News & Analysis as of

H-1B Department of Labor (DOL) Coronavirus/COVID-19

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.

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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

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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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

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

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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

Dickinson Wright

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

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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

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

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According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...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

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

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

Beltway Buzz - March 2021 #3

Well, Now What Do We Do? It seems like months (or, more accurately, a year) since the Buzz hasn’t had to provide an update on COVID-19 relief legislation or negotiations. Hopefully, that is good news and a positive sign that...more

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

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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

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

Beltway Buzz - February 2021

Congress Sees Its Shadow. It was Groundhog Day this past week, and it sure feels like we have been living the same day over and over again with the way that the parties in Congress can’t agree on an economic stimulus package....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

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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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

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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

Butler Snow LLP

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

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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

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

Beltway Buzz - December 2020

Haven’t We Seen This Movie Before? Following the Thanksgiving break, federal legislators have been back in Washington, D.C., this week as the 116th United States Congress - which will likely end on January 3, 2021 - sprints...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

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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

Holland & Hart - Employers' Lawyers

New Regulations Narrow Eligible H-1B Occupations and Increase Required Wages for H-1B Workers

In the last few months, it has been difficult for employers and immigration attorneys to keep up with the flurry of changes released by the Trump Administration, including the suspension on the issuance of H-1B visas at U.S....more

Tonkon Torp LLP

DOL Publishes Regulation Impacting Prevailing Wages

Tonkon Torp LLP on

On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...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

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

Beltway Buzz - October 2020 #2

Economic Stimulus Negotiations End. Again. With the current acrimony between Republicans and Democrats at a significant low point, the Buzz did not exactly go out on a limb last week in predicting that there would not be a...more

Butler Snow LLP

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

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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

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