News & Analysis as of

Highly-Skilled Workers Visa Visas Trump Administration

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

Beltway Buzz - April 2021

Administration Debuts Infrastructure Package. Just weeks after enacting the $1.9 trillion American Rescue Plan Act, the Biden administration this week unveiled the American Jobs Plan - its $2.3 trillion infrastructure...more

Jackson Lewis P.C.

Biden Revokes Immigrant Visa Ban

Jackson Lewis P.C. on

President Joe Biden has revoked the immigrant visa ban because he believes it did not advance the interests of the United States, but instead harmed United States industries, families, and diversity immigrant visa lottery...more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

WilmerHale

Trump Administration Increases Salary Requirements for H-1B Visa Holders

WilmerHale on

The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more

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

DHS Announces Significant Changes to H-1B Cap Selection Process

On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has...more

Morgan Lewis

Proclamation Suspending US Admission of Various Nonimmigrants, Immigrants Extended to March 31, 2021

Morgan Lewis on

US President Donald Trump has extended the entry ban on H-1B, H-2B, L-1, and specific J-1 statuses as well as certain immigrant entries through March 31, 2021. The original proclamations were set to expire on December 31,...more

Hinshaw & Culbertson - Employment Law...

How Employers Can Prepare for the Upcoming H-1B Lottery

On March 1, 2021, the United States Citizenship and Immigration Services (USCIS) will open up the electronic registration process for cab-subject H-1B petitions, including those filed for the advanced degree exemption. The...more

Obermayer Rebmann Maxwell & Hippel LLP

Businesses & Foreign Nationals Eagerly Await Return to Immigration-Friendly Policies Under Biden Administration: What to Expect

Fifth in a Series of Blogs Regarding the Presidential Transition - From the beginning of the Trump presidency, the administration made clear that it would seek to enact major reforms of the U.S. immigration system,...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

Fisher Phillips on

In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Womble Bond Dickinson

Judge Rules Against Another Attempt by Trump to Restrict Legal Immigration

Womble Bond Dickinson on

The courts dealt another blow to the Trump administration's continued efforts to restrict immigration this week, providing relief for companies looking to fill and retain critical positions with foreign talent. On Tuesday,...more

Kramer Levin Naftalis & Frankel LLP

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Williams Mullen

H-1B DHS and DOL Interim Final Rules Invalidated by Federal District Judge

Williams Mullen on

In October, the Department of Labor (DOL) and the Department of Homeland Security (DHS) issued two interim final rules that would negatively, and significantly, impact how H-1B nonimmigrant “specialty occupation” visa...more

WilmerHale

Federal Court Blocks Trump Administration's H-1B Visa Rules

WilmerHale on

Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Littler

Breaking Down the New DOL and DHS H-1B Rules

Littler on

While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more

Vinson & Elkins LLP

New H-1B Rules Face An Uncertain Future

Vinson & Elkins LLP on

One of the parlor games that labor and employment specialists engage in is to try to guess what a new and incoming administration will mean for our area of practice. And no doubt, we will be doing that during the next couple...more

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

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

Jackson Lewis P.C.

Proposal To Prioritize H-1B Petitions With Highest Wage Levels

Jackson Lewis P.C. on

Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Introduces Major Changes to H-1B Visas and Employment-Based Green Cards

- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...more

Robinson+Cole Manufacturing Law Blog

Manufacturers Fighting Disruptive Immigration Reform

The National Association of Manufacturers (NAM), along with several prominent business organizations, filed a lawsuit in federal court to stop the Department of Homeland Security’s (DHS) regulations governing the H-1B...more

Jackson Lewis P.C.

What's at Stake for Immigration?

Jackson Lewis P.C. on

The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

Miles & Stockbridge P.C.

DHS and DOL Publish Restrictive New Rules for H-1B and Other Visa Programs

Miles & Stockbridge P.C. on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) published new regulations that could dramatically tighten the eligibility requirements for H-1B visa petitions and...more

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