News & Analysis as of

H-1B Coronavirus/COVID-19 Trump 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 -
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

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

Jackson Walker

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

Jackson Walker on

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

UB Greensfelder LLP

President Trump Extends Ban on H-1B, H-2B, L, and J Visa Applicants Through March 31, 2021

UB Greensfelder LLP on

Over the New Year’s holiday, the Trump administration extended the suspension on entry of H-1B, H-2B, J (for exchange visitors participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel...more

Hahn Loeser & Parks LLP

A Shift In Immigration Priorities: Anticipated Changes From The Biden Administration

Hahn Loeser & Parks LLP on

President-elect Joe Biden’s administration will inherit the Trump administration's restrictive immigration policies and regulations. During President Trump’s tenure, he has overseen more than 400 immigration policy changes –...more

Tarter Krinsky & Drogin LLP

Federal Courts Reverse And Invalidate Administration Policies Concerning Deferred Action For Childhood Arrivals And The Definition...

On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This...more

Butler Snow LLP

Second Injunction Issued on H-1B Rule Changes as DOL Releases Plan to Address Wage Level Issues

Butler Snow LLP on

Another court has issued an injunction against the enforcement of the Trump administration’s H-1B policies that would raise minimum salary requirements for foreign professionals. In a legal challenge from various technology...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

Miller Canfield

U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

Miller Canfield on

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...more

Jackson Lewis P.C.

Judge Strikes Down Administration Rules Restricting Employers’ Use Of Visas

Jackson Lewis P.C. on

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more

Holland & Hart - Employers' Lawyers

Understanding Immigration Changes Imposed During the COVID Pandemic

Over the last few months, you may have read about major travel restrictions for foreign workers entering the United States. What key facts do employers need to know? ...more

Amundsen Davis LLC

What To Expect On Immigration From The Biden Administration

Amundsen Davis LLC on

The Trump administration has enacted more than 400 immigration policy changes. That’s one change every 3.65 days the administration has been in office. Weary from the whiplash of changes and weight of additional work, many...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - November 2020

Seyfarth Shaw LLP on

Stimulus, Vaccines, and Corona. OH MY! First, The Stimulus.  The status of additional stimulus remains where it has been as we have been tracking it for months, ever since the House passed the HEROES Act: nowhere. While the...more

Baker Donelson

Overview of President-Elect Biden's Policies

Baker Donelson on

Below is a broad overview of policies for which President-Elect Biden has indicated support (PDF). It is important to note that, while some of these policies fall under the President's executive power, many will require...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - October 2020 #2

Seyfarth Shaw LLP on

The Saga Of The Stimulus Deal Continues. As readers of this newsletter are well aware, the negotiations over additional stimulus legislation to confront COVID-19, and all of its attendant consequences, has seen a number of...more

Constangy, Brooks, Smith & Prophete, LLP

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department...more

Butler Snow LLP

Trump Administration Announces Significant Changes to H-1B Visa Program

Butler Snow LLP on

On Oct. 6, 2020, the U.S. Department of Homeland Security and Department of Labor announced new rules for the H-1B program that will affect more than one-third of the H-1B petitions. The changes include narrowing the...more

Robins Kaplan LLP

Financial Daily Dose 10.7.2020 | Top Story: White House Sows Confusion on Stimulus as Fed Chair Urges Fiscal Action

Robins Kaplan LLP on

Here’s a fun little exercise. Pull up a chart of Tuesday's market activity, and see if you can pinpoint the exact moment the White House announced to the world that it was pulling support for another Covid stimulus bill...more

Burr & Forman

Federal Court Bars Government from Enforcing Presidential Proclamation’s Suspension of Nonimmigrant Visas Against Thousands of...

Burr & Forman on

Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...more

Gibney Anthony & Flaherty, LLP

Federal Court Blocks U.S. Visa Ban on Temporary Foreign Workers

On October 1, 2020, a federal district court blocked enforcement of Presidential Proclamation 10052 (PP 10052) issued in June 2020, which suspends the entry of temporary foreign workers in certain visa categories, including...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - October 2020

Seyfarth Shaw LLP on

A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg.  Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more

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