News & Analysis as of

Department of Labor (DOL) Highly-Skilled Workers Visa

BakerHostetler

New Green Card Path for High-Achieving Employees

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On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more

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

USCIS Schedule Update: Faster Green Card Sponsorship for ‘Sciences or Arts’ High Achievers?

In connection with the current administration’s push to retain STEM talent, on April 10, 2024, U.S. Citizenship and Immigration Services announced that it has updated its definition for “Schedule A, Group II” occupations. ...more

Gibney Anthony & Flaherty, LLP

U.S. Department of Labor to Consider Adding STEM Jobs to Streamlined Green Card Petitions

The U.S. Department of Labor (DOL) will solicit public input on expanding its list of Schedule A occupations eligible for streamlined immigration processing to include designated jobs in Science, Technology, Engineering, and...more

Harris Beach PLLC

National Nursing Shortages May Streamline Process for Immigrant Nurse Visas

Harris Beach PLLC on

We recently reported on our Immigration Blog that hospitals and medical centers, facing challenges in staffing during the pandemic, content with heightened struggles to find and hire sufficient numbers of registered...more

Harris Beach PLLC

Nursing Shortages Open a Path to Immigrant Nurse Visas: Process Explained

Harris Beach PLLC on

As hospitals and medical centers continue to face challenges in staffing during the pandemic, the struggle is heightened to find and hire sufficient numbers of registered professional nurses. In the rural and medically...more

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

Beltway Buzz - June 2021

Workforce Update. The U.S. Department of Labor’s (DOL) Bureau of Labor Statistics released its May 2021 jobs report on June 4, 2021. According to the report, American employers added 559,000 jobs in the previous month....more

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

Beltway Buzz - May 2021 #2

Unemployment Insurance Update. Late last week, the U.S. Department of Labor’s (DOL) Bureau of Labor Statistics released a report showing that the nonfarm economy added only 266,000 jobs in April 2021, well short of the 1...more

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

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

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 month...more

Jackson Lewis P.C.

Immigration Reform Bill

Jackson Lewis P.C. on

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more

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

USCIS Rescinds Controversial Guidance on H-1B Classification for Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded a policy memorandum that, while in place, had negated long-standing agency guidance for the adjudication of H-1B petitions in computer...more

Mintz - Immigration Viewpoints

USCIS Announces H-1B Registration Period for March 2021 H-1B Cap

On Friday, February 5, 2021, US Citizenship and Immigration Services (USCIS) announced that the online registration period for H-1B quota selection for Fiscal Year 2022 will begin on March 9 at 12:00 pm (noon) eastern...more

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...more

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

DOL Delays Implementation of Updated OES Wage Rule

On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more

Jackson Lewis P.C.

Prevailing Wage Rule Delayed 60 Days

Jackson Lewis P.C. on

According to a draft scheduled for publication in the Federal Register on February 1, 2021, the Biden administration plans to delay the effective date of the Strengthening Wage Protections for the Temporary and Permanent...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Jackson Lewis P.C.

Labor Department Issues Another Minimum Wage Rule For High-Skilled Workers

Jackson Lewis P.C. on

Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The “Strengthening Wage Protections...more

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Tonkon Torp LLP

DOL Publishes Final Rule Impacting Prevailing Wages

Tonkon Torp LLP on

The U.S. Department of Labor (DOL) published a final rule to incorporate changes to the computation of prevailing wage levels for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more

Constangy, Brooks, Smith & Prophete, LLP

DOL Will Increase Wage Rates For High-Skilled Worker Visas...Or Will It?

The U.S. Department of Labor has again issued a final rule on the computation of prevailing wage levels for high-skilled foreign workers. The rule is intended to replace a prevailing wage rule issued in October that was...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

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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 month...more

Butler Snow LLP

Third Judge Rules Against DOL’s H-1B Visa Wage Increases

Butler Snow LLP on

The third ruling against the Trump administration’s H-1B wage rule is in, and once again, the policy that would raise required salaries for foreign workers on high-skilled visas has been struck down. Purdue University, et...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

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