News & Analysis as of

H-1B Trump Administration Corporate Counsel

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

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

DHS Announces Significant Changes to H-1B Cap Selection Process

On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

Seyfarth Shaw LLP

President Trump Extends Immigrant and Nonimmigrant Visa Ban

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more

Tarter Krinsky & Drogin LLP

Federal Courts Reverse And Invalidate Administration Policies Concerning Deferred Action For Childhood Arrivals And The Definition...

On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This...more

Davis Wright Tremaine LLP

DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again have thwarted the Trump Administration's efforts to change H-1B rules and to increase the required wages that U.S. employers must pay to foreign workers. On December 1 and 3, 2020, a federal court order in...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Holland & Hart - Employers' Lawyers

Understanding Immigration Changes Imposed During the COVID Pandemic

Over the last few months, you may have read about major travel restrictions for foreign workers entering the United States. What key facts do employers need to know? ...more

Littler

Breaking Down the New DOL and DHS H-1B Rules

Littler on

While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more

Harris Beach PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach PLLC on

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...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

Baker Donelson

Overview of President-Elect Biden's Policies

Baker Donelson on

Below is a broad overview of policies for which President-Elect Biden has indicated support (PDF). It is important to note that, while some of these policies fall under the President's executive power, many will require...more

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

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

Constangy, Brooks, Smith & Prophete, LLP

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

Dickinson Wright

All Aboard the U.S. Immigration Merry-Go-Round!

Dickinson Wright on

It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not...more

Jackson Lewis P.C.

Department Of State Proposes To End B-1 In Lieu Of H-1B Visa

Jackson Lewis P.C. on

The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level...more

Morgan Lewis

US DOL Rule Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more

Morgan Lewis

Immigration Developments: USCIS and Visa Updates

Morgan Lewis on

This alert summarizes a number of important developments affecting business immigration that occurred last week, including a number of federal court decisions enjoining certain presidential and regulatory actions, as well as...more

Gibney Anthony & Flaherty, LLP

Federal Court Blocks U.S. Visa Ban on Temporary Foreign Workers

On October 1, 2020, a federal district court blocked enforcement of Presidential Proclamation 10052 (PP 10052) issued in June 2020, which suspends the entry of temporary foreign workers in certain visa categories, including...more

McCarter & English, LLP

Another Day, Another Executive Order: Targeting Nonissues In H-1B Hiring Practices

On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more

Jackson Lewis P.C.

H-1B Update: Administration To Increase Scrutiny, Investigations

Jackson Lewis P.C. on

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas. Without Congressional oversight or legislative changes, the Trump Administration has changed the policies...more

Seyfarth Shaw LLP

FAQ - New Proclamation Suspending Entry of H-1B, L-1, J-1, and H-2B Nonimmigrant

Seyfarth Shaw LLP on

Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status.  Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the...more

McCarter & English, LLP

USCIS Eases Policy Guidance Around The Adjudication Of Certain H-1B Petitions

On June 17, USCIS rescinded two policy memoranda and updated policy guidance dealing with the employer–employee relationship for H-1B petitions, including third-party site placements, and contracts and itineraries...more

Harris Beach PLLC

U.S. Immigration Further Restricted Through End of 2020

Harris Beach PLLC on

On Monday, June 22, 2020, President Donald Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The Proclamation imposes significant...more

Husch Blackwell LLP

Key Takeaways From The President's Proclamation Suspending Visa Issuance For Certain Temporary Workers And Exchange Visitors

Husch Blackwell LLP on

On June 22, 2020, the president signed an executive order suspending visa issuance for specific classes of visas. Citing economic concerns, the order suspends entry into the United States of those foreign nationals who seek...more

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide