News & Analysis as of

H-1B The United States Department of Labor

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 -

Protect and Grow American Jobs Act: New H-1B Bill Targeted at Dependent Employers

by Foley Hoag LLP on

On November 15, 2017, the House Judiciary Committee approved The Protect and Grow American Jobs Act (H.R. 170), which primarily affects “H-1B dependent” employers. The bill revises the definition of a dependent H-1B employer...more

The Immigration Report: 200 Days of the Trump Administration

by Vedder Price on

Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump’s administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 21

by Clark Hill PLC on

US Budget Deficit Narrowed to $42.9 Billion in July: The federal budget deficit fell sharp­ly in July from a year earlier, largely because of a quirk in the calendar. The U.S. Treasury Department said that the budget gap came...more

New Operational Directives Reflect ‘Buy American, Hire American’ Executive Order

by Jackson Lewis P.C. on

Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

by Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

DOL, USCIS Continue Focus On H-1B Visa Abuse

by Jackson Lewis P.C. on

With his “Buy American, Hire American” Executive Order, President Donald Trump officially announced his intention to reform the H-1B visa program and the DOL and the USCIS are taking steps accordingly....more

U.S. Department Of Labor To Increase Enforcement Of H-1B And Other Visa Programs

by Tonkon Torp LLP on

On June 6, 2017, the U.S. Department of Labor (DOL) announced that it will increase activities to combat fraud and abuse in employment-based visa programs. This will include not only H-1B visas, but other types of...more

The U.S. Department Of Labor Announces Increased Enforcement Efforts Of All Foreign Visa Worker Programs

On June 6, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (USDOL) will conduct increased enforcement efforts encompassing all of the foreign visa worker programs it administers, including...more

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order...

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his...more

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

by Jackson Lewis P.C. on

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the...more

Immigration Related Initiatives (so far) by the Trump Presidency that Affect US Employers - Site Visits and Expanded Enforcement...

by Poyner Spruill LLP on

The topic of immigration has become a flashpoint for many since President Trump was elected, just as it formed a major component of his platform as a presidential candidate. The focus of this article is limited to how the new...more

Latest Executive Order Poised to Reform H-1B Visa Program

by Strasburger & Price, LLP on

On April 18, 2017, President Trump signed an Executive Order entitled “Buy American and Hire American” whereby the executive branch confirmed its intent to “rigorously enforce and administer the laws governing entry into the...more

U.S. Citizenship and Immigration Services and Department of Labor Announce Further Measures to Detect H-1B Visa Fraud and Tighten...

by SmithAmundsen LLC on

While the H-1B petitions submitted for the lottery this cap season were still in transit to the U.S. Citizenship and Immigration Services (USCIS), both the USCIS and the Department of Labor (DOL) announced several measures...more

Trump Administration Announces Changes to the H-1B Program

by Dickinson Wright on

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well...more

Window on Washington - Vol. 1, Issue 3

by Clark Hill PLC on

Budget/Appropriations - Spending Talks: House and Senate appropriators continue efforts to nail down an agreement on a stopgap spending measure to avert a government shutdown after the expiration of the current...more

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being...

Timed to coincide with the date when thousands upon thousands of H-1B petitions, subject to the quota cap limitation are filed with Service Centers of United States Citizenship and Immigration Services, various government...more

Employee Visa Delays In Store for Employers

by Akerman LLP on

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly...more

March = Last Call for H-1B Cap Cases

by Proskauer Rose LLP on

Employers must initiate new H-1B Cap cases with their lawyers, and a filing with the Department of Labor is required before the H-1B petition can be filed with USCIS. So, time is running out if employers want to ensure that...more

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

by 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

Immigration 2017: What Businesses Need To Know

Since this past weekend, worldwide media has been fixated on President Trump’s January 27, 2017 Executive Orders, including the temporary suspension of travel to the US by individuals from seven designated countries. Given no...more

Another Executive Order on Immigration Expected

by Foley Hoag LLP on

Within the next week, President Trump is expected to issue another Executive Order (“EO”) concerning high-skilled workers and foreign students, most likely to be titled "Protecting American Jobs and Workers by Strengthening...more

Immigration Law Update: USCIS Publishes Final Rule, New AAO NIW Standard

by Clark Hill PLC on

On November 18, 2016, US Citizenship and Immigration Services (USCIS) published a final rule aimed at improving several aspects of certain employment-based immigrant and nonimmigrant visa programs. This rule codifies...more

The Race to File H-1B Work Visas on April 1, 2017

by FordHarrison on

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

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