News & Analysis as of

H-1B Foreign Workers Biden Administration

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

Top Workplace Law Stories You May Have Missed from February 2023

Fisher Phillips on

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...more

Burr & Forman

Labor & Employment E-Note - May 2021

Burr & Forman on

Focus - America's Immigration System: President Biden's First 100 Days - Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more

Jackson Lewis P.C.

Prevailing Wage Rule For High-Skilled Foreign Workers Effective November 2022

Jackson Lewis P.C. on

The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

Troutman Pepper

Changes to the Immigration Landscape in the First 100 Days of the Biden Administration

Troutman Pepper on

Q: It is no secret that Trump and Biden have starkly different views on immigration laws and policies. Now that President Biden is in charge, how have things changed? What impact has there been on employers and their...more

Burr & Forman

Labor & Employment E-Note - April 2021

Burr & Forman on

Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires - On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 ("PP 10052"), which suspended the issuance of...more

Burr & Forman

Presidential Proclamation Restricting the Issuance of Certain H, J, and L Visas Expires

Burr & Forman on

On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more

Akin Gump Strauss Hauer & Feld LLP

Inside The Immigration Reform Bill's Business Provisions

The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif. The bill is a key element of the president's...more

Morgan Lewis

Presidential Proclamation 10052 Expires

Morgan Lewis on

The Biden-Harris administration has allowed Presidential Proclamation 10052 (PP 10052) to expire as of March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain...more

Epstein Becker & Green

March 2021 Immigration Alert

Epstein Becker & Green on

USCIS’s FY 2022 H-1B Cap Electronic Registration Begins Beginning 12:00 p.m. ET (9:00 a.m. PT) on March 9, 2021, until 12:00 p.m. ET (9:00 a.m. PT) on March 25, 2021, U.S. Citizenship and Immigration Services (“USCIS”) will...more

Harris Beach PLLC

Biden Immigration Bill: What it Means for Employment-based Immigration

Harris Beach PLLC on

On Thursday, February 18, House Democrats introduced the Biden Administration’s Immigration Bill “The U.S. Citizenship Act.” This is an ambitious, comprehensive immigration bill that likely will not be passed as a...more

Laner Muchin, Ltd.

Employment Authorization for H-4 Dependent Spouses Remains Available Under Biden Administration

Laner Muchin, Ltd. on

On January 25th, President Biden withdrew a proposal that would have rescinded employment authorization for certain H-4 dependent spouses of H-1B nonimmigrants. The proposed rule, ‘Removing H-4 Dependent Spouses from the...more

Burr & Forman

"Take 5" Immigration Podcast Series: Episode 15: Immigration Expectations Under the Biden Presidency

Burr & Forman on

In episode 15 of the Take 5 Immigration Podcast Series, host Melissa Azallion Kenny is joined by Burr partner Jonathan Eggert to discuss what's on the immigration horizon for businesses in 2021, including the DACA program,...more

Dickinson Wright

Immigration Update: Biden Administration Takes Action

Dickinson Wright on

The Biden Administration appears to have addressed some of its promises on U.S. immigration policy by issuing a memorandum entitled “Memorandum and Presidential Proclamations” on January 20, 2021, the first day of his...more

Holland & Knight LLP

Immigration Under Biden Administration: H-1B Visa Cap Registration Period

Holland & Knight LLP on

In the first few weeks under the new Biden Administration, the United States has already seen the unraveling of some of the more restrictive measures taken by the Trump Administration, and more dismantling is expected to...more

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

Burr & Forman

Top 5 Immigration Expectations Under the Biden Presidency

Burr & Forman on

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more

Fisher Phillips

The Undoing Of Trump’s Immigration Agenda: Biden Unveils Series Of Immigration Reforms

Fisher Phillips on

One day is all it took for the Biden-Harris administration to repudiate the Trump-era crackdown on immigration. By issuing a series of Executive Actions, Presidential Memoranda, and Proclamations on January 20 and the days...more

Littler

President Biden Issues New Executive Orders and Supports Comprehensive Reform of Immigration Policy

Littler on

Former President Trump’s administration made countless policy changes that have transformed the U.S. immigration landscape over the past four years. With President Biden now in office after running a presidential campaign...more

Akerman LLP - HR Defense

Biden Quickly Shifts Immigration Policies – What Employers Need to Know

With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that...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

Seyfarth Shaw LLP

Updated: Trump Administration Midnight H-1B Changes Purport to Impose New Burdens on Staffing Firms, Service Providers, and Their...

Seyfarth Shaw LLP on

Readers will be pleased to learn that the DHS did not submit its scaled-back “H-1B Strengthening” rule by the expiration of the deadline for final rules issued by the Trump Administration. ...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B Cap Lottery May Favor The Highest Paid Foreign Nationals - But Will The Rule Take Effect?

In filing an H-1B petition, employers must select one of four wage levels for the applicable occupational title in preparing the required Labor Condition Application. (There is an exception when a private wage survey is...more

Jackson Walker

What Happens to President Trump's Immigration Proclamations During President Biden's First 100 Days?

Jackson Walker on

Jackson Walker immigration attorney Sang Shin provides an update on the Trump administration's recent proclamations to extend bans on all new H-1, L-1, and J-1 visas until March 31, 2021. In addition, there are a number of...more

Dickinson Wright

Immigration 2021: A New Administration, A New Beginning?

Dickinson Wright on

For the last 4 years, U.S. immigration law and policy has been in the spotlight with numerous Presidential Proclamations, Executive Orders, and rapid policy changes as well as regulations, which have resulted in a...more

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