News & Analysis as of

Foreign Workers Department of Homeland Security (DHS) Specialty Occupations

Lippes Mathias LLP

Immigration Options for Religious Workers

Lippes Mathias LLP on

In the past few years, it has become difficult to prepare immigration strategies for religious workers due to the length of time it takes for religious worker green cards to be approved. The delay is new and does not make a...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Jackson Lewis P.C.

USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms

Jackson Lewis P.C. on

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more

McCarter & English, LLP

Trump Administration Loses Another Immigration Federal Challenge

As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more

Harris Beach Murtha PLLC

Recent H-1B Restrictions Overturned by Federal Court

On December 1, 2020, the U.S. District Court for the Northern District of California issued a decision overturning two recent Interim Final Rules promulgated by the U.S. Department of Labor (DOL) and U.S. Department of...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

Nilan Johnson Lewis PA

October Surprise: Major Changes for Employers who Sponsor Foreign Workers

Nilan Johnson Lewis PA on

During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more

McCarter & English, LLP

A Rush To Rule: More Trump-Era Agency Actions Destined For A Loss In Federal Court

McCarter & English, LLP on

On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more

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