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Visas United States Citizenship and Immigration Services Prevailing Wages

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

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The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Lippes Mathias LLP

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

Lippes Mathias LLP on

USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...more

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Will Open on March 1, 2022

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 starts on March 1...more

Robinson+Cole Construction Law Zone

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

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

Harris Beach PLLC

Nursing Shortages Open a Path to Immigrant Nurse Visas: Process Explained

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As hospitals and medical centers continue to face challenges in staffing during the pandemic, the struggle is heightened to find and hire sufficient numbers of registered professional nurses. In the rural and medically...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

Akerman LLP - HR Defense

Biden Quickly Shifts Immigration Policies – What Employers Need to Know

With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that...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

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

Tonkon Torp LLP

New Regulation Creates Wage-Based Selection Process For H-1B Lottery

Tonkon Torp LLP on

On January 8, 2021, the Department of Homeland Security published a new regulation that will change the annual H-1B cap selection process from random selection to wage-based selection. In short, USCIS will rank and select...more

CDF Labor Law LLP

USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System

CDF Labor Law LLP on

Yesterday, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated.  Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000...more

Kramer Levin Naftalis & Frankel LLP

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more

Harris Beach PLLC

Recent H-1B Restrictions Overturned by Federal Court

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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

Jackson Lewis P.C.

What's at Stake for Immigration?

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP on

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

Williams Mullen

H-1B Specialty Occupation Under Attack Again by DHS and New Increases to Prevailing Wage Levels by the DOL

Williams Mullen on

In June, President Trump issued a proclamation that suspended the issuance of certain nonimmigrant visas and required the Secretaries of Labor and Homeland Security to provide recommendations on measures to protect the U.S....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

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

Gibney Anthony & Flaherty, LLP

Trump Administration Advances Rules Restricting Visas for High-Skilled Foreign Workers

The Trump Administration has announced that it will publish two Interim Final Rules on Thursday, October 8, 2020 that will substantially alter the H-1B visa program for temporary professionals working in a specialty...more

Burr & Forman

Summer Green Card Series What Employers Should Expect from the Basic PERM Process Part 1

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PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more

Holland & Knight LLP

Immigration Under the New Administration: H-1B Visas and What to Expect

Holland & Knight LLP on

With the Trump Administration taking office, it is expected that changes to immigration policies will be carried out swiftly and, to a large extent, in an unapologetically straightforward manner. While the initial public...more

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

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

FordHarrison

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

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On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Shumaker, Loop & Kendrick, LLP

Adjudication of H-2B Petitions Temporarily Suspended

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more

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