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United States Citizenship and Immigration Services › H-1B › Wage and Hour

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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

Beltway Buzz - February 2024

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House Advances Bipartisan Tax Package. On January 31, 2024, the U.S. House of Representatives passed the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024) by a vote of 357–70....more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

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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

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

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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

Tarter Krinsky & Drogin LLP

Guidance for H-1B Workers Facing Termination of Employment

Tarter Krinsky & Drogin LLP on

Recent massive layoffs and hiring freezes announced by major technology companies, coupled with fears of an imminent recession in the U.S. have significantly impacted workers and raised concerns among many currently employed...more

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Opened on March 1, 2022

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For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window started on March 1 and...more

Robinson+Cole Construction Law Zone

Consider the H-1B Visa to Build Your Construction Industry Workforce

Robinson+Cole Construction Law Zone on

Foreign nationals account for 61% of the full-time graduate students in civil engineering programs in the United States, according to the National Foundation for American Policy NFAP Policy Brief, August 2021, International...more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

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In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Burr & Forman

America’s Immigration System: President Biden’s First 100 Days

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Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more

Mintz - Immigration Viewpoints

USCIS Announces H-1B Registration Period for March 2021 H-1B Cap

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On Friday, February 5, 2021, US Citizenship and Immigration Services (USCIS) announced that the online registration period for H-1B quota selection for Fiscal Year 2022 will begin on March 9 at 12:00 pm (noon) eastern...more

Burr & Forman

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

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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

Sherman & Howard L.L.C.

Time For Employers To Plan Efforts Toward H-1B “Professional” Work Authorization For Foreign Recruits

Sherman & Howard L.L.C. on

Employers with foreign recruits or existing staff from other countries should start now to consider and assess possible H-1B “professional” nonimmigrant petition eligibility. There are significant developments under...more

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

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

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

Miles & Stockbridge P.C. on

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

Williams Mullen

DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries

Williams Mullen on

On January 8th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

Mintz - Immigration Viewpoints on

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

Vinson & Elkins LLP

New H-1B Rules Face An Uncertain Future

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One of the parlor games that labor and employment specialists engage in is to try to guess what a new and incoming administration will mean for our area of practice. And no doubt, we will be doing that during the next couple...more

Mitratech Holdings, Inc

Immigration Law Under Biden - What Changes Can We Expect?

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As we near the U.S. Presidential inauguration on January 20, 2021, the U.S. population and the world are on edge. In COVID-19 limbo, people are filled with polarized feelings and varying expectations: excitement, uncertainty,...more

Mintz - Immigration Viewpoints

New DHS Proposed Regulations will Revise the H-1B Cap Lottery

Mintz - Immigration Viewpoints on

On Monday, November 2, the Department of Homeland Security (DHS) published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. The rule would replace the random lottery selection...more

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

Beltway Buzz - October 2020 #5

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Election 2020: Patience Required. Voting in the 2020 elections wraps up in just four days, on November 3, 2020. However, due to many tight races and the unprecedented volume of mail-in ballots (and states’ differing rules on...more

Jackson Lewis P.C.

What's at Stake for Immigration?

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The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more

Seyfarth Shaw LLP

Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry

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The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary...more

Parker Poe Adams & Bernstein LLP

Impact of Recent Federal Changes on Sponsorship of Foreign Workers

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The U.S. Department of Labor recently announced changes that will make it harder for employers to meet the prevailing wage standard to bring in temporary professional workers under H-1B visas. The changes are also likely to...more

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