News & Analysis as of

H-1B Form I-94

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 -
Holland & Hart - Employers' Lawyers

Laying Off An Employee Who Has a Sponsored H-1B Visa

Sarah Bileti By Sarah Bileti Question: We’re planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow? Answer: Yes, there are...more

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

Information for H-1Bs Approved Under the H-1B Cap

​​​​​​​For fiscal year (FY) 2023, the annual H-1B quota for 85,000 H-1Bs was met as of August 23, 2022, and on October 1, 2022, those H-1Bs that were approved as change-of-status petitions went into effect. To obtain H-1B...more

Harris Beach PLLC

Requesting Forgiveness of Late-Filed Applications to Extend Immigration Status

Harris Beach PLLC on

In a recent post, this blog covered the more-complicated-than-it-seems issue of how someone can best determine exactly when their lawful immigration status in the United States expires. We discussed the matter of how, in some...more

ArentFox Schiff

Some Overdue, but Limited, Relief for Working H-4, L-2 & E Spouses

ArentFox Schiff on

The USCIS (US Citizenship & Immigration Service) announced a new rule to aid in the recent dilemma many foreign national families and US employers have confronted; namely addressing the gap in work authorization and...more

Constangy, Brooks, Smith & Prophete, LLP

Settlement Is Good News For L-2 And H-4 Spouses Needing Employment Authorization

The U.S. Department of Homeland Security has agreed to make policy changes that will benefit L-2 spouses and certain H-4 nonimmigrants filing renewal applications for Employment Authorization Document cards...more

Fisher Phillips

Federal Immigration Officials Smooth Path for Spouses of Highly Skilled Workers to Receive Work Authorizations

Fisher Phillips on

Federal immigration officials just released helpful guidance that eases the process of spouses of highly skilled workers to receive their work authorization documentation, no doubt welcome news for employers across the...more

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Mintz - Immigration Viewpoints

Back to Work from Travel Abroad? Check Your Form I-94!

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94. If Form I-94 is issued for a shorter validity period than the...more

Baker Donelson

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

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

Carlton Fields

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Carlton Fields on

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

Mintz - Immigration Viewpoints

U.S. Customs and Border Protection Rolling Out Electronic Travel Records

In April 2013, U.S. Customs and Border Protection (CBP) introduced electronic Forms I-94, enabling nonimmigrants entering the U.S. via air and sea to easily access their Form I-94 Arrival/Departure Records online. As of May...more

Dickinson Wright

Immigration Law Alert - April 2013

Dickinson Wright on

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

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