News & Analysis as of

H-1B Wage and Hour Corporate Counsel

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 -
Cozen O'Connor

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

Cozen O'Connor on

On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to...more

Constangy, Brooks, Smith & Prophete, LLP

Proposed rule on H-1B cap selection process should be coming soon

The U.S. Department of Homeland Security has sent for review a proposed rule (Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions) regarding the H-1B lottery selection...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November 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

Jackson Lewis P.C.

Labor Department Issues Another Minimum Wage Rule For High-Skilled Workers

Jackson Lewis P.C. on

Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The “Strengthening Wage Protections...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Davis Wright Tremaine LLP

DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again have thwarted the Trump Administration's efforts to change H-1B rules and to increase the required wages that U.S. employers must pay to foreign workers. On December 1 and 3, 2020, a federal court order in...more

Proskauer Rose LLP

If You Want an H-1, H1B1 or E3 Worker, Or to Sponsor an Applicant for a Green Card it Might Cost You More: New DOL Regulation

Proskauer Rose LLP on

With virtually no warning and effective immediately upon publication, as of October 8, 2020, the Department of Labor promulgated a regulation which, in effect, dramatically increases the wage that must be offered by any...more

Morgan Lewis

US DOL Rule Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more

Seyfarth Shaw LLP

Visa Obligations & COVID-19 Changes in Working Conditions

Seyfarth Shaw LLP on

Seyfarth Blog Synopsis: In today’s posting we discuss the impact that COVID-19 related changes in working conditions, furloughs and layoffs have on  businesses with employees currently working on H-1B, H-1B1 or E-3 work...more

Morgan Lewis

H-1B Workers – Unpaid, Nonproductive Time and Terminations During the COVID-19 Crisis: An FAQ for Employers

Morgan Lewis on

Here are some frequently asked questions to help employers understand the legal ramifications of furloughs and terminations of H-1B workers in light of the coronavirus (COVID-19) outbreak....more

Littler

DOL Issues Guidance on Complying with the H-1B LCA Posting Requirement Electronically

Littler on

Citing a rise in the use of electronic communications in the workplace and an increase in the number of employers providing documents to employees electronically, the U.S. Department of Labor’s Wage and Hour Division issued a...more

Holland & Knight LLP

Government Shutdown Creates Issues of Concern for H-1B Employees of Government Contractors

Holland & Knight LLP on

As the government shutdown potentially moves into a second month, many government contractors who are not receiving payment from the Federal Government may soon encounter the issue of what to do with employees they can no...more

Jackson Lewis P.C.

2019: The Year Ahead For Employers

Jackson Lewis P.C. on

Labor and employment law saw a flurry of activity in 2018 as the Trump Administration’s deregulation and pro-business policies took effect across the country. State and local governments responded in a variety of ways to ...more

Littler

Joint Employment, Wage and Hour Changes are on the Regulatory Horizon

Littler on

Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more

Jackson Lewis P.C.

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

Jackson Lewis P.C. on

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the...more

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

AAO Guidance Clarifies That Worker Mobility May Come at a Cost

In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide