News & Analysis as of

H-1B Technology Sector

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 -
Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Jackson Lewis P.C.

Energy, Infrastructure, Domestic Manufacturing: Immigration System to Meet Labor Needs

Jackson Lewis P.C. on

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...more

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

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

Jackson Lewis P.C. on

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Jackson Lewis P.C.

Temporary Suspension Of Entry Ends For Certain H, L, J Visa Categories

Jackson Lewis P.C. on

The restrictions on the issuance of H-1B, L-1, and J-1 nonimmigrant “guest-worker” visas, which have been in place since June 24, 2020, expired without fanfare on March 31, 2021. As a result, U.S. consulates around the world...more

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

DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more

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

Recent Cases May Help Alleviate Concerns for H-1B Employers

Two federal courts recently issued decisions in favor of H-1B employers that could have an impact on the adjudication of H-1B petitions, especially information technology (IT) firms and those that seek to place employees at...more

FordHarrison

[Webinar] Immigration & Employment Issues Impacting IT Staffing Companies - August 1, 2:00pm ET

FordHarrison on

The H-1B sponsorship process under the Trump Administration has become more difficult than ever, especially within the IT staffing space. This timely webinar addresses common pitfalls and missteps facing technology staffing...more

Jackson Lewis P.C.

[Webinar] Technology Industry: What You Need to Know for the 2019 H-1B Lottery - January 31st, 2:00pm ET

Jackson Lewis P.C. on

Companies in the technology sector rely heavily on foreign skilled-worker H1-B visas to continue innovating and driving the global economy. On April 1, 2019 the U.S. Citizenship and Immigration Services (USCIS) agency will...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Jackson Lewis P.C.

India-Based Infosys Plans To Hire Thousands of U.S. Workers For New U.S. Locations

Jackson Lewis P.C. on

Amid criticism of outsourcing firms, at least one large Indian outsourcing company is planning to hire 10,000 U.S. workers over the next two years. Infosys CEO Vishal Sikka announced the company will open four technology and...more

Dentons

Trump Administration Takes Aim at H-1Bs

Dentons on

Besides the wall, another immigration-related theme made a frequent appearance in the presidential campaign: the H-1B visa. This program allows foreign nationals with a bachelor’s degree or higher (or the equivalent in...more

Jackson Lewis P.C.

Opposition to Travel Ban EO Includes Tech Firms and Others

Jackson Lewis P.C. on

After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument,...more

Franczek P.C.

Will the New Executive Administration Impact the H-1B Lottery?

Franczek P.C. on

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

JD Supra Perspectives

Tech Sector Braces for Possible Impact from President-Elect Trump’s Immigration Agenda

JD Supra Perspectives on

There could be repercussions for the tech sector from any number of actions that President-elect Trump might take on immigration. There could even be impact from his actions taken in other areas such as trade and national...more

Kelley Drye & Warren LLP

Obama Administration Announces $100 million in TechHire Grants to Support IT, Cybersecurity, Broadband Sector Training

Kelley Drye & Warren LLP on

On November 17, 2015, the Department of Labor (DOL) and the White House issued a funding announcement releasing $100 million in grants as a part of the Obama Administration’s TechHire Initiative, which specifically calls out...more

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Carlton Fields

Will the New Technology-Focused Immigration Bill Succeed?

Carlton Fields on

Technology companies, industry groups, and trade associations are enthusiastically supporting a new Senate bill that would make it easier for foreign nationals working in the technology sector to stay and work in the United...more

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