News & Analysis as of

H-1B North American Free Trade Agreement Visas

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

Harris Beach PLLC

The ABCs of Current Health Care Immigration Options

Harris Beach PLLC on

At a time when health care is critical, physician shortages and other challenges continue to beset the United States. Vacancies and shortages in health care staffing are causing glaring deficiencies in meeting patient needs...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that the H-1B final midnight regulations promulgated Friday, January 15, 2021, by the former administration have been rescinded.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

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...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

McDermott Will & Emery

US Immigration under the Trump Administration: What We Know and What We Think We Know

McDermott Will & Emery on

President Donald J. Trump recently issued an Executive Order, followed by a proposed bill and other guidance, which would drastically change the current immigration system. Based on these developments, employers should be...more

Epstein Becker & Green

June 2017 Special Immigration Alert

President Trump Notifies Congress of Intent to Renegotiate NAFTA - On May 18, 2017, President Trump officially notified Congress of the administration’s intention to renegotiate the North American Free Trade Agreement...more

Burr & Forman

The First 100 Days on Planet Immigration

Burr & Forman on

The first months of President Trump’s administration have been a whirlwind of activity, and certainly immigration has been the subject of several executive orders and much controversy. The natural question that arises 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

Burr & Forman

What to Expect on the Immigration Front from President Trump?

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

Carlton Fields

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

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

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

Faegre Drinker Biddle & Reath LLP

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

Mintz - Immigration Viewpoints

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Fisher Phillips

USCIS Will Start Accepting H-1B Petitions on April 1

Fisher Phillips on

On Monday, April 1, 2013 U.S. Citizenship and Immigration Services (USCIS) will begin accepting FY 2014 H-1B cap-subject petitions for employment starting on October 1, 2013....more

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