News & Analysis as of

H-1B Customs and Border Protection Foreign Nationals

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 Immigration Update: H-1B Cap Reached, Venezuela TPS Revived, and Electronic Device Searches

Fisher Phillips on

Employers should be mindful of four critical immigration developments that have recently taken place and could impact your workplace. Here is the latest update from our Immigration Team....more

McCarter & English, LLP

U.S. Entry Restrictions and Immigration - Update September 2020

U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies. U.S. Entry...more

Dorsey & Whitney LLP

U.S. Announces China Coronavirus Travel Ban

Dorsey & Whitney LLP on

Late on Friday, January 31, 2020, President Donald Trump issued a Presidential Proclamation (“the order”) barring entry to the United States for most foreign nationals who have visited the People’s Republic of China (PRC)...more

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

New State Department Social Media Requirement Expected to Cause Delays

Foreign nationals are now required to provide a five-year history of social media usernames, telephone numbers, and email addresses when applying for U.S. nonimmigrant or immigrant visas. The plan to require more information...more

Dickinson Wright

What’s New in Immigration Law?

Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Littler

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

Littler on

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

Seyfarth Shaw LLP

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Shaw LLP on

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more

Moore & Van Allen PLLC

Update on U.S. Entry Travel Ban

On January 31st, DHS Secretary John Kelly held a press conference to clarify that legal permanent residents ("green card holders") from Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia would be allowed to board planes and...more

FordHarrison

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Tarter Krinsky & Drogin LLP

What Employers Should Know About How the January 27 Executive Order Reshapes the Current State of Immigration in the United States

On January 27, 2017, President Trump signed an Executive Order (EO) dramatically reshaping the current state of immigration in the United States. The EO's main points are...more

Moore & Van Allen PLLC

U.S. Immigration & The Trump Administration

Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Epstein Becker & Green

Immigration Policy Choices Under the New Administration

Epstein Becker & Green on

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Tarter Krinsky & Drogin LLP

Immigration Policy and President Trump – Deciphering and Reconfiguring our Immigration System

During his campaign, President-elect Trump had promised to place the issue of immigration at the top of his agenda once sworn in as president in January 2017. Some programs may be immediately repealed and others will require...more

Mintz - Immigration Viewpoints

Back to Work from Travel Abroad? Check Your Form I-94!

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94. If Form I-94 is issued for a shorter validity period than the...more

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

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

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