News & Analysis as of

H-1B Biden Administration

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 -
Burr & Forman

Foreign Nationals from 39 Countries No Longer Subject to J-1 Home Residency Requirement After Exchange Visitor Skills List...

Burr & Forman on

In what some might consider a parting gift from the Biden administration, the U.S. Department of State revised the J-1 Exchange Visitor Skills List, resulting in removal of foreign nationals from more than thirty countries. ...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Mintz - Immigration Viewpoints

US Department of Homeland Security Publishes H-1B Modernization Rule

On December 18, 2024, the Biden administration’s Department of Homeland Security published its final rule to overhaul several aspects of the H-1B visa program. This final rule, which takes effect 30 days after publication, is...more

Fisher Phillips

Biden Administration Reshapes H-1B Visa Rules: What Employers Need to Know

Fisher Phillips on

Federal immigration authorities issued a new final rule yesterday that reshapes the eligibility criteria for the H-1B visa program, clarifying which foreign workers can apply for the coveted slots and expanding the reach of...more

Jackson Lewis P.C.

Not Too Late: Biden Administration Urged to Make Pro-Business Immigration Moves Now

Jackson Lewis P.C. on

The Biden Administration is being urged to finalize some business immigration issues before Jan. 20, 2025, when the next presidential administration takes office, including: •Surge resources: Democratic lawmakers asked...more

Tarter Krinsky & Drogin LLP

Biden’s Artificial Intelligence Proposals May Help High Skilled Immigrants

On October 30, 2023, President Biden issued an Executive Order (EO) on Artificial Intelligence (AI), which may promote immigration policy changes to attract and retain AI talent in the U.S. The EO recognizes the importance...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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

Beltway Buzz - April 2023

POTUS Signs Bill Ending COVID-19 Emergency. On April 10, 2023, President Biden signed a congressional resolution officially ending the COVID-19 national emergency. The resolution was passed out of the U.S. House of...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

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

Beltway Buzz - March 2023 #4

POTUS Issues First Veto. On March 20, 2023, after more than two years in office, President Biden issued his first legislative veto. As expected, President Biden rejected the bipartisan Congressional Review Act resolution that...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

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...more

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

Beltway Buzz - August 2022 #4

DACA Regulations Finalized. On August 24, 2022, the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) released a final rule to codify the Deferred Action for Childhood Arrivals...more

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

Beltway Buzz - March 2022

President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces Rules for H-1B Lottery

Key points - H-1B lottery will be open from March 1 until March 18, 2022. There will be no changes from last year’s lottery rules...more

Gibney Anthony & Flaherty, LLP

Court Vacates Rule Favoring High-Wage Earners in H-1B Cap Selection Process

A federal district court has struck down a legacy Trump administration rule that would have replaced the annual H-1B cap lottery with a scheme to favor high-wage earners. If implemented, the rule would have adversely...more

Jackson Lewis P.C.

Delays To H-1B Rules Changes, Administration Advises

Jackson Lewis P.C. on

Citing the need to adequately assess their potential impact, the Biden Administration seeks to delay, or reverse, in some cases, a triumvirate of rules issued by the previous administration aimed to dramatically change the...more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more

Harris Beach Murtha PLLC

Biden Administration Revives International Entrepreneur Parole Program; Plus a Look at Other Investment-Based Visa Options

Last month, the Department of Homeland Security announced that it was withdrawing a 2018 proposal to remove the International Entrepreneur (IE) Parole program from DHS regulations, effectively confirming to the public that...more

Perkins Coie

Reboot of International Entrepreneur Program for Startups

Perkins Coie on

The Biden administration announced on May 11, 2021, that it is restoring a never-fully-utilized Obama-era program allowing foreign entrepreneurs to stay in the United States temporarily in order to oversee and grow certain...more

Burr & Forman

Labor & Employment E-Note - May 2021

Burr & Forman on

Focus - America's Immigration System: President Biden's First 100 Days - Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more

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

Laner Muchin, Ltd.

USCIS Issues Policy Guidance on Deference to Previous Petition Decisions

Laner Muchin, Ltd. on

On April 27, 2021, the U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual instructing USCIS officers to give deference to prior determinations when adjudicating petition...more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

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