Updates on important legal developments as they occur.
This is the first installment of a multi-part series
discussing alternatives to the traditional “cap-subject” H-1B. We begin by
exploring cap-exempt and concurrent H-1Bs, which can be granted even to
“regular employers” without participating in the lottery.
Each year, employers compete in a lottery to secure coveted H-1B visas for their foreign employees. The H-1B visa allows foreign nationals to enter the United States to perform temporary work in a “specialty occupation” in numerous industries, such as technology, healthcare, professional services, education, and more. H-1B employees can work initially for three years, can extend H-1B status up to six years, and can often be sponsored by employers for legal permanent residence in the future.
On January 5, 2023, the Federal Trade Commission (FTC) announced a new rulemaking proposal which could put an end to employment noncompete agreements, a tool the FTC considers an unfair restraint of trade