News & Analysis as of

H-1B Employment Policies

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 -
Fisher Phillips

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

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Jackson Lewis P.C.

U.S. Still Leads in Attracting International Talent — But For How Long?

Jackson Lewis P.C. on

The United States continues to be a magnet for international students, especially in science and engineering graduate programs, but its dominance is no longer a given. According to a new report from the Association of...more

Fisher Phillips

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

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Mayer Brown

Building the Future: Addressing the Need for AI Global Talent in the United States

Mayer Brown on

Attracting global talent will be key to maintaining US leadership in Artificial Intelligence (AI). President Donald Trump’s recent executive orders aim to cut through barriers to accelerate AI development and amplify foreign...more

Buchalter

Travel Advisory for Visa Holders Seeking to Travel and Return to the United States

Buchalter on

March 12, 2025 By: Kripa Upadhyay As the Trump administration continues to implement changes to immigration policies affecting adjudications within the U.S. and at consular posts abroad, the following recommendations are...more

Conn Maciel Carey LLP

Newly-Confirmed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling Set to Lead U.S. Workplace Policy

Conn Maciel Carey LLP on

On March 10, 2025, the U.S. Senate confirmed Lori Chavez-DeRemer as Secretary of Labor with Keith Sonderling joining her as Deputy Secretary of Labor in the new Trump Administration. The vote was 67 to 32, with 17 Democrats...more

Fisher Phillips

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

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Adams & Reese

Trump, Musk, and the Future of the H-1B Visa: What to Expect for FY2026

Adams & Reese on

It’s that time of year again – the H-1B visa program is back in the spotlight as we enter the lottery registration period for Fiscal Year 2026. The lottery will be open from March 7-24, 2025....more

Rivkin Radler LLP

H-1B Registration Opens in 2 Weeks

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Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for...more

Williams Mullen

Prepare for Consular Delays: Visa Interview Waiver Requirements Are Further Restricted

Williams Mullen on

The U.S. Department of State has revised its Visa Interview Waiver (commonly referred to as “dropbox”) Program criteria, narrowing eligibility for certain visa applicants. Now, visa applicants seeking renewal under the...more

Husch Blackwell LLP

Considerations for International Travel for Visa Holders

Husch Blackwell LLP on

As the second Trump administration takes office, we offer the following considerations for visa holders (F-1, H-1B, L-1, E-2, TN, and others) who are seeking to travel internationally....more

BakerHostetler

Department of Homeland Security Terminates 2023 Designation of Temporary Protected Status for Venezuela

BakerHostetler on

On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer support the 2023 designation of Venezuela for TPS. This means that Venezuelans physically present in the U.S. under...more

Cozen O'Connor

FY2026 H-1B Lottery Registration Begins

Cozen O'Connor on

On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2026 H-1B Cap Lottery will open at noon Eastern Time (EST) on March 7, 2025, and run through noon...more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Baker Donelson

The H-1B Visa Process and the Second Trump Administration

Baker Donelson on

The official USCIS announcement of registration and filing dates for the H-1B CAP Registration process is quickly approaching and with the inauguration of the second Trump administration, there is much uncertainty about the...more

Vorys, Sater, Seymour and Pease LLP

Changes to Immigration Enforcement Policies Impact Employers

Through a series of executive orders and agency actions since taking office on January 20, 2025, the second Trump Administration has implemented drastic changes to immigration enforcement that are increasing incidents of...more

Ballard Spahr LLP

Preparing for ICE Visits in Light of Executive Orders

Ballard Spahr LLP on

The Trump administration, through its recent executive orders and public statements, has kept its promise to take swift actions on immigration enforcement. On January 21, 2025, the Trump administration revoked a longstanding...more

Faegre Drinker Biddle & Reath LLP

Deferred Action for Childhood Arrivals (DACA) Under the Trump Administration 2.0

Status of DACA Program - First enacted by President Obama in 2012, the Deferred Action for Childhood Arrivals (DACA) program allows certain individuals, who came to the United States as children and meet several guidelines,...more

Morgan Lewis

Trump-Vance Administration Issues Executive Orders on Immigration: Implications for Employers

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President Donald Trump on his first day in office signed immigration executive orders focusing on border enforcement, removal, asylum, and birthright citizenship....more

Holland & Hart - Employers' Lawyers

Preparing for Worksite Enforcement Investigations

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?...more

Dinsmore & Shohl LLP

Preparing for the New Year, New Administration and New Possibilities: A Guide to Site Inspections

Dinsmore & Shohl LLP on

As the new administration begins, significant changes to immigration policies are anticipated, though the specifics of these changes—including when they will take effect and how they will impact the current immigration...more

Fisher Phillips

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

Fisher Phillips on

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

Snell & Wilmer

Preparing for Immigration Changes Under the Trump Administration

Snell & Wilmer on

Employers need to be aware of anticipated changes to immigration policy under the new Trump administration and be prepared for the impact those changes may have on their workforce. All employers should make sure their I-9s...more

Fisher Phillips

Top 6 Workplace Law Developments Tech Employers Can Expect Under President Trump

Fisher Phillips on

Our firm has provided general perspectives on what employers can expect under the next Trump administration – but we are delving into core issues and opportunities for tech employers. Everyone expects President Trump and his...more

Guidepost Solutions LLC

Trump’s Impact on Employment Visas: What Employers Should Expect

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As a new presidential administration takes office, the future of employment-based visa policies is once again in the spotlight. While campaign promises have centered on border security and addressing unauthorized immigration,...more

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