H-1B Green Cards

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

Executive Action on Business Immigration

President Obama has officially announced his plan for a series of executive actions on immigration. While the national discussion is largely focused on illegal immigration, the president’s plan impacts the business community...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Immigration Shutdown: Green Card Process Delayed And E-Verify Unavailable During Government Shutdown

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), which processes Applications for Permanent Employment Certification (the first stage of the green card process), prevailing wage requests and Labor...more

Senate Approves Bill Overhauling Immigration Law

Last week the Senate passed its closely watched immigration reform bill, known as the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, by a vote of 68-32. ...more

U.S. Losing Immigrant Scientists to Canada – Reform Needed Now

For many years now, U.S. employers have increasingly looked to hire immigrant professionals with degrees in the so-called STEM fields: science; technology; engineering; and math. This is not a matter of discrimination against...more

Immigration Reform in the 113th Congress

In 2007, when a bipartisan group of senators and then President Bush tried to pass major immigration reform legislation, vocal opposition to the effort doomed the bill and any real attempt at reform since. The 2012 election...more

Post-Election Immigration Reform - What’s At Issue?

The prospect of comprehensive immigration reform appears to be gaining momentum. In January, a bipartisan group of eight senators announced a broad proposal for immigration reform (“Bipartisan Framework for Comprehensive...more

Immigration Reform: It’s Time for a Course Correction

The first two months of 2013 have seen a flurry of activity relating to immigration reform. President Obama is pushing for comprehensive reform as are powerful factions within both the Senate and the House. And the political...more

H-1B Season & Cap are Fast Approaching – Are You Ready? Top 10 Questions and Answers About H-1B Visas

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a Bachelor’s degree, and the Petitioner (the...more

High-Skilled Immigration Reform Measure Promises Beneficial Changes

On January 29, the Immigration Innovation Act of 2013 (I-Squared Act) was introduced by a bipartisan group of senators, including Senators Orrin Hatch (R-UT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), and Chris Coons (D-DE)....more

DHS Proposes To Extend Work Authorization To H-4 Spouses Of H-1B Workers

The U.S. Department of Homeland Security ("DHS") has proposed to amend its regulations by extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants. ...more

Mintz Levin Files FOIA Request for DOL Prevailing Wage Data

On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more

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