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 -
News & Analysis as of

TechConnect - Your Law Firm Link to Industry News - September 2016

Letter from the Editors - Dear Readers, The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more

Employers’ Guide To The 1st Presidential Debate

Seyfarth Synopsis: For a multitude of reasons, the stakes are exceedingly high for employers in the upcoming Presidential election. Legal compliance strategies and effective control of workplace litigation risks inevitably...more

Parole for Entrepreneurs

At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for...more

September 2016 Special Immigration Alert

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Immigration Tips

10 tips to prepare for the most frequent immigration scenarios faced by startups: - If the company will be owned, in-whole or in-part by a foreign investor, immigration planning should start as early as possible – even...more

Back to Work from Travel Abroad? Check Your Form I-94!

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94. If Form I-94 is issued for a shorter validity period than the...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

How to Avoid Discrimination in Hiring, While Complying with Export Laws

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain...more

Compliance Conundrum -- Unauthorized Exports v. Discrimination: Find a Win in a Lose-Lose Scenario

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain...more

Immigration as Mechanism for Growth in the Automotive Industry

Detroit, Michigan is often described as the heart of the automotive industry. With this title comes the inevitable responsibility of continuing to boost the industry's growth. Often, this growth includes hiring an increasing...more

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

U.S. Manufacturers Need Immigration Certainty to Grow Economy

When President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s...more

Immigration Update: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration Violations; USCIS Returns Unselected...

Tracking newsworthy developments in the ever-changing world of business immigration and its impact on employers and employees. This month: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration...more

Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork...more

Immigration Penalties Adjusted for Inflation Increases to Take Effect August 1

On June 30 and July 1, 2016, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the U.S. Department of Labor (DOL) each published separate interim final rules in the Federal Register to...more

USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions

Employers with FY 2017 H-1B cap cases not chosen for processing should have received their returned petition packages with fee checks by July 8. The agency continues to process receipted non-premium H-1B cap petitions and...more

Increased Fines for I-9 and Other Immigration Violations Effective August 1, 2016

The U.S. Departments of Homeland Security (DHS), Justice (DOJ), and Labor (DOL) announced increased civil fines against employers who commit immigration-related offenses, such as Form I-9 and E-Verify violations, H-1B visa...more

USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions

On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery....more

Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization...

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B change of status filing on your behalf has been accepted by US...more

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

Presidential Election Adds Turmoil to Visa Process

The presidential election is coming soon, and voters may not understand how the candidates stand on immigration issues. Donald Trump is the presumptive Republican candidate. Hillary Clinton and Bernie Sanders are both vying...more

CAP H-1B Rejections Starting to Arrive, June Visa Bulletin - Heightened Demand for Employment-Based Adjustments of Status Causes...

On June 14, 2016, Clark Hill started to receive rejected CAP H-1B petitions. If an H-1B petition was filed on your behalf by Clark Hill, we will send you an e-mail when we receive an update on your case. On April 7,...more

Travel Alert: Extensive Visa Wait Times at U.S. Consular Posts in India

Seyfarth Synopsis: Department of State reports extensive wait times for visa appointments at consular posts in India. Foreign nationals planning to apply for a visa stamp in India this summer should expect wait times...more

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