News & Analysis as of

Department of Labor (DOL) Visa Caps

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

H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers

On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025. ...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Holland & Knight LLP

Preparing for the Upcoming H-1B Cap Lottery Season

Holland & Knight LLP on

The annual H-1B cap lottery registration process will begin on March 7, 2025, and run through March 24, 2025. At the close of the registration period, U.S. Citizenship and Immigration Services (USCIS) will select...more

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

Legal News Unwrapped? The Most Watched Employment Law Developments of 2024

It’s that time of year when apps and services unveil their highly anticipated top-5 lists. It’s a phenomenon we can’t seem to get enough of, as these viral posts offer intriguing insights into the trends we’ve embraced...more

Harris Beach Murtha PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Harris Beach Murtha PLLC

A Deep Dive into the October (“Winter”) H-2B Applications for FY 2025

On July 9, 2024, the U.S. Department of Labor (“DOL”) published the list of randomized H-2B applications that were submitted between the filing window of July 3-5, 2024. The 2,158 applications submitted in this filing window...more

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

Beltway Buzz - March 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Harris Beach Murtha PLLC

Randomized H-2B Group Assignments Sent to Employers Seeking to Hire Temporary Workers

The U.S. Department of Labor recently distributed randomized H-2B group assignments. In the past, there have been a sufficient number of visas reserved for Group A to meet the initial visa cap of 33,000. Group A and Group B...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

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

Supplemental H-2B Cap for Returning Workers Reached for Early Second Half of Fiscal Year 2023

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year (FY) 2023. As part...more

Amundsen Davis LLC

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

Amundsen Davis LLC on

The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that...more

Gibney Anthony & Flaherty, LLP

Immigrant Visa Availability in FY 2023 and the October 2022 Visa Bulletin

October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the...more

Harris Beach Murtha PLLC

Foreign Labor Options: What Every Struggling Seasonal Business Needs to Know about H-2A, H-2B and Green Cards

It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more

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

DOL: Fiscal Year 2022 H-2B Updates

The H-2B program is available to employers that can demonstrate a temporary need to supplement their staffs based on a one-time, seasonal, intermittent, or peak-load need basis. The program is generally used by employers with...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Tarter Krinsky & Drogin LLP

H-1B Cap Season Is Imminent - What You Should Know This Year

With the new Biden administration at the helm, we note that the H-1B final midnight regulations promulgated Friday, January 15, 2021, by the former administration have been rescinded. Those regulations, which set up a...more

Tonkon Torp LLP

DOL Publishes Final Rule Impacting Prevailing Wages

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The U.S. Department of Labor (DOL) published a final rule to incorporate changes to the computation of prevailing wage levels for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

McCarter & English, LLP

Trump Administration Loses Another Immigration Federal Challenge

As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more

Epstein Becker & Green

November 2020 Immigration Alert

Epstein Becker & Green on

Lawsuits Filed in California and DC Federal Courts Challenge New DOL and USCIS H-1B Regulations - In October 2020, the U.S. Department of Labor (“DOL”) and U.S. Citizenship and Immigration Services (“USCIS”) each published...more

Mintz - Immigration Viewpoints

New DHS Proposed Regulations will Revise the H-1B Cap Lottery

On Monday, November 2, the Department of Homeland Security (DHS) published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. The rule would replace the random lottery selection...more

Epstein Becker & Green

October 2020 Immigration Alert

Epstein Becker & Green on

USCIS and DOL Will Implement Changes to H-1B Regulations That Will Likely Be Subject to Legal Challenge - On September 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) submitted an interim final rule (“IFR”)...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epstein Becker & Green

October 2019 Immigration Alert

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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

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