News & Analysis as of

H-1B North American Free Trade Agreement Foreign Workers

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 -
Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Tarter Krinsky & Drogin LLP

H-1B Cap Filing Season is Just Around the Corner: A Refresher on the H-1B Process - January 2022

Background- The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas and facilitates the employment of foreign nationals entering the United States to perform employment in...more

Tarter Krinsky & Drogin LLP

H-1B Cap Season Is Imminent - What You Should Know This Year

With the new Biden administration at the helm, we note that the H-1B final midnight regulations promulgated Friday, January 15, 2021, by the former administration have been rescinded. Those regulations, which set up a...more

Seyfarth Shaw LLP

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

Dickinson Wright

What’s New in Immigration Law?

Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Moore & Van Allen PLLC

NAFTA and the Trump Administration

The Trump Administration announced this week its intention to renegotiate the North American Free Trade Agreement (NAFTA) with Canada and Mexico. After some speculation of the administration's intent to withdraw entirely from...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Faegre Drinker Biddle & Reath LLP

How Trump's Immigration Promises May Translate Into Policy

Immigration was a major issue in Donald Trump’s presidential campaign. Now that he has been elected, employers and foreign nationals are anxiously watching for indications of what President-elect Trump will do after he takes...more

Littler

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

Littler on

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

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