News & Analysis as of

H-1B

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

Data Confirms Significant Uptick in H-1B and L-1 RFEs and Denials

The rate of requests for evidence (RFEs) and denials issued for H-1B and L-1 petitions by U.S. Citizenship and Immigration Services (USCIS) is up considerably, according to a new report by the National Foundation for American...more

Epstein Becker & Green

Special Immigration Alert - August 2018

by Epstein Becker & Green on

I. USCIS Delays Implementation of New “Notice to Appear” Policy Memo - On June 28, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a policy memo updating the guidelines to allow USCIS officers to issue...more

Fox Rothschild LLP

Unselected FY 2019 H-1B Cap Filings Returned To Petitioners

by Fox Rothschild LLP on

USCIS announced yesterday that it has returned all FY2019 cap-subject H-1B petitions that were not selected in the “lottery”. You may recall that between April 2-6, USCIS received 190,098 FY 2019 cap-subject H-1B...more

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

Beltway Buzz - July, 2018 #2

See Ya Later, Persuader. It took more than eight years, but the U.S. Department of Labor’s (DOL) persuader rule has finally been rescinded. Proposed just one day prior to the National Labor Relations Board’s (NLRB) 2011...more

Miles & Stockbridge P.C.

New USCIS Guidance Requires Initiation of Removal Proceedings upon Denial of an Immigration Benefit

by Miles & Stockbridge P.C. on

On July 5, 2018, U.S. Citizenship and Immigration Services (USCIS) published new guidance that will generally require that USCIS issue a Notice to Appear (NTA), and thereby initiate removal proceedings, upon its denial of an...more

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

Recent USCIS Changes Put Visa Applicants at Greater Risk of Deportation if Visas Denied

A new U.S. Citizenship and Immigration Services (USCIS) policy published on July 5, 2018 instructs USCIS officers to issue a notice to appear (NTA) to any individual who is “not lawfully present” in the United States at the...more

Foley Hoag LLP

Document Diligence: An Employer's Guide to I-9 and H-1B Compliance

by Foley Hoag LLP on

As we reported last month, Acting Executive Associate Director for Homeland Security Investigations (“HSI”) Derek N. Benner stated in a May 14, 2018 press release that “Employers need to understand that the integrity of their...more

Foley Hoag LLP

H-1B Compliance: What to Do When You Terminate Your H-1B Employee

by Foley Hoag LLP on

Many employers are aware that they are responsible for the reasonable cost of an H-1B worker’s return transportation home if they terminate an employee prior to the expiration of their H-1B petition. What many employers do...more

Foley Hoag LLP

The Changing Tides of the H-1B Visa Adjudication

by Foley Hoag LLP on

Employers are experiencing changes in the H-1B adjudicative process resulting in challenges in planning supplement professional work force hiring. The specified purpose of the "Hire American" section in President Trump’s...more

Ronald Shapiro

How President Trump’s Buy American, Hire American Executive Order has Affected H-1B Work Visas

by Ronald Shapiro on

President Trump’s Buy American and Hire American Executive Order will enforce immigration laws with policies that award H-1B visas to only the most skilled or highly paid workers. Are Foreign Workers in Danger?...more

Epstein Becker & Green

Special Immigration Alert - June 2018

by Epstein Becker & Green on

U.S. Supreme Court Upholds Travel Ban - After many lawsuits and appeals, on June 27, 2018, the Supreme Court of the United States upheld the Trump administration’s September 24, 2017, travel ban of nationals from Iran,...more

McNair Law Firm, P.A.

H-1B Visas and Third Party Worksites

by McNair Law Firm, P.A. on

Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more

Baker Donelson

Immigration Update: Didn't Make the H-1B Cap? Options for Developing a Plan B

by Baker Donelson on

Most employers and H-1B applicants have been notified by USCIS as to whether their H-1B cap petition was selected for processing. Now is the time for employers to work with their foreign national employees to determine if...more

Jackson Lewis P.C.

Labor Department To Demand More Information In H-1B Labor Condition Application

by Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has released proposed changes to ETA Form-9035, Labor Condition Application for Nonimmigrant Workers (LCA), that would require more details about the end-user clients and potential worksites...more

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

More H-1B Third-Party Placement Changes: DOL Proposes Significant Changes to H-1B LCA Form

U.S. employers that hire and place foreign workers with H-1B visas at third-party worksites may be faced with additional burdens in the H-1B petition process. The U.S. Department of Labor (DOL) has released proposed changes...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

by Fisher Phillips on

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Jackson Lewis P.C.

H-1B Visa Rules Tightening For Outsourcing And Staffing Companies

by Jackson Lewis P.C. on

The Trump Administration has been targeting outsourcing and staffing firms that use H-1B non-immigration visas, the most popular employment-based visa for foreign professional workers. The Administration has issued guidance...more

Lane Powell PC

Immigration Opportunities: H-1B Alternatives for Employing Foreign Workers

by Lane Powell PC on

WASHINGTON STATE has more than 90,000 jobs with the title of software developer. Yet, each year, Washington public colleges and universities produce only around 9,000 graduates who hold degrees in science, technology,...more

Jackson Lewis P.C.

Insights: How To Prepare For Rescission Of H-4 Employment Program

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions...more

Bradley Arant Boult Cummings LLP

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Poyner Spruill LLP

H-1B Visa Holders Working Off Site? Issues for Both Employer and Customer Where H-1B Worker is Located

by Poyner Spruill LLP on

US employers frequently employ H-1B workers and send them to work at a customer’s worksite (third party worksite). This can often occur in the IT space. While this is permissible, it raises some issues for both the employer...more

Garvey Schubert Barer

Alternative Strategies for Rejected FY19 H-1B’s

by Garvey Schubert Barer on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

Moore & Van Allen PLLC

H-1B Cap and Lottery Update

by Moore & Van Allen PLLC on

USCIS has announced that it has completed all data entry of FY2019 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the...more

Proskauer Rose LLP

H-1B Cap Update – USCIS Announced Data Entry Complete for FY2019 H-1B Cap Cases on May 15, 2018

by Proskauer Rose LLP on

Approximately six weeks after USCIS started accepting H-1B Cap petitions for FY2019, USCIS announced on May 15, 2018 that all data entry had been completed. H-1B Cap receipts have been trickling in throughout May and it is...more

Baker Donelson

Global Talent Mobility: What Employers in the Oil and Gas Industry Need to Know

by Baker Donelson on

A major obstacle facing oil and gas companies is locating, recruiting, and retaining global talent in light of the heightened attention and scrutiny on United States immigration practices. International companies must enhance...more

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