News & Analysis as of

H-1B United States Citizenship and Immigration Services Immigration and Customs Enforcement Agency

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 -

Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The...more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

USCIS Announces Measures to Detect H-1B Visa Fraud and Abuse

by Cozen O'Connor on

On April 3, 2017, The U.S. Citizenship and Immigration Services (USCIS) announced multiple measures in an effort to deter and detect H-1B visa fraud and abuse. Starting this month, USCIS will focus on the following when...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

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

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

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

I-9 Compliance Wisdom from Meeting Between AILA, USCIS and ICE

On May 3, 2016, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’ Verification Division and U.S. Immigration and Customs Enforcement (ICE), Homeland Security...more

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

by Davis Brown Law Firm on

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

I-9 Guidance on H-1B Petition/I-94 Mismatch and Short Term Workers

by Baker Donelson on

In a recent meeting between the Verification and Document Liaison Committee within American Immigration Lawyers Association (AILA) and USCIS’s Verification Division and ICE Homeland Security Investigations, further guidance...more

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

by 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

Immigration Compliance In An Era Of Worksite Enforcement

by Burr & Forman on

In This Presentation: - A Look Back at 2013 - Where Do We Go From Here? - What Is This H-1B Cap Stuff? - Why Immigration Reform Is Not Imminent - What About Form I-9 And E-Verify? - Enforcement On The...more

Immigration Alert: January 2014

by Epstein Becker & Green on

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

New Compliance Concerns for Employers of Foreign Workers

by Snell & Wilmer on

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

Top 12 Immigration Mistakes Employers Made In 2012

by Fisher Phillips on

Give your company the gift of an immigration audit this year – it may just keep your company off the government’s naughty list. Here are the top 12 immigration mistakes employers made in 2012...more

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