News & Analysis as of

H-1B Rescission

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

USCIS Rescinds Controversial Guidance on H-1B Classification for Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded a policy memorandum that, while in place, had negated long-standing agency guidance for the adjudication of H-1B petitions in computer...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

WilmerHale

Trump Administration Seeking to Remove H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization

WilmerHale on

The Trump Administration is moving forward with plans to rescind a rule that allows the spouses of H-1B visa holders to work in the U.S. On February 22, 2019, the Department of Homeland Security (“DHS”) sent a proposed rule,...more

Dentons

September 2018 Immigration Analysis - Deference to Prior Determinations

Dentons on

This month, we are posting status updates on a few immigration policies that impact our clients. Last week, we covered the travel ban and changes to advance parole. ...more

Vedder Price

Vedder Price Business Immigration Alert - September 2017

Vedder Price on

1. September 18, 2017: Employers Must Use New I-9 Form. As you may recall, the U.S. Citizenship and Immigration Services (“USCIS”) recently released yet another revised version (edition 07/17/17) of Form I-9, Employment...more

Vedder Price

The Immigration Report: 200 Days of the Trump Administration

Vedder Price on

Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump’s administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Proskauer - Law and the Workplace

President-Elect Trump and Immigration Policy: The First Six Months – What Can we Really Expect

There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter?...more

Mintz - Immigration Viewpoints

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 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 the cases,...more

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