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Proposed Rulemaking on H-1B Modernization

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

USCIS Reaches the H-1B Advanced Degree Cap for FY2020, Conducts Lottery

Seyfarth Synopsis: USCIS confirms FY 2020 H-1B petition selection is complete. On April 10, 2019, United States Citizenship & Immigration Services (USCIS) received sufficient H-1B petitions to meet the 20,000 H-1B visa...more

FY 2020 Cap Reached

On April 5, 2019, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet the regular H-1B quota (or "cap") for Fiscal Year 2020, which begins on October 1, 2019....more

USCIS Suspends Premium Processing For Cap-Subject H-1B Petitions Beginning April 2, 2018

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2019 cap beginning on April 2, 2018. ...more

Premium Processing Resumes for All H-1B Petitions

Seyfarth Synopsis: On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for all H-1B petitions....more

Premium Processing Resumes for Cap-Exempt H-1B Employers

Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately....more

H-1B Quota Reached

Seyfarth Synopsis: USCIS announced today that it has reached the FY 2018 H-1B Cap. On April 7, 2017, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet...more

USCIS Suspends H-1B Premium Processing Beginning April 3, 2017

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more

USCIS Receives More Than 236,000 H-1B Cap Petitions and Completes Lottery Process

Seyfarth Synopsis: USCIS completes the lottery process and receives more than 236,000 H-1B cap petitions. On April 12, 2016, United States Citizenship and Immigration Services (USCIS) announced that it received more...more

4/15/2016  /  H-1B , Popular , USCIS , Visa Caps

H-1B Quota Reached

Seyfarth Synopsis in a Second: USCIS announced that the Fiscal Year 2017 H-1B quota has been reached. On April 7, 2016, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B...more

4/11/2016  /  H-1B , USCIS , Visa Caps

H-1B Work Permit Filings: Will You Beat the Cap?

This Management Alert is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2017. We recommend that employers identify any...more

DHS Sends New STEM OPT Rule to OMB For Review

The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more

District Court Vacates F-1 STEM OPT Rule and Provides DHS With Six Months to Cure Defect

On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more

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