News & Analysis as of

H-1B Enforcement Actions 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 -
Jackson Lewis P.C.

DOL Resurrects PAID Program: Employers Can Self-Report, Resolve Violations

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The Department of Labor’s Wage and Hour Division (WHD) has relaunched its voluntary Payroll Audit Independent Determination (PAID) program, the agency announced July 24, 2025. The PAID program is an opportunity for employers...more

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

Fisher Phillips

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

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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

Woods Rogers

Trump’s Immigration Crackdown: Key Policies & Impact on Businesses

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President Trump has launched the most extensive deportation effort in U.S. history, reshaping immigration laws. An estimated 11-15 million undocumented immigrants live in the U.S. The Executive Orders and policy changes...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

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

Womble Bond Dickinson

Employer Compliance & Enforcement 2019 in Retrospect – Where do We Go from Here?

Womble Bond Dickinson on

The following are some immigration enforcement and compliance trends we are watching closely heading into the New Year—as well as some steps employers can take to stay a step ahead of these fast-moving regulatory and...more

Miles & Stockbridge P.C.

H-1B Employers May Face Fines for Non-Compliance with LCA Requirements

A staffing and recruiting company based in El Segundo, California recently paid $58,815 in fines to two H-1B workers after an investigation by the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the...more

Littler

New USCIS Policy Memo and Efforts to Combat Fraud in the H-1B Visa Program

Littler on

Starting October 1, 2018, the United States Citizenship and Immigration Services (USCIS) will begin implementing its June 28, 2018 policy memorandum to prioritize the removal of foreign nationals from the United States on the...more

Carlton Fields

Tips To Ready Employers When Immigration Agencies Come Knocking

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Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

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