The H-1B program remains one of the most important—and most operationally complex—tools for U.S. employers seeking to hire and retain foreign national talent. Between cap-season timing, heightened documentation expectations,...more
The H-1B visa classification was established as a nonimmigrant, temporary worker program to aid U.S. employers unable to fill highly specialized positions (those requiring a bachelor’s degree or its equivalent). The...more
On September 19, 2025, the U.S. Department of Labor (DOL) announced Project Firewall. This initiative reflects a strengthening of investigative efforts to ensure employer compliance with their obligations under the H-1B visa...more
The U.S. Department of Labor (DOL) has announced a new enforcement initiative called Project Firewall, focused on companies that employ H-1B workers. The program will bring more audits and investigations to check that...more
The White House has announced significant changes to the H-1B program, including a new $100,000 petition fee, revised prevailing wage rules, a tiered lottery system, and expanded enforcement measures. These developments...more
The US Department of Labor has launched Project Firewall, a new enforcement initiative focused on safeguarding the rights, wages, and job opportunities of American workers. The program signals heightened scrutiny of H-1B...more
The U.S. Department of Labor (DOL) has launched Project Firewall, a sweeping enforcement initiative designed to ensure strict employer compliance with the H-1B visa program. Coupled with the recent presidential proclamation...more
With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more
Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more
The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...more
A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more
Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/H-1B labor condition application (LCA) process for employers conducting...more
As employers make adjustments to incorporate Remote Work Policies in a post-COVID world, employers with a foreign workforce must also carefully consider antiquated immigration rules for their Work from Home (WFH) workforce....more
The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more
On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more
The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more
On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more
Effective June 30, 2021, 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, resulting...more
The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process...more
In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more
On October 6, 2020, the Department of Labor (DOL) issued a new rule entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” amending the regulations...more
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
On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more
The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published interim final rules yesterday that amend regulations governing prevailing wage computation and the definition of “specialty occupation” in the H-1B...more
The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty...more