News & Analysis as of

Highly-Skilled Workers Visa Immigration Procedures Department of Labor (DOL)

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

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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

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

Seyfarth Shaw LLP on

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

BakerHostetler

New Green Card Path for High-Achieving Employees

BakerHostetler on

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more

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

USCIS Schedule Update: Faster Green Card Sponsorship for ‘Sciences or Arts’ High Achievers?

In connection with the current administration’s push to retain STEM talent, on April 10, 2024, U.S. Citizenship and Immigration Services announced that it has updated its definition for “Schedule A, Group II” occupations. ...more

Gibney Anthony & Flaherty, LLP

U.S. Department of Labor to Consider Adding STEM Jobs to Streamlined Green Card Petitions

The U.S. Department of Labor (DOL) will solicit public input on expanding its list of Schedule A occupations eligible for streamlined immigration processing to include designated jobs in Science, Technology, Engineering, and...more

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

Beltway Buzz - April 2021

Administration Debuts Infrastructure Package. Just weeks after enacting the $1.9 trillion American Rescue Plan Act, the Biden administration this week unveiled the American Jobs Plan - its $2.3 trillion infrastructure...more

Fisher Phillips

February 2021: The Top 17 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

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

USCIS Rescinds Controversial Guidance on H-1B Classification for Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded a policy memorandum that, while in place, had negated long-standing agency guidance for the adjudication of H-1B petitions in computer...more

Mintz - Immigration Viewpoints

USCIS Announces H-1B Registration Period for March 2021 H-1B Cap

On Friday, February 5, 2021, US Citizenship and Immigration Services (USCIS) announced that the online registration period for H-1B quota selection for Fiscal Year 2022 will begin on March 9 at 12:00 pm (noon) eastern...more

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

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After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more

Womble Bond Dickinson

Judge Rules Against Another Attempt by Trump to Restrict Legal Immigration

Womble Bond Dickinson on

The courts dealt another blow to the Trump administration's continued efforts to restrict immigration this week, providing relief for companies looking to fill and retain critical positions with foreign talent. On Tuesday,...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

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Williams Mullen

H-1B DHS and DOL Interim Final Rules Invalidated by Federal District Judge

Williams Mullen on

In October, the Department of Labor (DOL) and the Department of Homeland Security (DHS) issued two interim final rules that would negatively, and significantly, impact how H-1B nonimmigrant “specialty occupation” visa...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Epstein Becker & Green

November 2020 Immigration Alert

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Lawsuits Filed in California and DC Federal Courts Challenge New DOL and USCIS H-1B Regulations - In October 2020, the U.S. Department of Labor (“DOL”) and U.S. Citizenship and Immigration Services (“USCIS”) each published...more

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

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations...more

Mintz - Immigration Viewpoints

New DHS Proposed Regulations will Revise the H-1B Cap Lottery

On Monday, November 2, the Department of Homeland Security (DHS) published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. The rule would replace the random lottery selection...more

Miles & Stockbridge P.C.

DHS and DOL Publish Restrictive New Rules for H-1B and Other Visa Programs

Miles & Stockbridge P.C. on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) published new regulations that could dramatically tighten the eligibility requirements for H-1B visa petitions and...more

Epstein Becker & Green

October 2020 Immigration Alert

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USCIS and DOL Will Implement Changes to H-1B Regulations That Will Likely Be Subject to Legal Challenge - On September 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) submitted an interim final rule (“IFR”)...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

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