executive order, "Buy American, Hire American." With the stated goals of promoting economic and national security, strengthening the middle class and protecting the economic...more

USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap-Subject Petitions

by Epstein Becker & Green on

On May 3, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has completed the data entry of all fiscal year 2018 H-1B cap-subject petitions selected in the random lottery process...more

KL Snapshot #13 – Mars-Avril 2017

Jean-Pierre Mattout - La révocation du président pour différend stratégique avec l’actionnaire majoritaire, in Revue des sociétés avril 2017 - Gilles Kolifrath, Jérôme Blanchet, Mélanie Goupy & Galina Petrova -...more

Trump Executive Order Calls for Reforms to H-1B Visa Rules

by Morgan Lewis on

In a recent executive order, US President Donald Trump ordered his cabinet secretaries to suggest reforms to the H-1B visa program to help ensure that “H-1B visas are awarded to the most-skilled or highest-paid petition...more

Data Entry of FY 2018 H-1B Petitions Complete

by Morgan Lewis on

Some Vermont cases will be transferred to California. US Citizenship and Immigration Services (USCIS) announced on May 3 that all data entry for FY 2018 H-1B cap-subject petitions had been completed....more

April 2017: The 13 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

United States Citizenship and Immigration Services Completes Data Entry of H-1B “Cap” Petitions

On May 3, 2017, USCIS announced that it has completed data entry of all H-1B cap-subject petitions selected in the FY2018 lottery. We continue to receive receipt notices for selected petitions. USCIS will now begin returning...more

USCIS Announces Targeted Use of Site Visits to Certain H-1B Employers to Detect H-1B Visa Fraud and Abuse

by Shipman & Goodwin LLP on

U.S. Citizenship and Immigration Services (USCIS) announced in April multiple measures to deter and detect H-1B visa fraud and abuse. The H-1B visa program is meant to help U.S. companies recruit highly skilled foreign...more

Buy American and Hire American: What it Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws...more

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order...

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his...more

"Employment Flash – April 2017"

Supreme Court Adopts Deferential Standard of Review for EEOC Cases - On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more

NAFTA and the Trump Administration

by Moore & Van Allen PLLC on

The Trump Administration announced this week its intention to renegotiate the North American Free Trade Agreement (NAFTA) with Canada and Mexico. After some speculation of the administration's intent to withdraw entirely from...more

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

by Jackson Lewis P.C. on

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the...more

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

by Faegre Baker Daniels on

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by...more

Trump Administration’s April 18, 2017, Executive Order on the H-1B Process

by Epstein Becker & Green on

On Tuesday, April 18, 2017, the Trump Administration signed another Executive Order (“EO”) titled, “Buy American and Hire American,” which includes the following small proviso on the current H-1B visa program...more

Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The...more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

by Baker Donelson on

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

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