News & Analysis as of

H-1B Wage and Hour Trump Administration

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

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

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

Beltway Buzz - April 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....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

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

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

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

Shipman & Goodwin LLP on

As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...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

Whiteford

Employment Law Update: Immigration Challenges Await Employers In 2025

Whiteford on

Immigration policy, in one form or another, touches virtually every business in the United States. All employers are subject to the requirements of the 1986 Immigration Reform and Control Act, which established the I-9...more

Amundsen Davis LLC

How Will the Trump Administration Impact Your Business?

Amundsen Davis LLC on

The election results are in and many are wondering what to expect for business employment immigration. The news is full of stories about mass deportations, but scant on information about those legally in the U.S. working in...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

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

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...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

Constangy, Brooks, Smith & Prophete, LLP

What Employers Can Expect From The Biden Administration, Part 2

Predictions from our attorneys in the practice areas that affect employers. NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more

Butler Snow LLP

Third Judge Rules Against DOL’s H-1B Visa Wage Increases

Butler Snow LLP on

The third ruling against the Trump administration’s H-1B wage rule is in, and once again, the policy that would raise required salaries for foreign workers on high-skilled visas has been struck down. Purdue University, et...more

Butler Snow LLP

Second Injunction Issued on H-1B Rule Changes as DOL Releases Plan to Address Wage Level Issues

Butler Snow LLP on

Another court has issued an injunction against the enforcement of the Trump administration’s H-1B policies that would raise minimum salary requirements for foreign professionals. In a legal challenge from various technology...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Invalidates Trump Administration Rules on H-1B visas and Employment-Based Green Cards

Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...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

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

Fisher Phillips on

In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Gibney Anthony & Flaherty, LLP

Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers

A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain...more

Miller Canfield

U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

Miller Canfield on

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...more

Jackson Lewis P.C.

Judge Strikes Down Administration Rules Restricting Employers’ Use Of Visas

Jackson Lewis P.C. on

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more

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