News & Analysis as of

Department of Homeland Security (DHS) Proposed Rules H-1B

Constangy, Brooks, Smith & Prophete, LLP

Proposed rule on H-1B cap selection process should be coming soon

The U.S. Department of Homeland Security has sent for review a proposed rule (Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions) regarding the H-1B lottery selection...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Harris Beach Murtha PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

Harris Beach Murtha PLLC on

The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...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

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

DHS Issues Proposed Rule to Modernize H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) to amend its current regulations to modernize the H-1B visa program. DHS will accept public comments until...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Cozen O'Connor

USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees

Cozen O'Connor on

OVERVIEW- •On January 3, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) to adjust certain benefit request fees that haven’t changed since 2016. •Fee changes could dramatically increase both L-1 and H-1B...more

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

Beltway Buzz - August 2022 #4

DACA Regulations Finalized. On August 24, 2022, the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) released a final rule to codify the Deferred Action for Childhood Arrivals...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

Fisher Phillips

Proposed Rule Would Bring Drastic Changes To H-1B Cap Process By Basing Selections On Highest Salary

Fisher Phillips on

The Department of Homeland Security recently proposed changes to the H-1B Cap system that would significantly impact the existing process. The proposed rule, entitled “Modification of Registration Requirement for Petitioners...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

Foley & Lardner LLP

DHS Moves Closer to Launching its H-1B Cap Registration System

Foley & Lardner LLP on

The Department of Homeland Security recently moved closer to launching its new electronic registration system for allocating the H-1B cap, which is the annual limit on certain types of new H-1B cases. DHS often receives more...more

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

DHS Proposes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B...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

Miles & Stockbridge P.C.

Getting Ready for the FY2020 H-1B Season

Miles & Stockbridge P.C. on

As 2018 draws to a close and much of the world is celebrating the holiday season, the immigration world is preparing to enter another H-1B lottery season. For an overview of the H-1B program and H-1B lottery, please see our...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips on

The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...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

Bracewell LLP

Proposed Changes in the H-1B Cap-Subject Filing Process

Bracewell LLP on

For years now employers have been confronted with severe limitations on visa numbers for new H-1B petitions. Historically, USCIS receives more than enough petitions to reach the congressionally mandated H-1B cap. Therefore,...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New Public Charge Rule

• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on “public charge” determination. This will affect the processing of...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

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