News & Analysis as of

H-1B Biden Administration Visas

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 -
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

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

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

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

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 PLLC

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

Harris Beach PLLC on

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

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

Jackson Lewis P.C.

Prevailing Wage Rule For High-Skilled Foreign Workers Effective November 2022

Jackson Lewis P.C. on

The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

Troutman Pepper

Changes to the Immigration Landscape in the First 100 Days of the Biden Administration

Troutman Pepper on

Q: It is no secret that Trump and Biden have starkly different views on immigration laws and policies. Now that President Biden is in charge, how have things changed? What impact has there been on employers and their...more

Burr & Forman

Labor & Employment E-Note - April 2021

Burr & Forman on

Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires - On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 ("PP 10052"), which suspended the issuance of...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] The Biden Immigration Bill: What It Means for Business

In this episode, Akin Gump public law and policy partner Ed Pagano, senior policy advisor Casey Higgins and international trade counsel Maka Hutson discuss the Biden comprehensive immigration bill currently on Capitol Hill. ...more

Burr & Forman

Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires

Burr & Forman on

On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more

Baker Donelson

State of Play in Business and Family Immigration

Baker Donelson on

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Mintz - Immigration Viewpoints

H, L, and J Visa Ban Expires

It has been widely reported that President Biden will not renew the June 2020 Presidential Proclamation, which restricted the entry of H-1B, H-2B, L-1, and certain J-1 travelers into the United States. This nonimmigrant visa...more

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

Beltway Buzz - April 2021

Administration Debuts Infrastructure Package. Just weeks after enacting the $1.9 trillion American Rescue Plan Act, the Biden administration this week unveiled the American Jobs Plan - its $2.3 trillion infrastructure...more

Morgan Lewis

Presidential Proclamation 10052 Expires

Morgan Lewis on

The Biden-Harris administration has allowed Presidential Proclamation 10052 (PP 10052) to expire as of March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain...more

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

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 month...more

Epstein Becker & Green

March 2021 Immigration Alert

Epstein Becker & Green on

USCIS’s FY 2022 H-1B Cap Electronic Registration Begins Beginning 12:00 p.m. ET (9:00 a.m. PT) on March 9, 2021, until 12:00 p.m. ET (9:00 a.m. PT) on March 25, 2021, U.S. Citizenship and Immigration Services (“USCIS”) will...more

Harris Beach PLLC

Biden Immigration Bill: What it Means for Employment-based Immigration

Harris Beach PLLC on

On Thursday, February 18, House Democrats introduced the Biden Administration’s Immigration Bill “The U.S. Citizenship Act.” This is an ambitious, comprehensive immigration bill that likely will not be passed as a...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

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces Rules for H-1B Lottery

Key points: - H-1B lottery will be open from March 9 until March 25, 2021. - There will be no changes from last year’s lottery rules. - Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more

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