News & Analysis as of

H-1B Immigration Procedures O Visa Petitions

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

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Lippes Mathias LLP

Major Change Permits Interview Waivers for Many Nonimmigrants

Lippes Mathias LLP on

Recognizing “the positive impact of temporary work visa holders on the U.S. economy,” the U.S. Department of State (DOS) has announced an expansion of its previous policy permitting waivers of the interview requirement for...more

Burr & Forman

So Your Employee Wasn’t Selected in the H-1B Lottery… Now What?

Burr & Forman on

On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process.  Beginning April 1st, those selected were eligible to start filing.  But what if your employee was not selected? ...more

Morgan Lewis

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

Morgan Lewis on

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

Akerman LLP - HR Defense

Handling Foreign National Healthcare Workers in the Pandemic

Healthcare workers – critical to the U.S. response to the COVID-19 pandemic – are needed more now than ever, yet the bureaucracy surrounding employment of foreign national healthcare workers creates roadblocks....more

Morgan Lewis

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

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