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H-1B PERM Labor Regulations

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 -
Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

Shipman & Goodwin LLP on

As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Perkins Coie

Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

Perkins Coie on

The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more

Kramer Levin Naftalis & Frankel LLP

DOL Regulation Raises Prevailing Wage Rate for H-1B Workers

Without notice or the opportunity for public comment, as required by federal law, the Department of Labor (DOL) issued a regulation that will significantly raise the minimum required wages for H-1B, H-1B1, E-3 and PERM labor...more

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