News & Analysis as of

H-1B Waivers US Department of State

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 -
Constangy, Brooks, Smith & Prophete, LLP

Interview waiver, dropbox shortcuts for nonimmigrant visa applicants are going away

On July 25, the U.S. Department of State announced that, effective September 2, most nonimmigrant visa applicants will no longer qualify for a visa interview waiver. Additionally, India’s popular dropbox “appointments,” which...more

Miles & Stockbridge P.C.

A New Opportunity for J-1 Clinical Waivers in the Southeastern United States

Miles & Stockbridge P.C. on

Earlier this year, the Southeast Crescent Regional Commission (SCRC), a federal-state partnership to alleviate economic and poverty issues, opened a J-1 waiver program, accepting applications for physicians of all medical...more

Miles & Stockbridge P.C.

J-1 Clinical Service Waiver for Foreign Medical Graduates

J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more

Constangy, Brooks, Smith & Prophete, LLP

State Department Issues Guidance On National Interest Waivers

The U.S. Department of State has issued some preliminary guidance on the application of the national interest waiver to foreign nationals from countries that are subject to a COVID-19-related travel ban. Since late...more

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

An Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas

Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help...more

Epstein Becker & Green

August 2015 Immigration Alert

Epstein Becker & Green on

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

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