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H-1B Adjudicatory Process

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 -
Littler

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler on

In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more

Obermayer Rebmann Maxwell & Hippel LLP

Department of Homeland Security Proposes Restrictive H-1B Regulation to Codify Its Highly Disputed Adjudicatory Practices

Earlier this month, the Department of Homeland Security (“DHS”) submitted to the Office of Management and Budget (“OMB”) regulations that are anticipated to be highly restrictive and far-reaching. The proposed regulations...more

Littler

USCIS Developments on the Discretion Afforded Adjudicators, and H-1B Premium Processing

Littler on

In recent weeks, several notable policy changes have taken place concerning the adjudication of immigration petitions by the United States Citizenship and Immigration Services (USCIS)....more

Maynard Nexsen

H-1B Cap Filing Season: How to Avoid Getting Stuck in a Gap in Employment Eligibility

Maynard Nexsen on

This time of year, many recent college graduates who are authorized to work in the United States for a limited time as part of post-degree optional practical training are facing a deadline—and employers better take note, or...more

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