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H-1B Executive Orders Department of Labor (DOL)

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

Beltway Buzz - February 2025 #2

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business...more

Foley & Lardner LLP

Vigorous Immigration Law Enforcement Is Here: I-9 Inspections, Site Visits, and More 

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President Trump’s new administration takes charge this week with a renewed focus on enforcing federal immigration law. In fact, as explained in today’s companion article, one of President Trump’s first action items on...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

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Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...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

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

Nilan Johnson Lewis PA

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

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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

Womble Bond Dickinson

Judge Rules Against Another Attempt by Trump to Restrict Legal Immigration

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The courts dealt another blow to the Trump administration's continued efforts to restrict immigration this week, providing relief for companies looking to fill and retain critical positions with foreign talent. On Tuesday,...more

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

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

Jackson Lewis P.C.

What's at Stake for Immigration?

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The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

Foley & Lardner LLP

DOL and DHS Amend Rules on Prevailing Wage and H-1B Requirements

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President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more

Miles & Stockbridge P.C.

DHS and DOL Publish Restrictive New Rules for H-1B and Other Visa Programs

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On October 8, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) published new regulations that could dramatically tighten the eligibility requirements for H-1B visa petitions and...more

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

New Executive Order Calls for Review of Federal Contracts and Directs Agencies to Take Action to Protect U.S. Workers

On August 3, 2020, the Trump Administration issued an executive order (EO) directing the secretaries of the Departments of Labor and Homeland Security to “take action...to protect United States workers from any adverse...more

Bradley Arant Boult Cummings LLP

New Executive Order on Federal Contractors Employing H-1B Visa Workers and Other Temporary Foreign Labor

President Trump recently signed an Executive Order focused on a government-wide review of federal contractors’ hiring and staffing practices, specifically taking aim at the H-1B visa program. The Executive Order states that...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Gibney Anthony & Flaherty, LLP

Executive Order Increases Scrutiny on Federal Contractors and H-1B Workers

On August 3, 2020, President Trump signed an Executive Order requiring federal agencies to review the use of foreign temporary workers and overseas offshoring practices by federal contractors and subcontractors. The order...more

ArentFox Schiff

New Executive Order & Information Sharing Practices Increase Inspections of Federal Contractors’ Use of Temporary Foreign Workers...

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On August 3, 2020, President Trump signed an Executive Order requiring each executive department and federal agency to review the performance of contracts and subcontracts awarded in fiscal years 2018 and 2019 to determine...more

Jackson Lewis P.C.

H-1B Update: Administration To Increase Scrutiny, Investigations

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Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas. Without Congressional oversight or legislative changes, the Trump Administration has changed the policies...more

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

Beltway Buzz - June 2020 #4

Administration Limits Nonimmigrant Visas. On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation...more

Jackson Lewis P.C.

USCIS Settles H-1B Cases Over Policies, Will Withdraw Onerous Guidance

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USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies. H-1B denials have skyrocketed since 2017, especially following enactment of the “Buy American, Hire American” Executive...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Poyner Spruill LLP

H-1B Visa Challenges: Approval Rates are Down and Major Changes in the H-1B Application Process Lie Ahead

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H-1B visa petitions have been receiving increased denials from the US Citizenship & Immigration Services (USCIS) following the President’s Buy American and Hire American Executive Order of 2017. For example, according to the...more

Womble Bond Dickinson

Is Immigration Reform Needed and Why Should Financial Institutions Care?

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On April 18, 2017, President Trump signed the Buy American and Hire American (BAHA) Presidential Executive Order. The mandate is designed to create higher wages and employment rates for U.S. workers by administering and...more

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