News & Analysis as of

H-1B Foreign Workers Executive Orders

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 -
Jackson Lewis P.C.

Manufacturing Industry’s Labor Shortage And Immigrant Workers

Jackson Lewis P.C. on

The gap between jobs needing to be filed and the skilled talent pool capable of filling them continues to grow wider in many industries, particularly in the U.S. manufacturing industry. The ability to retain labor from...more

Dickinson Wright

Immigration Update: Biden Administration Takes Action

Dickinson Wright on

The Biden Administration appears to have addressed some of its promises on U.S. immigration policy by issuing a memorandum entitled “Memorandum and Presidential Proclamations” on January 20, 2021, the first day of his...more

Littler

President Biden Issues New Executive Orders and Supports Comprehensive Reform of Immigration Policy

Littler on

Former President Trump’s administration made countless policy changes that have transformed the U.S. immigration landscape over the past four years. With President Biden now in office after running a presidential campaign...more

Morgan Lewis

Biden Administration Issues Executive Orders, Proposes Sweeping Immigration Changes on Day 1

Morgan Lewis on

Following the inauguration of President Joe Biden and Vice President Kamala Harris, President Biden signed several executive orders related to immigration. And, as promised by the Biden transition team, the Biden...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

Epstein Becker & Green

#WorkforceWednesday: NY Travel Advisory Changes, CA’s COVID-19 Exposure Notice, Executive Order Reversals - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. We look at how workplace guidance is changing as COVID-19 surges and the executive orders most likely to be reversed by the new administration. New York Revises COVID-19 Travel Advisory New...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

Dickinson Wright

All Aboard the U.S. Immigration Merry-Go-Round!

Dickinson Wright on

It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not...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

Miles & Stockbridge P.C.

DHS and DOL Publish Restrictive New Rules for H-1B and Other Visa Programs

Miles & Stockbridge P.C. on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) published new regulations that could dramatically tighten the eligibility requirements for H-1B visa petitions and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Executive Order Calls for Review of Federal Contracts and Directs Agencies to Take Action to Protect U.S. Workers

On August 3, 2020, the Trump Administration issued an executive order (EO) directing the secretaries of the Departments of Labor and Homeland Security to “take action...to protect United States workers from any adverse...more

Bradley Arant Boult Cummings LLP

New Executive Order on Federal Contractors Employing H-1B Visa Workers and Other Temporary Foreign Labor

President Trump recently signed an Executive Order focused on a government-wide review of federal contractors’ hiring and staffing practices, specifically taking aim at the H-1B visa program. The Executive Order states that...more

Stinson - Government Contracting Matters

For Federal Contractors, Another Potential Hurdle to Engaging Foreign Labor

On August 3, 2020, the president issued Executive Order No. 13940 on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers....more

Faegre Drinker Biddle & Reath LLP

New Executive Order Requires Federal Agencies to Ensure That Contractors Do Not Use Foreign Labor to Displace American Workers

On August 3, 2020, President Donald Trump signed an executive order and released a related fact sheet in furtherance of the White House’s continued efforts to ensure that federal agencies focus on using United States labor in...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

Seyfarth Shaw LLP on

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Gibney Anthony & Flaherty, LLP

Executive Order Increases Scrutiny on Federal Contractors and H-1B Workers

On August 3, 2020, President Trump signed an Executive Order requiring federal agencies to review the use of foreign temporary workers and overseas offshoring practices by federal contractors and subcontractors. The order...more

Fisher Phillips

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

Proskauer - Government Contractor Compliance...

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more

ArentFox Schiff

New Executive Order & Information Sharing Practices Increase Inspections of Federal Contractors’ Use of Temporary Foreign Workers...

ArentFox Schiff on

On August 3, 2020, President Trump signed an Executive Order requiring each executive department and federal agency to review the performance of contracts and subcontracts awarded in fiscal years 2018 and 2019 to determine...more

Morrison & Foerster LLP - Government...

Executive Order Seeks To Limit The Use Of Foreign Workers On Federal Contracts

On August 3, 2020, President Trump signed an Executive Order aimed at limiting the use of foreign workers on federal contracts and subcontracts. The issuance of the Executive Order comes on the heels of the Tennessee Valley...more

Littler

Executive Order Limits Federal Contractors’ Use of Foreign Labor

Littler on

On August 3, 2020, the White House issued an Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers, directing federal agencies to contract with those who prioritize the...more

Husch Blackwell LLP

New Executive Order on Immigration Targets Federal Contractors

Husch Blackwell LLP on

In an effort to further curb the H-1B visa program, President Trump signed an executive order directing federal agencies to review the hiring practices of federal contractors and subcontractors with respect to their use of...more

Polsinelli

New Executive Order Lays the Groundwork for Restrictions on the Use of Foreign Labor in Performing Federal Contracts

Polsinelli on

On August 3, 2020, President Trump issued an Executive Order titled “Aligning Federal Contracting and Hiring Practices with the Interests of American Workers,” signaling that the administration may seek to limit the ability...more

McCarter & English, LLP

Another Day, Another Executive Order: Targeting Nonissues In H-1B Hiring Practices

On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more

Jackson Lewis P.C.

White House Issues Amendment To Presidential Proclamation On Suspension Of New Work Visas

Jackson Lewis P.C. on

The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...more

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