News & Analysis as of

H-1B Immigration Procedures Immigration Enforcement

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 -
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

Mayer Brown

New Targets, New Tactics: DOJ Whistleblower Program Focuses on Immigration Enforcement

Mayer Brown on

A new US Department of Justice (DOJ) policy, outlined in a memorandum titled “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime,” signals increased scrutiny and an expanded enforcement focus of potential...more

Warner Norcross + Judd

From TPS to FDNS: Key Immigration Action Impacting Employers

Warner Norcross + Judd on

As federal immigration policy continues to shift, employers must remain attentive to developments that affect global talent management, work authorization and petition-based compliance. This eAlert highlights critical updates...more

Cozen O'Connor

Employers Advised to Prepare Now for Government Fraud Detection Site Visits

Cozen O'Connor on

Employers who employ H-1B, L-1, R-1 foreign nationals, or are pursuing EB-5 immigrant investor program visas should prepare for the likelihood of an unannounced site visit by the government. The USCIS Fraud Detection and...more

Schwabe, Williamson & Wyatt PC

Medical Care Providers and Their Foreign Health Care Professionals: Minimize the Risk of Immigration Enforcement

Recent changes in U.S. immigration policy have created unprecedented challenges for health-care providers and their sponsored foreign national employees. According to recent news reports, the Trump administration is...more

IR Global

Tapping into global talent

IR Global on

1. What are the most critical legal considerations businesses should be aware of when navigating international talent acquisition and immigration laws? When businesses tap into the global talent pool, understanding the...more

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

CDF Labor Law LLP on

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

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

Fisher Phillips on

The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...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

Foley & Lardner LLP

Vigorous Immigration Law Enforcement Is Here: I-9 Inspections, Site Visits, and More 

Foley & Lardner LLP on

President Trump’s new administration takes charge this week with a renewed focus on enforcing federal immigration law. In fact, as explained in today’s companion article, one of President Trump’s first action items on...more

Fisher Phillips

Trump Takes Swift Immigration Action: What Employers Need to Know

Fisher Phillips on

In the hours after Donald Trump was sworn in as President, his administration started taking immediate action to reshape the country’s immigration policies – and employers need to pay attention given the impact these changes...more

Proskauer Rose LLP

Department of Labor Compliance for H-1B and E-3 Visas When Telecommuting Is Required

Proskauer Rose LLP on

Advice to U.S. Employers: Immigration Insights Series during COVID-19 Crisis - The 2nd in our Series of Advisories - Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies...more

Butler Snow LLP

COVID-19: Impact on Business Immigration FAQs

Butler Snow LLP on

The current National Emergency is resulting in rapid changes to US immigration law and policy. We are monitoring those changes and will continue to update these FAQs with new developments...more

Fox Rothschild LLP

Immigration Agencies Response To The COVID-19/Coronavirus Pandemic

Fox Rothschild LLP on

In an effort to allay concerns and to enable our clients to adjust plans relevant to nonimmigrant or immigrant visa status in light of the current unprecedented situation, we are providing you with this update regarding...more

Morgan Lewis

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...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

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

Immigration Insights: Need-To-Know Updates for Employers

In this episode, Jamie Dietz and Tina Ho discuss the current business immigration landscape, from recent guidance and policy memos to practical insights for employers on understanding and preparing for this constantly...more

Faegre Drinker Biddle & Reath LLP

Continued Enforcement by USCIS: Recent Memos on Immediate Denials and Possible Deportation for Beneficiaries of Employment-Based...

United States Citizenship and Immigration Services (USCIS) recently issued two policy memoranda that will affect all immigration petitions filed with the agency. While implementation of the policies is still unclear,...more

Bradley Arant Boult Cummings LLP

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Clark Hill PLC

Insight on Immigration Updates

Clark Hill PLC on

H-1B Filing Season to Begin April 2, 2018 - Lottery is Anticipated - Employers are reminded to identify new candidates who will require new H-1B sponsorship as soon as possible to ensure that these applications are accepted...more

Davis Wright Tremaine LLP

Five Immigration To-Do’s for Employers in 2018

The White House and Department of Homeland Security have announced plans to change the legal immigration system in ways that could significantly impact employers with foreign workers who are managers, executives,...more

Tarter Krinsky & Drogin LLP

The Impact of U.S. Immigration Changes Over The Past Year Under The Trump Administration: What You Need To Know

Despite the fact that the new administration has not had any legislative success in the immigration arena over the past year, U.S. Citizenship Services has issued many updated policy memos changing procedures and changed the...more

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