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H-1B Immigration Reform Employer Liability Issues

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

February 2021: The Top 17 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

Littler

Executive Order Limits Federal Contractors’ Use of Foreign Labor

Littler on

On August 3, 2020, the White House issued an Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers, directing federal agencies to contract with those who prioritize the...more

Womble Bond Dickinson

Employer Compliance & Enforcement 2019 in Retrospect – Where do We Go from Here?

Womble Bond Dickinson on

The following are some immigration enforcement and compliance trends we are watching closely heading into the New Year—as well as some steps employers can take to stay a step ahead of these fast-moving regulatory and...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Littler

USCIS Announces Timeline for FY 2021 H-1B Electronic Pre-Registration Process

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On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more

Kramer Levin Naftalis & Frankel LLP

Important Recent Developments in Business Immigration Law

Consulates Now Requesting Social Media Information From Visa Applicants A new State Department policy requires all U.S. visa applicants to submit information about social media accounts (such as Facebook, Twitter or...more

Harris Beach PLLC

Part 3: Small Changes in Immigration Policies with Respect to International Students Have Major Impact

Harris Beach PLLC on

In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more

Littler

New USCIS Policy Memo and Efforts to Combat Fraud in the H-1B Visa Program

Littler on

Starting October 1, 2018, the United States Citizenship and Immigration Services (USCIS) will begin implementing its June 28, 2018 policy memorandum to prioritize the removal of foreign nationals from the United States on the...more

Littler

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

Mintz

H-1B Updates from USCIS

Mintz on

“Computer Programmer” as a Specialty Occupation - On March 31, 2017, USCIS released a policy memorandum addressing the adjudication and review of H-1B petitions for Computer Programmers. The memorandum rescinded a...more

Bracewell LLP

USCIS Announces New Measures to Detect H-1B Visa Fraud and Abuse

Bracewell LLP on

On April 3, 2017, the United States Citizenship and Immigration Services (“USCIS”) announced heightened measures to deter and detect H-1B visa fraud and abuse. In its site visits to H-1B petitioners and the worksites of H-1B...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being...

Timed to coincide with the date when thousands upon thousands of H-1B petitions, subject to the quota cap limitation are filed with Service Centers of United States Citizenship and Immigration Services, various government...more

Jackson Lewis P.C.

Immigration Law Enforcement and Visa Programs Focus of Draft Executive Order

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President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by...more

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