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 -

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of...more

Buy American, Hire American: President Trump’s Executive Order Hints at Possible H-1B Visa Reform

On Tuesday, April 18, 2017, President Trump signed his “Buy American, Hire American” Executive Order during a visit to the Snap On Tools headquarters in Kenosha, Wisconsin. Lauded by the administration as a sign of the...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

"Buy American, Hire American" Executive Order

by Clark Hill PLC on

On April 18, 2017 President Trump signed the Executive Order titled "Buy American, Hire American" ("Order"). The Order directs the Department of Homeland Security, Department of Justice, Department of State, and Department of...more

President Trump signs new Executive Order: ‘Buy American and Hire American’, impacting the H-1B visa program

by Fox Rothschild LLP on

On Tuesday, April 18, 2017, President Donald Trump signed a new Executive Order, “Buy American and Hire American.” The new Order states that its first purposes is to focus on conducting studies and putting forth plans for...more

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and...more

Trump Administration Issues “Buy American and Hire American” Executive Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B...more

USCIS Completes Its Fiscal Year 2018 H-1B Cap Lottery

by Epstein Becker & Green on

On April 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) announced that it has completed its random lottery to determine which of the H-1B cap cases that it received from Monday, April 3, to Friday, April 7,...more

H-1B Cap Reached Again within First Five Business Days – But Fewer Petitions Received than the Last 4 Years

by Proskauer Rose LLP on

On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than visas available under the statutory cap of 65,000 general-category and 20,000 U.S. Master's for the...more

President Trump Signs Buy American and Hire American Executive Order

by WilmerHale on

Yesterday President Trump signed an important executive order promoting “Buy American” and “Hire American” policies. In light of the Order, clients should be aware of...more

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

by Fisher Phillips on

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

Executive Order Leaves Current H-1B System in Place, But Calls for Reforms

On April 18, 2017, President Donald Trump signed an executive order (EO), “Buy American and Hire American,” which aims to “stimulate economic growth” and “ensure the integrity of the immigration system.” Although this action...more

New Executive Order Targets H-1B Visas

by Tonkon Torp LLP on

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. Increased Enforcement; New Regulations and Guidance...more

FY2018 H-1B Lottery Applications Decline for First Time in 5 Years

by Fisher Phillips on

United States Citizenship and Immigration Services (USCIS) announced earlier this week that it received 199,000 H-1B petitions for the FY 2018 H-1B cap. As usual, this far exceeds the total allocation of 65,000...more

USCIS Reveals H-1B Cap Submission Numbers & President Trump Signs a New Executive Order

by Mintz Levin on

As a follow-up to the April 7, 2017 announcement that the H-1B cap had been reached, on Monday, April 17, USCIS revealed that it has now completed the random selection of the 85,000 petitions for the quota and that in total,...more

Administration Issues Executive Order Providing Framework for its Domestic Buying and Hiring Preferences for Federal Procurement...

by Holland & Knight LLP on

"My Administration will follow two simple rules: Buy American, and hire American.” - President Donald J. Trump. - Fulfilling a prominent campaign promise, today President Trump signed an Executive Order (EO) detailing...more

New Executive Order Addresses H-IB Visas

by Littler on

On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more

Buy American and Hire American and the H-1B Lottery

by Franczek Radelet P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

H-1B Cap Lottery Completed for FY2018

by Moore & Van Allen PLLC on

On April 17th, USCIS announced that it received 199,000 H-1B petitions during the FY2018 cap filing period, which began April 3, 2017. USCIS has also completed the computer-generated random selection process (aka the...more

USCIS Announces FY 2018 H-1B Visa Cap Reached

by Cohen & Grigsby, P.C on

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

President Trump Issues Executive Order on Employment-Based Visa Reform and Compliance Enforcement

by Miller Canfield on

On April 17, 2017, President Donald Trump signed an executive order: “Buy American and Hire American.” The hiring aspect of the order focuses on reviewing the current employment-based visa programs and considering ways to...more

USCIS H-1B Cap Numbers

by Cozen O'Connor on

The U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2017 that the agency reached the congressionally mandated number of 65,000 visa H-1B Cap petitions for FY2018. USCIS reported on April 17, 2017 that...more

H-1B Cap Reached; President Trump Signs H-1B Executive Order

On April 7, only five business days into the filing season, U.S. Citizenship and Immigration Services (USCIS) announced that it had already received a sufficient number of H-1B petitions to reach the statutory caps for both...more

H-1B Visa Executive Order

by Jackson Lewis P.C. on

In the wake of the lowest number of H-1B visa petitions filed in five years (199,000), President Donald Trump has signed an Executive Order dubbed “Buy American, Hire American.” It is focused on reform of the H-1B...more

H-1B Employers Face Increased Site Visits

by McGuireWoods LLP on

Employers using the H-1B visa program should take note as additional site visits may be on the horizon. U.S. Citizenship and Immigration Services (“USCIS”), part of the Department of Homeland Security, recently announced a...more

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