DHS and DOL Make Key Changes to the H-1B Program and Permanent Labor Certifications and Labor Condition Applications

Earlier this month the Department of Homeland Security (DHS) and Department of Labor (DOL) published two interim final rules that make key changes to the H-1B visa program and permanent labor condition and labor condition application process. The rules, “Strengthening the H-1B Nonimmigrant Visa Classification Program” and “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”, were both published on October 8, 2020.

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Don’t Try This at Home: 5 Reasons Why Foreign Nationals Shouldn’t File E-3 Visa Applications On Their Own

The E-3 is a nonimmigrant visa that allows Australian citizens to temporarily come to the US to work for a US employer in a professional capacity. To qualify for this visa, Australian foreign nationals must have a legitimate offer of employment in the US with a salary that complies with Department of Labor requirements, fill a position that qualifies as a specialty occupation (i.e., a professional job that requires a bachelor’s degree or higher in a specific field of study), and hold at least a bachelor’s degree (or the equivalent work experience) in a field related to the position.

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