News & Analysis as of

Specialty Occupations Interim Final Rules (IFR)

McCarter & English, LLP

Trump Administration Loses Another Immigration Federal Challenge

As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more

Harris Beach PLLC

Recent H-1B Restrictions Overturned by Federal Court

Harris Beach PLLC on

On December 1, 2020, the U.S. District Court for the Northern District of California issued a decision overturning two recent Interim Final Rules promulgated by the U.S. Department of Labor (DOL) and U.S. Department of...more

Foley & Lardner LLP

U.S. Companies Must Prepare to Pay Higher Wages for Specialty Occupation Foreign Workers

Foley & Lardner LLP on

On October 8, 2020, the U.S. Department of Labor (DOL) published the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”interim final rule, amending the existing...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Introduces Major Changes to H-1B Visas and Employment-Based Green Cards

- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...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

Nilan Johnson Lewis PA

October Surprise: Major Changes for Employers who Sponsor Foreign Workers

Nilan Johnson Lewis PA on

During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more

Tonkon Torp LLP

DHS Publishes Regulation Impacting H-1B Program

Tonkon Torp LLP on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more

Tonkon Torp LLP

DOL Publishes Regulation Impacting Prevailing Wages

Tonkon Torp LLP on

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

McCarter & English, LLP

A Rush To Rule: More Trump-Era Agency Actions Destined For A Loss In Federal Court

McCarter & English, LLP on

On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more

Ballard Spahr LLP

DOL, DHS Issue New Rules for H-1B Process and Prevailing Wage Computation

Ballard Spahr LLP on

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

Cozen O'Connor

Sweeping Changes to the H-1B Program To Go into Effect

Cozen O'Connor on

Two Interim Final Rules (IFRs) are to be published on Thursday, October 8, 2020 by the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The DHS “Strengthening the H-1B Nonimmigrant Visa...more

Littler

U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage...

Littler on

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

Womble Bond Dickinson

USCIS Interim Final Rule Revising Definition of “Specialty Occupation”

Womble Bond Dickinson on

On October 6, 2020, the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) to be published on October 8, 2020 and to take effect on December 7, 2020. The rule revises regulations regarding the H-1B...more

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