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H-1B Department of Justice (DOJ) Employer Liability Issues

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 -
Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

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In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Alston & Bird

DOJ’s Whistleblower Financial Incentive Escalates Risk for Employers

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Our Immigration Team inspects how the Department of Justice (DOJ) is using its new whistleblower incentives to prioritize investigating employers’ potential criminal immigration activity....more

Alston & Bird

Employer Verification and H-1B Cap Lottery Season: 2022 New Year Action Items and Tools

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A new year means all-new paperwork (and plenty of it) for employers using E-Verify and hiring H-1B foreign workers. ...more

PilieroMazza PLLC

Weekly Update Newsletter - March 2019 #4

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HEARING ON THE SMALL BUSINESS RUNWAY EXTENSION ACT - The House Small Business Subcommittee on Contracting and Infrastructure is holding a hearing on Tuesday, March 26, 2019, at 10:00 a.m., concerning the implementation of...more

Foley & Lardner LLP

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

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Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Epstein Becker & Green

Immigration Alert: September 2014

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Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

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