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H-1B Foreign Workers Constitutional Challenges

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 -
Tarter Krinsky & Drogin LLP

March 2025 H-1B Cap Registration and Other YTD Immigration Updates

January and February 2025 have been some of the most active months in the field of immigration law. We are pleased to share the latest updates, from sweeping executive actions to significant changes in immigration policy and...more

Holland & Hart LLP

Impact of Recent Immigration Policy Changes on Individuals and Businesses

Holland & Hart LLP on

The Trump administration has initiated a series of significant changes to U.S. immigration policy following the President’s inauguration on January 20, 2025. These actions, executed through executive orders and policy...more

Jones Day

DOJ's Immigration-Employment Program Faces Headwinds Amidst Milestone Settlement

Jones Day on

Two recent developments involving the U.S. Department of Justice's Civil Rights Division ("DOJ") highlight potential risks and opportunities for companies facing immigration-related employment matters....more

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