News & Analysis as of

H-1B Coronavirus/COVID-19 United States Citizenship and Immigration Services

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

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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

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...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

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

Kerr Russell

Immigration Insider | January 2023

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The U.S. Department of State announced that it will extend the authority of consular officers to waive in-person interviews for some non-immigrant visa categories through December 31, 2023. The determination to waive the...more

Tarter Krinsky & Drogin LLP

January 2023 Immigration Updates

Happy New Year! As we begin 2023, we would like to share the following recent U.S. immigration-related updates: Nonimmigrant Visa Interview Waivers Extended Until December 31, 2023 On December 23, 2022, the U.S....more

Tarter Krinsky & Drogin LLP

H-1B Cap Season Planning and Other Updates From USCIS

Although the economic expectations for 2023 seem uncertain, demand for H-1B visas for skilled workers in the next year will likely remain high. As a result, we urge employers to start assessing their current and prospective...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

ArentFox Schiff

Some Overdue, but Limited, Relief for Working H-4, L-2 & E Spouses

ArentFox Schiff on

The USCIS (US Citizenship & Immigration Service) announced a new rule to aid in the recent dilemma many foreign national families and US employers have confronted; namely addressing the gap in work authorization and...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

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

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

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

Nilan Johnson Lewis PA

Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

Nilan Johnson Lewis PA on

Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Hahn Loeser & Parks LLP

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

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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

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

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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

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

DHS Issues Interim Final Rule to Restrict Requirements for H-1B Visa Classification

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its long-speculated interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the interim final rule’s...more

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