News & Analysis as of

H-1B I-9

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, 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

Quick Guidance: What To Do In The Event of a Visit By The DHS-ICE Agents

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the Department of Homeland Security, as well as the administration generally, signals increases in immigration enforcement activity, businesses are advised to implement clear protocols for the conduct of...more

Employment Authorization Issues Arising From Corporate Restructuring

by Foley & Lardner LLP on

American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017. Such corporate transactions raise a number of legal issues, including employment issues....more

DHS Site Visits and Inspections — Be Prepared

by Mintz Levin on

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

March 2017 Special Immigration Alert

by Epstein Becker & Green on

President Trump Issues Revised Executive Order on Travel - Today, President Trump issued a revised executive order on travel that becomes effective at 12:01 a.m. EDT on March 16, 2017 (“March 16 EO”). The March 16 EO...more

Top 20 Immigration Compliance Tips For Hospitality Employers

by Fisher Phillips on

Recent events have made clear that immigration compliance will be a main focus for the Trump administration. The hospitality industry has always been a target for such investigations and we expect the scrutiny to increase in...more

Executive Orders on Immigration: How Employers Can Prepare for Increased Enforcement Actions

Recent press reports describe worksite raids and other types of enforcement action by U.S. immigration authorities, illustrating the new immigration reality introduced by the Trump Administration. Employers have taken notice...more

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

by Foley & Lardner LLP on

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Three Key Immigration Developments in President Trump’s First Weeks

by Cozen O'Connor on

Immigration has been in the forefront of the news since President Trump took office and will likely remain so in the near future. Here, we discuss three key business immigration issues that have seen significant developments...more

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

by Butler Snow LLP on

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While...more

Compliance News Flash - February 2017

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. The President’s Executive Order (EO) on immigration remains on hold. A...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

by FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

What to Expect on the Immigration Front from President Trump?

by Burr & Forman on

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

U.S. Immigration & The Trump Administration

by Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

by Seyfarth Shaw LLP on

Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

Tech Sector Braces for Possible Impact from President-Elect Trump’s Immigration Agenda

by JD Supra Perspectives on

There could be repercussions for the tech sector from any number of actions that President-elect Trump might take on immigration. There could even be impact from his actions taken in other areas such as trade and national...more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

by Cohen & Grigsby, P.C on

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect on January...more

2016 Election Guide: A Guide to Trump-era Changes in Business Immigration

by K&L Gates LLP on

K&L Gates has prepared “A Guide to Trump-era Changes in Business Immigration” to provide employers and foreign nationals working in the United States with meaningful information on expected changes to U.S. business...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

by Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Revised I-9 Employment Eligibility Verification Form: Effective January 22, 2017

by Bracewell LLP on

A revised version of Form I-9, Employment Eligibility Verification has been published. Effective January 22, 2017, employers must only use the new version of the Form I-9 dated 11/14/2016 N. The old version dated 03/08/2013 N...more

What Employers Can Expect from the Trump Administration: Immigration

by Franczek Radelet P.C. on

Our alert on Monday (11/14/16) provided a brief summary of immigration-specific changes that are likely under Donald Trump’s new administration. This alert provides greater detail on the immigration policies that Candidate...more

September 2016 Special Immigration Alert

by Epstein Becker & Green on

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

by Littler on

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

Immigration Update: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration Violations; USCIS Returns Unselected...

by Baker Donelson on

Tracking newsworthy developments in the ever-changing world of business immigration and its impact on employers and employees. This month: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration...more

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