News & Analysis as of

H-1B Hiring & Firing Coronavirus/COVID-19

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

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

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1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

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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...more

McAfee & Taft

COVID-19 benching: H-1Bs can’t sit this one out

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The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for services. As if navigating the employment-based immigration laws...more

Morgan Lewis

Presidential Proclamation 10052 Expires

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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

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

Gibney Anthony & Flaherty, LLP

Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers

A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - October 2020 #2

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The Saga Of The Stimulus Deal Continues. As readers of this newsletter are well aware, the negotiations over additional stimulus legislation to confront COVID-19, and all of its attendant consequences, has seen a number of...more

BakerHostetler

Changes to Business Immigration During COVID-19: What Employers Need to Know

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Just how much impact is the global pandemic having on foreign national workers and business immigration? Matt Hoyt addresses this question and gives us a breakdown of which foreign national workers are most at risk and how...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

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This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - August 2020

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23 State AGs Coordinate to Sweep Shaky Legal Footing of Immigration Executive Orders.  As we at the PMN summarized here, and as Seyfarth explored here, on April 23, President Trump issued an Executive Proclamation banning...more

Morgan Lewis

Current Travel Restrictions and the Ability to File Certain Immigration Petitions and Applications

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With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more

Cozen O'Connor

Immigration COVID-19 FAQ

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I have an appointment at the local USCIS office. What should I do? All USCIS offices have been closed to the public at least until June 4, 2020. USCIS is preparing to reopen its offices on or after June 4, 2020. USCIS will...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

FordHarrison

Immigration Alert: President Trump Suspends Entry of Certain Foreign Workers Until End of 2020

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This updates our Legal Alert of April 22, 2020, which discussed President Trump’s 60-day suspension on the entry of individuals applying for immigrant visas (“green cards”) outside of the United States....more

Robinson+Cole Manufacturing Law Blog

Trump Proclamation Curtails the Ability of Manufacturers to Bring Workers in From Outside USA

President Trump signed a proclamation temporarily suspending the entry of certain H-1B, L-1, H-2B and J-1 foreign national workers and their dependents who are currently outside of the U.S. and do not have a valid visa or...more

Seyfarth Shaw LLP

Update: President Trump Issues New Proclamation Prohibiting Travel to the U.S. by Certain Nonimmigrants as a Result of the Novel...

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Seyfarth Synopsis: President Trump issued a new order restricting travel to the United States by certain nonimmigrants, including those in H-1B, H-2B, J-1 and L-1 status. ...more

Polsinelli

President Trump Bans Entry of Certain Temporary Foreign Workers, Extends “Green Card” Ban Through 2020

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President Trump has issued a new Executive Order extending the current ban on immigrant visas for those outside the United States, as well as barring entry of new classes of nonimmigrant visas, namely H-1B, H-2B, L, and J...more

Robins Kaplan LLP

Financial Daily Dose 6.23.2020 | Top Story: White House Suspends Work Visas for Hundreds of Thousands

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On Monday, the White House announced its plan to extend a “freeze on ‘green cards’ for new immigrants” and to “suspend H-1B, L-1, J and other temporary work visas for skilled workers, managers and au pairs through the end of...more

Hogan Lovells

COVID-19: Daily Report for Life Sciences and Health Care Companies (UPDATED)

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The Centers for Disease Control and Prevention (CDC) urged organizers of large gatherings that involve shouting, chanting, or singing to “strongly encourage” attendees to use cloth face coverings to lower the risk of...more

Proskauer Rose LLP

Compliance with Immigration-Related Requirements: Interruptions of H-1B Employment

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Advice to U.S. Employers: Immigration Insights Series During COVID-19 Crisis - A Series of Advisories - Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it...more

Littler

Between a Rock and a Hard Place: Options for Texas Employers in the Face of COVID-19

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As they struggle to stay afloat during this time of crisis, many employers are looking for legal, humane ways to cut costs, including in payroll and benefits. This article summarizes the current state of Texas law on these...more

Morgan Lewis

H-1B Workers – Unpaid, Nonproductive Time and Terminations During the COVID-19 Crisis: An FAQ for Employers

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Here are some frequently asked questions to help employers understand the legal ramifications of furloughs and terminations of H-1B workers in light of the coronavirus (COVID-19) outbreak....more

Seyfarth Shaw LLP

Social Security Administration Office Closures and Impact on Social Security Number Issuance

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With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more

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