News & Analysis as of

H-1B H-2B

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

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

Harris Beach PLLC on

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

Littler on

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

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

Beltway Buzz - January 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Harris Beach PLLC

Dept. of Labor Migrates PERM Labor Certification Application to FLAG Web Portal

Harris Beach PLLC on

Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and...more

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

H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase Summary

On March 2, 2023, the U.S. Department of Homeland Security (DHS) notified the public that the 33,000 H-2B cap positions within the second half of the fiscal year had been reached. DHS indicated that the number of positions...more

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Harris Beach PLLC

It's H-2B Visa Season: What Seasonal Employers Need to Know for 2022

Harris Beach PLLC on

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

International Lawyers Network

Establishing A Business Entity In The United States

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Burr & Forman

America’s Immigration System: President Biden’s First 100 Days

Burr & Forman on

Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more

Fisher Phillips

April Sees End to Work Visa Ban, Bringing Relief to Employers

Fisher Phillips on

The Trump-era Presidential Proclamation that temporarily suspended certain nonimmigrant visas expired at the end of March, and federal immigration officials announced that temporary workers could once again begin applying for...more

Mintz - Immigration Viewpoints

H, L, and J Visa Ban Expires

It has been widely reported that President Biden will not renew the June 2020 Presidential Proclamation, which restricted the entry of H-1B, H-2B, L-1, and certain J-1 travelers into the United States. This nonimmigrant visa...more

Morgan Lewis

Presidential Proclamation 10052 Expires

Morgan Lewis on

The Biden-Harris administration has allowed Presidential Proclamation 10052 (PP 10052) to expire as of March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain...more

Littler

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

Littler on

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Laner Muchin, Ltd.

President Trump Extends Visa Ban Through March 31, 2021

Laner Muchin, Ltd. on

On December 31, 2020, President Trump extended previously issued Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the U.S., subject to certain exceptions. Citing the...more

Morgan Lewis

Proclamation Suspending US Admission of Various Nonimmigrants, Immigrants Extended to March 31, 2021

Morgan Lewis on

US President Donald Trump has extended the entry ban on H-1B, H-2B, L-1, and specific J-1 statuses as well as certain immigrant entries through March 31, 2021. The original proclamations were set to expire on December 31,...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

UB Greensfelder LLP

President Trump Extends Ban on H-1B, H-2B, L, and J Visa Applicants Through March 31, 2021

UB Greensfelder LLP on

Over the New Year’s holiday, the Trump administration extended the suspension on entry of H-1B, H-2B, J (for exchange visitors participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel...more

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

Trump Administration Extends Visa Bans to March 31, 2021

On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas as outlined in its April 22, 2020, and June 22, 2020, proclamations....more

Seyfarth Shaw LLP

President Trump Extends Immigrant and Nonimmigrant Visa Ban

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more

Dickinson Wright

Immigration 2021: A New Administration, A New Beginning?

Dickinson Wright on

For the last 4 years, U.S. immigration law and policy has been in the spotlight with numerous Presidential Proclamations, Executive Orders, and rapid policy changes as well as regulations, which have resulted in a...more

Holland & Hart - Employers' Lawyers

Understanding Immigration Changes Imposed During the COVID Pandemic

Over the last few months, you may have read about major travel restrictions for foreign workers entering the United States. What key facts do employers need to know? ...more

Shumaker, Loop & Kendrick, LLP

U.S. Citizenship and Immigration Services (USCIS) – Premium Processing Fee Increase Effective Oct. 19, 2020

U.S. Citizenship and Immigration Services (USCIS) today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No....more

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