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H-1B Hiring & Firing Today's Popular Updates

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 -
Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Burr & Forman

America’s Immigration System: President Biden’s First 100 Days

Burr & Forman on

Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more

Littler

Breaking Down the New DOL and DHS H-1B Rules

Littler on

While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more

Cozen O'Connor

Immigration COVID-19 FAQ

Cozen O'Connor on

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

Faegre Drinker Biddle & Reath LLP

Immigration Considerations for Financial Services and Insurance Employers

Financial services and insurance companies of all sizes require innovative immigration strategies and support to remain competitive in the global marketplace. From moving business leaders around the world to onboarding talent...more

Littler

USCIS Developments on the Discretion Afforded Adjudicators, and H-1B Premium Processing

Littler on

In recent weeks, several notable policy changes have taken place concerning the adjudication of immigration petitions by the United States Citizenship and Immigration Services (USCIS)....more

McDermott Will & Emery

US Immigration under the Trump Administration: What We Know and What We Think We Know

McDermott Will & Emery on

President Donald J. Trump recently issued an Executive Order, followed by a proposed bill and other guidance, which would drastically change the current immigration system. Based on these developments, employers should be...more

Moore & Van Allen PLLC

H-1B Cap and Lottery Update

Moore & Van Allen PLLC on

On May 3rd, USCIS completed all data entry of fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery...more

Dickinson Wright

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

Dickinson Wright on

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

Baker Donelson

H-1B Cap FY2017 and Aftermath

Baker Donelson on

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Shumaker, Loop & Kendrick, LLP

Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies

On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the...more

Franczek P.C.

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

Franczek P.C. on

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

Obermayer Rebmann Maxwell & Hippel LLP

The 2015 STAPLE Act: Will Relief Finally Come for U.S. Employers in Need of Foreign Talent?

USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in its computer-generated lottery. USCIS will now begin returning all H-1B cap-subject petitions that...more

Franczek P.C.

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

Franczek P.C. on

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

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