News & Analysis as of

H-1B

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 -

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

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 Impact of U.S. Immigration Changes Over The Past Year Under The Trump Administration: What You Need To Know

by Tarter Krinsky & Drogin LLP on

Despite the fact that the new administration has not had any legislative success in the immigration arena over the past year, U.S. Citizenship Services has issued many updated policy memos changing procedures and changed the...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2019 on April 2, 2018

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2019 (FY 2019) starting April 2, 2018. Because April 1, 2018 falls on a Sunday, USCIS will accept...more

H-4 EAD in Jeopardy?

by Miles & Stockbridge P.C. on

In February 2015, the Department of Homeland Security (“DHS”) issued a rule permitting certain persons maintaining H-4 nonimmigrant status to apply for and, if eligible, receive employment authorization from DHS. Employment...more

U.S. Citizenship Services Rescinds Former Deferential Policy Regarding Nonimmigrant Visa Petitions

U.S. Citizenship Services (USCIS) rescinded its long-honored policy guidelines that were instituted in April 2004, and were in effect until October 23, 2017 regarding giving deference to the adjudication of prior nonimmigrant...more

USCIS Formalizes Policy On Lack Of Deference To Previously Approved Petitions

by Jackson Lewis P.C. on

All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously...more

H-1B Work Site Visits Expected To Increase: What Employers Need To Know

by Fox Rothschild LLP on

On October 20, 2017, the Department of Homeland Security Office of the Inspector General issued Report OIG-18-03, “USCIS Needs a Better Approach to Verify H-1B Visa Participants”, targeting fraud in immigration processes,...more

USCIS Reverses Policy on Temporary Visa Extensions

by Foley Hoag LLP on

On Monday, October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) reversed a long-standing policy regarding non-immigrant extension petitions. Historically, as memorialized in an April 23, 2004 USCIS policy...more

Departments of Justice and State Announce Joint Effort Targeting Visa-Abusing Employers

The federal government’s intent to increase restrictions on legal and illegal immigration is no secret to any U.S. business. The Trump administration’s various proposals have included ones intended to deal with perceived...more

State and Justice Departments to Share Information on Employment-Based Visa Fraud

by Jackson Lewis P.C. on

As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both...more

What’s New in Immigration Law?

by 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

Are You Prepared? Recent U.S Immigration Law Changes that Will Impact Your Business

by BakerHostetler on

After some earlier versions that encountered significant resistance and judicial challenge, President Donald Trump issued a Proclamation on Sept. 24 that restricts travel to the United States by nationals of eight countries –...more

USCIS Denying Pending Advance Parole Applications

by Varnum LLP on

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is...more

US Resumes Premium Processing for H1-B Visas

by Ronald Shapiro on

After premium processing of H-1B visas was temporarily suspended because of a large number of applications for work visas, the US is now resuming it. The H-1B visa is a work visa intended to allow companies in the US to...more

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and,...more

Trump Administration Plans Large Scale Shift in Immigration Laws

President Trump and the Department of Homeland Security (DHS) are now exploring different options to fundamentally transform the immigration system in the United States without legislative action by Congress, according to CNN...more

Business Immigration Update: October H-1B Reminders, Information on Employment-Based I-485 Interviews and Trump Administration...

by Faegre Baker Daniels on

October brings seasonal reminders for employees who are starting employment pursuant to H-1B status as well as some current changes to employment-based permanent resident applicants. In addition, the White House has issued...more

U.S. and Turkey Suspend Nonimmigrant Visa Services

On October 8, 2017, the U.S. Embassy in Ankara, Turkey, announced that it has suspended all nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. “Recent events have forced the United States Government to...more

Beltway Buzz - October, 2017

Tax Reform Gets Under Way; Special Interest Groups Already Bustling.As soon as the Republican-controlled Congress cast aside (however momentarily) its attempts to repeal the Affordable Care Act (ACA) to focus on tax reform,...more

Timing is Everything

by Womble Bond Dickinson on

In immigration news, the U.S. Citizenship & Immigration Services (USCIS) announced on Tuesday, October 3, 2017 that it has resumed its premium processing program for all H-1B visa petitions. USCIS had previously suspended...more

Key Dates for Premium Processing of H-1B Petitions and DACA Renewals

by Shipman & Goodwin LLP on

Developments and deadlines are happening almost daily, so we want to take a moment to update you on a couple of the most pressing matters regarding immigration. Premium Processing for All H-1B Petitions To Resume on...more

Premium Processing for H-1Bs Resumes

by Davis Brown Law Firm on

Premium processing (expedited review by the government) has resumed as of October 3, 2017, for all H-1B petitions. If you are interested in using premium processing for a new or pending H-1B petition, please let us know. ...more

Premium Processing Resumed for all H-1B Petitions

by Moore & Van Allen PLLC on

USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions. Over the past few months, USCIS has progressively re-opened premium...more

USCIS Reinstates Premium Processing For ALL H-1B Petitions

by Fox Rothschild LLP on

On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting premium processing requests for all categories of H-1B petitions. In March 2017, USCIS had suspended the premium...more

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