News & Analysis as of

H-1B Executive Orders 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 -
Jackson Lewis P.C.

State Department Halts New Student Visa Interviews, Expands Social Media Vetting

Jackson Lewis P.C. on

The U.S. Department of State (DOS) has temporarily paused the scheduling of new visa interviews for international students and exchange visitors applying for F, M and J visas. This directive, effective May 27, 2025, is part...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Buchalter

Travel Advisory for Visa Holders Seeking to Travel and Return to the United States

Buchalter on

March 12, 2025 By: Kripa Upadhyay As the Trump administration continues to implement changes to immigration policies affecting adjudications within the U.S. and at consular posts abroad, the following recommendations are...more

ArentFox Schiff

Foreign National Travel Is Riskier Due to Maximum Visa and Admission Vetting and Restrictive Visa Interview Waiver Criteria

ArentFox Schiff on

Foreign nationals and employers should plan all international travel more carefully and further in advance. President Trump issued an executive order (EO) directing various federal agencies to coordinate their efforts to...more

Womble Bond Dickinson

Executive Order: One Voice for America’s Foreign Relations

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On February 12, President Donald Trump announced an executive order indicating to consular officers and foreign officers that “failure to faithfully implement the President’s policy is grounds for professional discipline,...more

Tonkon Torp LLP

Birthright Citizenship: Impact on Business Immigration?

Tonkon Torp LLP on

President Trump’s Executive Order, “Protecting the Meaning and Value of American Citizenship,” limits birthright citizenship to babies born in the United States after February 20, 2025, who had at least one parent who was a...more

Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...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

Morgan Lewis

Biden Administration Issues Executive Orders, Proposes Sweeping Immigration Changes on Day 1

Morgan Lewis on

Following the inauguration of President Joe Biden and Vice President Kamala Harris, President Biden signed several executive orders related to immigration. And, as promised by the Biden transition team, the Biden...more

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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

Jackson Lewis P.C.

New Executive Order Takes Aim At Hiring Under Federal Contracts

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The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Fisher Phillips

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

Morrison & Foerster LLP - Government...

Executive Order Seeks To Limit The Use Of Foreign Workers On Federal Contracts

On August 3, 2020, President Trump signed an Executive Order aimed at limiting the use of foreign workers on federal contracts and subcontracts. The issuance of the Executive Order comes on the heels of the Tennessee Valley...more

Vinson & Elkins LLP

Contractors That Saved The Federal Government Money By Offshoring Work Could Be Second-Guessed

Vinson & Elkins LLP on

An executive order signed by President Trump on August 3, 2020 (“Order”) prompts federal contractors to review their hiring practices and, if they offshored federal contract work, to determine the impact on hiring U.S....more

Husch Blackwell LLP

New Executive Order on Immigration Targets Federal Contractors

Husch Blackwell LLP on

In an effort to further curb the H-1B visa program, President Trump signed an executive order directing federal agencies to review the hiring practices of federal contractors and subcontractors with respect to their use of...more

Seyfarth Shaw LLP

Pursuing a National Interest Exception to the Presidential Entry Bans on Economic Grounds — Not A Fool’s Errand

Seyfarth Shaw LLP on

We’ve seen this movie before. Scene 1: The President issues a proclamation in reliance on his authority to restrict the entry of certain noncitizens under Immigration and Nationality Act (INA) § 212(f) so long as he...more

Laner Muchin, Ltd.

Recent Executive Order Restricts Entry of Various Nonimmigrant Workers into the U.S.

Laner Muchin, Ltd. on

On June 22, 2020, citing the COVID-19 pandemic, President Trump issued an Executive Order suspending the entry of various foreign workers into the U.S. through the end of the year. Specifically, the Executive Order states,...more

Jackson Lewis P.C.

White House Issues Amendment To Presidential Proclamation On Suspension Of New Work Visas

Jackson Lewis P.C. on

The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...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

WilmerHale

Trump Administration Suspends Work Visa Program for Highly Skilled and Other Workers

WilmerHale on

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,” that will suspend entry to the United States for H-1B, H-2B,...more

Holland & Knight LLP

Immigration Under COVID-19: Order Halts Additional Foreign Entry to Protect U.S. Labor Market

Holland & Knight LLP on

There have been many changes to immigration processes and procedures in the United States as a result of the coronavirus pandemic, and, as expected, more extreme measures are being taken by the president and more are likely...more

Miles & Stockbridge P.C.

Update: Entry Restrictions Imposed on Some Nonimmigrants

Last night, President Trump signed a Presidential Proclamation imposing entry restrictions on certain foreign nationals in temporary work visa statuses, including H-1B, L-1, J-1 and H-2B, and related categories for...more

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