News & Analysis as of

H-1B Barack Obama Department of Homeland Security (DHS)

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 -
Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

Jackson Lewis P.C. on

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Proskauer Rose LLP

Continued Rollout of Obama’s Executive Action on Immigration

Proskauer Rose LLP on

Today, the United States Citizenship and Immigration Service (USCIS) announced that starting May 26, 2015 it will be accepting applications for employment authorization (EAD) for H-4 dependent spouses of H-1B nonimmigrants...more

Mintz - Immigration Viewpoints

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

Baker Donelson

Obama Legalizes Undocumented, Tweaks EB Categories

Baker Donelson on

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more

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