News & Analysis as of

H-1B Coronavirus/COVID-19 Foreign Workers

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 -
Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August 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

Dickinson Wright

The 4-1-1 on Telecommuting: 3 Tips to Avoid Immigration Hang-Ups

Dickinson Wright on

The federal government has announced that on May 11, 2023, it intends to permit the Public Health Emergency for COVID-19—declared more than three years ago—to expire. As we look back over the last few years, it is difficult...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,...

Employment-Based Immigration Updates for 2023

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more

Jackson Lewis P.C.

FY 2023 H-1B Update: USCIS Sending Not-Selected Notices

Jackson Lewis P.C. on

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can...more

Foley & Lardner LLP

USCIS Temporarily Extends Automatic Extensions of Employment Authorization to Up to 540 Days

Foley & Lardner LLP on

On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule that temporarily increases the automatic extension period for employment authorization and Employment Authorization Documents...more

Holland & Hart - Employers' Lawyers

Immigration Updates in COVID-19 Times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other...more

Quarles & Brady LLP

OFLC Guidance on Hurricane Ida Impact

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Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...more

McAfee & Taft

COVID-19 benching: H-1Bs can’t sit this one out

McAfee & Taft on

The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for services. As if navigating the employment-based immigration laws...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

Fisher Phillips

April Sees End to Work Visa Ban, Bringing Relief to Employers

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The Trump-era Presidential Proclamation that temporarily suspended certain nonimmigrant visas expired at the end of March, and federal immigration officials announced that temporary workers could once again begin applying for...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

Jackson Lewis P.C.

Manufacturing Industry’s Labor Shortage And Immigrant Workers

Jackson Lewis P.C. on

The gap between jobs needing to be filed and the skilled talent pool capable of filling them continues to grow wider in many industries, particularly in the U.S. manufacturing industry. The ability to retain labor from...more

Dickinson Wright

Immigration Update: Biden Administration Takes Action

Dickinson Wright on

The Biden Administration appears to have addressed some of its promises on U.S. immigration policy by issuing a memorandum entitled “Memorandum and Presidential Proclamations” on January 20, 2021, the first day of his...more

Fisher Phillips

The Undoing Of Trump’s Immigration Agenda: Biden Unveils Series Of Immigration Reforms

Fisher Phillips on

One day is all it took for the Biden-Harris administration to repudiate the Trump-era crackdown on immigration. By issuing a series of Executive Actions, Presidential Memoranda, and Proclamations on January 20 and the days...more

Littler

President Biden Issues New Executive Orders and Supports Comprehensive Reform of Immigration Policy

Littler on

Former President Trump’s administration made countless policy changes that have transformed the U.S. immigration landscape over the past four years. With President Biden now in office after running a presidential campaign...more

Jackson Walker

What Happens to President Trump's Immigration Proclamations During President Biden's First 100 Days?

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Jackson Walker immigration attorney Sang Shin provides an update on the Trump administration's recent proclamations to extend bans on all new H-1, L-1, and J-1 visas until March 31, 2021. In addition, there are a number of...more

Laner Muchin, Ltd.

President Trump Extends Visa Ban Through March 31, 2021

Laner Muchin, Ltd. on

On December 31, 2020, President Trump extended previously issued Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the U.S., subject to certain exceptions. Citing the...more

Fisher Phillips

December 2020: The Top 18 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

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

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

Trump Administration Extends Visa Bans to March 31, 2021

On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas as outlined in its April 22, 2020, and June 22, 2020, proclamations....more

Butler Snow LLP

Court Rejects Trump Administration’s Latest H-1B Visa Restrictions

Butler Snow LLP on

During the past four years, the Trump administration has sought to substantially reduce the availability of the H-1B visa program, a visa used by U.S. employers to sponsor temporary workers in a variety of high skilled,...more

Gibney Anthony & Flaherty, LLP

Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers

A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain...more

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