News & Analysis as of

H-1B Immigration Reform and Control Act (IRCA)

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 -
Lippes Mathias LLP

Avoiding Citizenship and National Origin Discrimination—The Tricky Analysis Surrounding What Employers May Request from Foreign...

Lippes Mathias LLP on

It may be hard to imagine, but prior to 1986 it was not illegal for an employer to hire an undocumented worker. All of that changed with the enactment of the Immigration Reform and Control Act of 1986 (IRCA). In addition to...more

Tarter Krinsky & Drogin LLP

Changes To The World Of Immigration Law To Be Ushered In By A New Biden Administration – Key Issues To Watch Out For

President-elect Joseph R. Biden’s campaign website proclaims that “Immigration is essential to who we are as a nation, our core values, and our aspirations for our future… The United States deserves an immigration policy that...more

Proskauer Rose LLP

Compliance with Immigration-Related Requirements: The Interplay of COVID-19 and The Public Charge Rule

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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

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Bracewell LLP

Revised I-9 Employment Eligibility Verification Form: Effective January 22, 2017

Bracewell LLP on

A revised version of Form I-9, Employment Eligibility Verification has been published. Effective January 22, 2017, employers must only use the new version of the Form I-9 dated 11/14/2016 N. The old version dated 03/08/2013 N...more

Snell & Wilmer

New Compliance Concerns for Employers of Foreign Workers

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Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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