News & Analysis as of

Buy American and Hire American H-1B

Constangy, Brooks, Smith & Prophete, LLP

Court Vacates Trump Administration Regs That Would Have Increased Prevailing Wage For H-1B, Green Card Workers

With the consent of the U.S. Department of Labor, a federal judge in San Francisco has vacated final regulations issued by the Trump Administration that would have significantly increased the “prevailing wage” that would...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

Jackson Lewis P.C.

USCIS Rescinds Trump Era Guidance on H-1B Visas For Computer Programmers

Jackson Lewis P.C. on

With the H-1B cap season about to begin, there is good news for computer programmers and those who employ them. USCIS announced the immediate rescission of a 2017 guidance memo that had raised questions about whether computer...more

Constangy, Brooks, Smith & Prophete, LLP

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

Jackson Lewis P.C.

Department Of State Proposes To End B-1 In Lieu Of H-1B Visa

Jackson Lewis P.C. on

The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level...more

Foley & Lardner LLP

DOL and DHS Amend Rules on Prevailing Wage and H-1B Requirements

Foley & Lardner LLP on

President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more

Morgan Lewis

US DOL Rule Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more

Tarter Krinsky & Drogin LLP

Long Awaited H-1B Regulations Take Effect On October 7, 2020 - Result Will Limit Eligibility For The Most Highly Sought After And...

Recent developments which are likely to have a dramatic effect on certain foreign workers seeking entrance to the United States occurred earlier this week with the introduction of dual regulatory changes by the U.S....more

Gibney Anthony & Flaherty, LLP

Trump Administration Advances Rules Restricting Visas for High-Skilled Foreign Workers

The Trump Administration has announced that it will publish two Interim Final Rules on Thursday, October 8, 2020 that will substantially alter the H-1B visa program for temporary professionals working in a specialty...more

Jackson Lewis P.C.

New Executive Order Takes Aim At Hiring Under Federal Contracts

Jackson Lewis P.C. on

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and...more

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