H-1B Proposed Legislation

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 -
News & Analysis as of

A Preview of Business Immigration in 2016: H-1B

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more

Legislation Proposed to Reform H-1B and L-1 Visa Programs

In November, Senator Dick Durbin (D-Ill.), Chairman of Senate Judiciary Committee, and Senator Chuck Grassley (R-Iowa), Assistant Democratic Leader, introduced a new bipartisan legislation seeking to reform and reduce fraud...more

Proposed New Rule May Save the STEM OPT Program

The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. In 2008, the U.S....more

Updates On NC and Federal Immigration Law: I-9, E-Verify and Pending NC House Bill 786

New Form I-9 - As of May 7, 2012, the old Form I-9 is obsolete and the new form must be down-loaded from www.uscis.gov/files/form/i-9.pdf?. Use of the old form is unacceptable. If Immigration Customs and Enforcement...more

Senate Committee Passes Immigration Bill

S. 744, the immigration bill that will change the game for U.S. immigration, passed the Senate Judiciary Committee on Tuesday. The bill passed with a firm 13-5 bipartisan vote....more

Immigration Reform Passes Senate Judiciary Earlier than Expected

A congressional immigration reform proposal passed its first test and was approved by the Senate Judiciary Committee on May 21, 2013. Action on the bill had been expected before the Memorial Day break, but not so much sooner...more

Immigration Law Alert - April 2013

A number of current immigration matters deserve your attention and consideration: 1. USCBP Announces the Advent of the Paperless Form I-94 for Air and Sea Arrivals, Effective April 26, 2013. 2. Immigration Reform –...more

Border Security, Economic Opportunity, and Immigration Modernization Act of 2013

The first major immigration proposal in several years contains sweeping changes, with the president potentially signing a version by mid-June....more

Post-Election Immigration Reform - What’s At Issue?

The prospect of comprehensive immigration reform appears to be gaining momentum. In January, a bipartisan group of eight senators announced a broad proposal for immigration reform (“Bipartisan Framework for Comprehensive...more

Summary of The Comprehensive Immigration Reform Act of 2010 Relating to Employers

On September 30, 2010, Senator Robert Menendez of New Jersey and Senator Patrick Leahy of Vermont introduced the Comprehensive Immigration Reform Act of 2010 (CIRA). It differs somewhat from the Bill introduced by...more

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