News & Analysis as of

H-1B North American Free Trade Agreement Foreign Nationals

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 -
Tarter Krinsky & Drogin LLP

H-1B Cap Filing Season is Just Around the Corner: A Refresher on the H-1B Process - January 2022

Background- The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas and facilitates the employment of foreign nationals entering the United States to perform employment in...more

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

Epstein Becker & Green

USCIS Announces Limitation on NAFTA Eligibility in “Economist” Classification

Epstein Becker & Green on

On December 18, 2018, U.S. Citizenship and Immigration Services (“USCIS”) issued a news release announcing “clarifying policy guidance” on eligibility standards for qualifying as a TN “Economist” under the North American Free...more

Dickinson Wright

What’s New in Immigration Law?

Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Burr & Forman

The First 100 Days on Planet Immigration

Burr & Forman on

The first months of President Trump’s administration have been a whirlwind of activity, and certainly immigration has been the subject of several executive orders and much controversy. The natural question that arises from...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Moore & Van Allen PLLC

U.S. Immigration & The Trump Administration

Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Epstein Becker & Green

Immigration Policy Choices Under the New Administration

Epstein Becker & Green on

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Kramer Levin Naftalis & Frankel LLP

The Potential Impact of the U.S. Presidential Election on Business Immigration

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

Littler

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

Littler on

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

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