News & Analysis as of

Wage and Hour Prevailing Wages Highly-Skilled Workers Visa

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...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

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

DOL Delays Implementation of Updated OES Wage Rule

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

Burr & Forman

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

Burr & Forman on

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

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

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

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

WilmerHale

In Case You Missed It: Launch Links - January 2021 #2

WilmerHale on

Some interesting links we found across the web this week: Trump Administration Increases Salary Requirements for H-1B Visa Holders - The Trump Administration has recently promulgated a new rule increasing the...more

Constangy, Brooks, Smith & Prophete, LLP

DOL Will Increase Wage Rates For High-Skilled Worker Visas...Or Will It?

The U.S. Department of Labor has again issued a final rule on the computation of prevailing wage levels for high-skilled foreign workers. The rule is intended to replace a prevailing wage rule issued in October that was...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

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

Fisher Phillips on

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

Miller Canfield

U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

Miller Canfield on

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...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

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

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

Jackson Lewis P.C.

Congress Considers Visa Bill Ahead of Expected Immigration Executive Order

Jackson Lewis P.C. on

Perhaps anticipating an Executive Order from the White House on business immigration reforms, Representative Zoe Lofgren (D-Cal.), who represents Silicon Valley, has introduced a bill that calls for many reforms....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

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