News & Analysis as of

H-1B Wage and Hour

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

Workplace Law Update: 10 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Littler

DOL Shifts Wage Data Source for Occupations

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As of July 1, 2024, the Foreign Labor Certification (FLC) Data Center website (FLCDataCenter.com) will be discontinued and will not be available for providing prevailing wage data for occupations. Prevailing wage information...more

Jackson Lewis P.C.

Reconsidering Repayment Agreements with Foreign Employees

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It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your March To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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

Beltway Buzz - February 2024

House Advances Bipartisan Tax Package. On January 31, 2024, the U.S. House of Representatives passed the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024) by a vote of 357–70....more

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

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The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

Tarter Krinsky & Drogin LLP

Top Legal Alerts From 2023

As we close out 2023, we would like to share with you some of our most popular legal alerts from this year. Our top alerts reflect the broad array of our capabilities – ranging in topics from construction, corporate &...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your New Year To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

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Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Jackson Lewis P.C.

Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement

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The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts....more

Littler

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

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The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...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

Littler

Equal Pay Transparency Laws May Potentially Impact the PERM and H Visa Process

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Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/H-1B labor condition application (LCA) process for employers conducting...more

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

Beltway Buzz - March 2022

President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Opened on March 1, 2022

For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window started on March 1 and...more

Robinson+Cole Construction Law Zone

Consider the H-1B Visa to Build Your Construction Industry Workforce

Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International...more

Mintz - Immigration Viewpoints

Department of Labor Rescinds Prior Regulation that Dramatically Increased Prevailing Wages

On December 14, 2021, the Department of Labor (DOL) published a final rule that rescinds a previous DOL regulation implemented in January 2021. The January 2021 regulation would have led to a dramatic increase in prevailing...more

Quarles & Brady LLP

OFLC Guidance on Hurricane Ida Impact

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Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...more

Dickinson Wright

Remote Work Policy: Immigration and Post-COVID

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As employers make adjustments to incorporate Remote Work Policies in a post-COVID world, employers with a foreign workforce must also carefully consider antiquated immigration rules for their Work from Home (WFH) workforce....more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

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