News & Analysis as of

H-1B Layoffs

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 -
Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Tarter Krinsky & Drogin LLP

Guidance for H-1B Workers Facing Termination of Employment

Recent massive layoffs and hiring freezes announced by major technology companies, coupled with fears of an imminent recession in the U.S. have significantly impacted workers and raised concerns among many currently employed...more

Nilan Johnson Lewis PA

Let’s Be Real: Managing Immigration Sponsorship Requirements During Company Layoffs

Nilan Johnson Lewis PA on

Over the course of the past few months, several major tech companies in the United States have announced large-scale layoffs. Major companies announcing such layoffs include Meta (formerly Facebook), Amazon, HP, Google, and...more

McAfee & Taft

COVID-19 benching: H-1Bs can’t sit this one out

McAfee & Taft on

The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for services. As if navigating the employment-based immigration laws...more

Cozen O'Connor

Immigration COVID-19 FAQ

Cozen O'Connor on

I have an appointment at the local USCIS office. What should I do? All USCIS offices have been closed to the public at least until June 4, 2020. USCIS is preparing to reopen its offices on or after June 4, 2020. USCIS will...more

Vinson & Elkins LLP

The Collateral Consequences Of Furloughing Employees On H-1B Visas

Vinson & Elkins LLP on

Though my primary job is to provide legal advice, during the last several months, I have often found myself providing emotional support to my friends in human resources and corporate law departments who have been charged with...more

Holland & Knight LLP

Immigration Under COVID-19: Considerations for Employers with H-1B Visa Workers

Holland & Knight LLP on

Employers are facing issues related to their workforce to a degree never experienced before due to COVID-19, and it is critical for employers to protect themselves as they make decisions surrounding continuing business...more

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts May Have Relief For Some Unemployed H-1B workers

As employers in the Commonwealth contemplate furloughs, temporary layoffs, or other forms of reductions in force amid the ongoing economic crisis caused by the COVID-19 pandemic, many H-1B workers scramble to figure out...more

Constangy, Brooks, Smith & Prophete, LLP

Risky Business: Furloughs, Layoffs, And Reductions In Pay For H-1B Workers

As the COVID-19 pandemic persists, U.S. employers are feeling the economic impact and the unintended consequences to their workforce. Many employers who supplement their workforce with foreign professional workers in H-1B...more

UB Greensfelder LLP

[Webinar] What Employers Need to Know About COVID-19 and H-1B Workers - April 8th, 1:00 pm - 2:00 pm EDT

UB Greensfelder LLP on

Join Ulmer partner David W. Leopold as he navigates the complex Department of Labor regulations governing the employment of H-1B and E-3 professionals during the COVID-19 pandemic....more

Pullman & Comley - Labor, Employment and...

No Coronavirus-Related Furloughs of H-1B Employees

Many employers financially strained by the coronavirus outbreak are considering employee furloughs rather than outright layoffs, especially given the hopefully short duration of the crisis. ...more

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

H-1B Considerations in Context: COVID-19, Remote Work, Office Closures, Furloughs, and Layoffs

Employers are facing numerous issues in light of the novel coronavirus (COVID-19) pandemic, including remote work, temporary office closures, furloughs, and layoffs. These issues may have particular implications for U.S....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

Holland & Knight LLP

A Contractor’s Guide to the Impending Government Shutdown

Holland & Knight LLP on

With less than a day before the federal government's appropriated funding runs out, confidence in avoiding a potential shutdown is waning. Because of that, contractors should exercise prudence and immediately begin...more

Franczek P.C.

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

Franczek P.C. on

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more

Baker Donelson

Immigration Corner - November 13, 2013

Baker Donelson on

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

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