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H-1B Biden Administration Employment Authorization Documents (EAD)

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

Laner Muchin, Ltd.

Employment Authorization for H-4 Dependent Spouses Remains Available Under Biden Administration

Laner Muchin, Ltd. on

On January 25th, President Biden withdrew a proposal that would have rescinded employment authorization for certain H-4 dependent spouses of H-1B nonimmigrants. The proposed rule, ‘Removing H-4 Dependent Spouses from the...more

Burr & Forman

"Take 5" Immigration Podcast Series: Episode 15: Immigration Expectations Under the Biden Presidency

Burr & Forman on

In episode 15 of the Take 5 Immigration Podcast Series, host Melissa Azallion Kenny is joined by Burr partner Jonathan Eggert to discuss what's on the immigration horizon for businesses in 2021, including the DACA program,...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

Burr & Forman

Top 5 Immigration Expectations Under the Biden Presidency

Burr & Forman on

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more

Jackson Lewis P.C.

Proposed H-4 EAD Rule Withdrawn For Review

Jackson Lewis P.C. on

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program. For close to five years, spouses of H-1B workers holding H-4 EADs...more

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