News & Analysis as of

Comment Period H-1B United States Citizenship and Immigration Services

Seyfarth Shaw LLP

H-1B Visa Rule Moves Closer to Release: Wage-Based Selection Likely

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The Trump administration is one step closer to unveiling a major change in how H-1B visas are allocated. On August 8, the White House’s Office of Information and Regulatory Affairs (OIRA) signed off on a proposed rule that...more

Akerman LLP - HR Defense

A Modern Approach: USCIS Proposes to Update the H-1B Program

Akerman LLP - HR Defense on

USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Gibney Anthony & Flaherty, LLP

DHS Proposes to Amend H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (NPRM) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Fisher Phillips

Immigration Officials Unveil Sweeping Proposed Changes to H-1B Visa Process: What Employers Need to Do to Prepare

Fisher Phillips on

Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS proposes fee increases, work-related petitions hit hardest

The U.S. Citizenship and Immigration Services has issued a Notice of Proposed Rulemaking with fee increases for immigration filings. Under the proposed rule, the most dramatic increases would apply to employment-based...more

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

Beltway Buzz - October 2020 #5

Election 2020: Patience Required. Voting in the 2020 elections wraps up in just four days, on November 3, 2020. However, due to many tight races and the unprecedented volume of mail-in ballots (and states’ differing rules on...more

Dentons

H-1B and Employment Immigration Processes Under Attack

Dentons on

In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

Constangy, Brooks, Smith & Prophete, LLP

New Rules Will Make It Harder To Get H-1B Petitions Approved, Significantly Raise Required Wages For H-1Bs And Green Cards

Thursday, the Trump Administration published in the Federal Register two new Interim Final Rules designed to reduce significantly the number of H-1B workers in the United States. They are- •A rule from the U.S. Department...more

Harris Beach Murtha PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

Harris Beach Murtha PLLC on

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Miles & Stockbridge P.C.

DHS Proposes $10 Fee for New H-1B Cap Registration System

On September 3, 2019, U.S. Citizenship and Immigration Services (USCIS) announced a notice of proposed rulemaking that would require employers seeking to file H-1B cap subject petitions to pay a $10 fee for each electronic...more

Burr & Forman

DHS Proposes Major Lottery Changes Ahead Of H-1B Filing Season

Burr & Forman on

Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more

Dentons

Season's Greetings! H-1B Season That Is

Dentons on

It’s the time of year when we stop to ponder some of life’s many mysteries. If you are an immigration lawyer or an employer who can’t find enough professional workers, one of those mysteries is why the federal government...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New H-1B Prefiling Registration System and Changes to H-1B Lottery

• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period. • DHS proposes to use a computer-generated process to select a...more

Constangy, Brooks, Smith & Prophete, LLP

Pre-Registration System For H-1B Cap Filings Is Proposed By USCIS

For many years, on the first business day of April, 200,000 or more H-1B cap petitions were filed with U.S. Citizenship and Immigration Services for approximately 85,000 available spots. H-1B petitions for individuals with...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

Williams Mullen

DHS Proposal Could Drastically Change H-1B Cap Filing Seasons

Williams Mullen on

The Department of Homeland Security (“DHS”) announced a Notice of Proposed Rulemaking (“Notice”) on Friday that would require companies seeking first-time H-1B approvals subject to the statutory cap or lottery (also known as...more

Polsinelli

USCIS Announces Proposed Rule for H-1B Pre-Registration - Fundamental Changes to H-1B Lottery System Expected

Polsinelli on

On November 30, 2018, the United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) announced a notice of proposed rulemaking in the Federal Register entitled “Registration...more

Herbert Smith Freehills Kramer

USCIS to Implement a Registration System for H-1B Cap Filings and Other Developments

USCIS to Implement a Registration System for H-1B Cap Filings On Monday, Dec. 3, U.S. Citizenship and Immigration Services (USCIS) issued a proposed regulatory rule to establish an electronic registration program for...more

Miles & Stockbridge P.C.

USCIS Proposes New System for Filing Cap-Subject H-1B Petitions

The Department of Homeland Security (DHS) published today in the Federal Register a notice of proposed rulemaking that would change how employers file cap-subject H-1B petitions and how USCIS conducts the H-1B lottery...more

Faegre Drinker Biddle & Reath LLP

USCIS Proposes Pre-Registration Process for H-1B Cap Cases

On December 3, 2018, United States Citizenship and Immigration Services (USCIS) issued a proposed rule, requiring employers seeking to file H-1B cap petitions (including under the U.S. master’s degree exemption and the...more

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

DHS Releases Ambitious 2018 Regulatory Agenda

The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more

Mintz - Immigration Viewpoints

DHS Proposes New Rule for Increased Job Flexibility: Part 1

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend...more

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