News & Analysis as of

H-1B Green Cards H-4 Spouses

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 -
Harris Beach PLLC

Rule to Eliminate H-4 EAD Work Authorization Under Review by OMB

Harris Beach PLLC on

The Trump administration may eliminate an opportunity for spouses and children of H-1B workers to work in the United States while waiting for green card adjudication. How will this impact the state of our economy?...more

Constangy, Brooks, Smith & Prophete, LLP

Roundup Of Key Immigration Policy Changes That Affected Employers In 2018

There have been many immigration policy changes in 2018 that affect employers directly or indirectly. Most importantly, there has been a significant shift to a more restrictive immigration philosophy that has affected the...more

Burr & Forman

Indian and Chinese Nationals Likely First to Be Affected by H-1B-Related Changes

Burr & Forman on

After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian...more

Davis Wright Tremaine LLP

Five Immigration To-Do’s for Employers in 2018

The White House and Department of Homeland Security have announced plans to change the legal immigration system in ways that could significantly impact employers with foreign workers who are managers, executives,...more

Obermayer Rebmann Maxwell & Hippel LLP

Department of Homeland Security Plans to End Employment Eligibility of Spouses of Highly Skilled Foreign Workers

For years, the spouses of highly skilled foreign workers holding visas under the H-1B program weren’t authorized to work in the United States, absent separate approval through a separate program. However, in 2015, the...more

Dentons

Are Changes Coming to the H-1B Program?

Dentons on

The H-1B temporary work visa program has been the focus of much speculation lately. Recent news reports have claimed that the Trump Administration is planning major changes to the program in 2018. ...more

Pullman & Comley - Labor, Employment and...

USCIS to Rescind Work Authorization Rule for H-4 Spouses

On December 14, 2017, the Department of Homeland Security announced that it is preparing proposed regulations eliminating United States work authorization for certain holders of H-4 visas, a derivative visa classification...more

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

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and,...more

Laner Muchin, Ltd.

Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Laner Muchin, Ltd. on

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

Laner Muchin, Ltd.

President Obama Issues Executive Order On Immigration

Laner Muchin, Ltd. on

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

Mintz - Immigration Viewpoints

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

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

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

FordHarrison

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

FordHarrison on

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

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