The Department of Homeland Security (DHS) will implement the H-1B and H-2 final rules along with a revised Form I-129 (edition date 01/17/25) starting January 17, 2025. The updated rules modernize the H-1B visa program by streamlining processes, increasing flexibility for employers, and enhancing oversight. The H-2 rule strengthens worker protections and...
Category: H-1B Visa
ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in...
Game-Changing Updates to H-1B and EAD Rules Set to Reshape Immigration Policies
The U.S. Department of Homeland Security (DHS) recently issued two critical final rules that promise to transform key aspects of the H-1B visa program and Employment Authorization Documents (EADs). These updates, effective mid-January 2025, aim to modernize immigration pathways, enhance program integrity, and provide much-needed flexibility for employers and foreign workers alike.
ABC’s OF H-1Bs (THIS IS PART 2 OF AN 7 PART SERIES). HOW MUCH DO PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE FEDERALLY MANDATED PREVAILING WAGE IS SO IMPORTANT.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which...
Trump Calls H-1B Visa Program ‘Great’ Amid MAGA Debate on Skilled Immigration
President-elect Donald Trump expressed strong support for the H-1B visa program, describing it as "great" and acknowledging its importance for U.S. businesses. This comes amidst a heated MAGA debate over the program, which allows employers to hire highly skilled foreign workers. Allies like Elon Musk and Vivek Ramaswamy defended the program, emphasizing...
The Biggest Changes Under the New H-1B Modernization Rules
The U.S. Citizenship and Immigration Services (USCIS) recently finalized updates to the H-1B visa program, marking some of the most significant changes in years. These changes, effective January 17, 2025, aim to address longstanding issues such as fraud prevention, process inefficiencies, and regulatory clarity for employers and foreign workers. Below, we break...
ABC’s OF H-1Bs (THIS IS PART 1 OF AN 7 PART SERIES) H-1B FILING SEASON GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES.
U.S. Citizenship and Immigration Services (USCIS) requires employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $215.00 H-1B registration fee before filing a petition. USCIS will open an initial registration period for a minimum of 14 calendar days...
DHS Final Rule Modernizes H-1B Program: Flexibility, Efficiency, and Integrity Enhanced
The Department of Homeland Security (DHS) has announced a final rule that modernizes the H-1B visa program, effective January 17, 2025. The changes aim to streamline the approval process, enhance flexibility for employers and workers, and bolster the integrity of the program through improved oversight.
What is...
Immigration Lessons from Hollywood: What “The Proposal” Teaches Employers
Romantic comedies often take creative liberties, but beneath the humor and drama, movies like The Proposal highlight real-life challenges of immigration compliance. In the film, Margaret Tate, a Canadian executive played by Sandra Bullock, faces deportation and orchestrates a fake engagement with her assistant, Andrew (Ryan Reynolds), to maintain her U.S. residency. While the...
Navigating Immigration Challenges in Higher Education: Preparing for the Future
Immigration remains a critical issue in the United States, particularly within the realm of higher education. As colleges and universities strive to attract and retain top talent from around the world, the landscape of immigration laws and policies plays an essential role in shaping their ability to do so. With the upcoming...