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H-1B Trump Administration Foreign Nationals

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

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

Fisher Phillips

Workplace Immigration Update: H-1B Cap Reached, Venezuela TPS Revived, and Electronic Device Searches

Fisher Phillips on

Employers should be mindful of four critical immigration developments that have recently taken place and could impact your workplace. Here is the latest update from our Immigration Team....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

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

ArentFox Schiff

Foreign National Travel Is Riskier Due to Maximum Visa and Admission Vetting and Restrictive Visa Interview Waiver Criteria

ArentFox Schiff on

Foreign nationals and employers should plan all international travel more carefully and further in advance. President Trump issued an executive order (EO) directing various federal agencies to coordinate their efforts to...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

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

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

Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...more

ArentFox Schiff

Employers: Choose H-1B Lottery Entries Wisely Amid Trump-Era Uncertainties

ArentFox Schiff on

It is that time of year again when employers have to decide who they are sponsoring for an H-1B visa....more

Akerman LLP - HR Defense

The Potential Impacts of President Trump’s Administration on DACA and Temporary Protected Status

President Donald Trump has indicated a strong intention to eliminate both the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs, which allow foreign nationals to temporarily live and...more

Jackson Lewis P.C.

H-1B Visas: Will Trump 2.0 Be a Turning Point for Employers Needing Skilled Foreign Workers?

Jackson Lewis P.C. on

Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. Recent statements by Trump advisors Elon Musk and...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - Episode 24: Preparing Employers for Immigration Policy Changes Under the Trump...

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International practice, is joined by Teri Simmons, AGG Global Mobility chair, to discuss potential changes under the Trump administration to...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Akerman LLP - HR Defense

The Time for Certain Foreign National Workers to Stop Traveling Abroad is NOW, Not After the Inauguration

Akerman LLP - HR Defense on

One of the simplest but most important steps that employers should take to minimize the workforce disruptions associated with the upcoming change in presidential administrations is to avoid international travel by certain...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

Warner Norcross + Judd

Planning for the Future: Lessons from President-elect Donald Trump’s First Term on Immigration and What Employers Can Do to...

Warner Norcross + Judd on

As employers of foreign national talent prepare for the return of President-elect Donald Trump to the White House in 2025, understanding the key immigration takeaways from his first presidency is more important than ever....more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more

Bradley Arant Boult Cummings LLP

Do You Feel Lucky Employers? There’s an H-1B Lottery A-Coming

Employers interested in sponsoring foreign national workers for new cap-subject H-1B visas this year need to be getting ready now. This past Friday, U.S. Citizenship and Immigration Services (USCIS) announced that the...more

Jackson Walker

What Happens to President Trump's Immigration Proclamations During President Biden's First 100 Days?

Jackson Walker on

Jackson Walker immigration attorney Sang Shin provides an update on the Trump administration's recent proclamations to extend bans on all new H-1, L-1, and J-1 visas until March 31, 2021. In addition, there are a number of...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

UB Greensfelder LLP

President Trump Extends Ban on H-1B, H-2B, L, and J Visa Applicants Through March 31, 2021

UB Greensfelder LLP on

Over the New Year’s holiday, the Trump administration extended the suspension on entry of H-1B, H-2B, J (for exchange visitors participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel...more

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