News & Analysis as of

H-1B Citizenship

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Tarter Krinsky & Drogin LLP

July 2025 Summer U.S. Immigration Updates

H-1B Cap Lottery for Fiscal Year (FY) 2026 Completed - U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient congressionally mandated 65,000 H-1B visa regular cap and 20,000 H-1B...more

Tonkon Torp LLP

Birthright Citizenship: Impact on Business Immigration?

Tonkon Torp LLP on

President Trump’s Executive Order, “Protecting the Meaning and Value of American Citizenship,” limits birthright citizenship to babies born in the United States after February 20, 2025, who had at least one parent who was a...more

Jackson Lewis P.C.

President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers

Jackson Lewis P.C. on

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has...more

Maynard Nexsen

Trump 2.0 Executive Orders that Impact Employment-Based Visas

Maynard Nexsen on

On January 20, 2025, President Trump issued a series of executive orders that imposed significant reforms to the immigration system, many of which may or will have an impact on employment-based visas. The following is a...more

Benesch

Sneak Peek into the Trump 2.0 Administration Immigration Landscape

Benesch on

President-elect Donald Trump has vowed “to carry out the largest domestic deportation operation in American history”, promising to declare a national emergency and deploy the military for enforcement. Building on the policies...more

Harris Beach Murtha PLLC

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more

Jackson Lewis P.C.

Manufacturing Industry’s Labor Shortage And Immigrant Workers

Jackson Lewis P.C. on

The gap between jobs needing to be filed and the skilled talent pool capable of filling them continues to grow wider in many industries, particularly in the U.S. manufacturing industry. The ability to retain labor from...more

Amundsen Davis LLC

Biden Changes Immigration Outlook, H-1B Visa Details TBD

Amundsen Davis LLC on

Last November I mentioned that the Trump Administration enacted over 400 immigration policy changes during its tenure. The changes added burdens to visa petitions, delayed processing, and made life more challenging for...more

Tarter Krinsky & Drogin LLP

New Administration, New Comprehensive Immigration Reform Proposal

On January 20, 2021, President Biden sent The U.S. Citizenship Act of 2021 (the Bill) to Congress for consideration. This legislation is considered groundbreaking and takes into consideration the last 25 years of efforts by...more

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

A Glimpse Into Biden’s Immigration Policies: The U.S. Citizenship Act of 2021

On January 20, 2021, Joseph R. Biden, Jr. was sworn into office as the 46th president of the United States. With this change in administration, it is expected that sweeping policy reviews and changes will be forthcoming....more

Fox Rothschild LLP

Trump Rule Restricting H-1B Visas Halted By Biden – Good News For H-1B Employers

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Wednesday, January 20, 2021, White House Chief of Staff Ron Klain issued a memorandum regarding review of pending regulatory actions which directs, in part, that (1) all rules pending at the Federal Register that have not...more

Tarter Krinsky & Drogin LLP

Changes To The World Of Immigration Law To Be Ushered In By A New Biden Administration – Key Issues To Watch Out For

President-elect Joseph R. Biden’s campaign website proclaims that “Immigration is essential to who we are as a nation, our core values, and our aspirations for our future… The United States deserves an immigration policy that...more

Constangy, Brooks, Smith & Prophete, LLP

Premium Processing Is Phasing Back In

Yesterday the U.S. Citizenship and Immigration Services began phasing back in premium processing for eligible Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers. Premium...more

Husch Blackwell LLP

USCIS Updates Employer Guidance For Completion Of Form I-9

Husch Blackwell LLP on

U.S. Citizenship and Immigration Services (USCIS) recently updated its Handbook for Employers: Guidance for Completing Form I-9, also called M-274. These changes are meant to clarify and add detail to existing Form I-9...more

Seyfarth Shaw LLP

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Shaw LLP on

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more

Herbert Smith Freehills Kramer

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

Pullman & Comley, LLC

Supreme Court’s DOMA Ruling Provides New Immigration Opportunities for Same-Sex Spouses

Pullman & Comley, LLC on

The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for...more

King & Spalding

Immigration Reform Quickly Moving to the Top of Obama's Second Term Agenda by George C. Crawford

King & Spalding on

Prospects for action on a revamping of immigration policy continue to brighten after President Obama's second inaugural speech. Addressing the subject, the President said, "Our journey is not complete until we find a better...more

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