News & Analysis as of

Employment Authorization Documents (EAD) H-1B OPT

Herbert Smith Freehills Kramer

U.S. Citizenship and Immigration Services Announces FY 2026 H-1B Cap Registration Period

U.S. Citizenship and Immigration Services Announces FY 2026 H-1B Cap Registration Period U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal...more

Ballard Spahr LLP

Navigating the H-1B Cap Season for FY 2026

Ballard Spahr LLP on

As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

Fisher Phillips on

Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

ArentFox Schiff

Time for Employers to Decide Who They Are Sponsoring for H-1B’s - Update

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. What to Know - - The lottery registration period will be from noon EST on March 1, 2022 to noon EST on March 18, 2022,...more

Burr & Forman

So Your Employee Wasn’t Selected in the H-1B Lottery… Now What?

Burr & Forman on

On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process.  Beginning April 1st, those selected were eligible to start filing.  But what if your employee was not selected? ...more

Williams Mullen

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

Williams Mullen on

U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery.  By way of background, the H-1B visa program allows companies in the United...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Dorsey & Whitney LLP

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when...

Dorsey & Whitney LLP on

Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and...more

Carlton Fields

Employers Must Plan Ahead to Mitigate H-1B Visa Processing Delays

Carlton Fields on

The Trump Administration has passed no new immigration legislation or regulation. However, the administration’s stated focus on protecting the American worker, as articulated in its 2017 Buy American and Hire American...more

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

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

Herbert Smith Freehills Kramer

Extending Work Authorization for Recent Graduate Working on OPT

Many of you are planning on filing Fiscal Year (FY) 2018 H-1B cap cases for recent graduates working for you on a post-degree completion Optional Practical Training (OPT) Employment Authorization Document (EAD). Those...more

Mintz

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

Mintz on

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility valid to April 1, 2017 or later, and an H-1B filing on your behalf has been...more

Moore & Van Allen PLLC

U.S. Immigration & The Trump Administration

Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Carlton Fields

What will U.S. Business Immigration Look Like Under A Trump Administration?

Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Herbert Smith Freehills Kramer

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....more

Mintz

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization...

Mintz on

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B change of status filing on your behalf has been accepted by US...more

Dentons

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

Dentons on

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

Clark Hill PLC

DHS Releases Published F-1 Visa STEM OPT Regulation

Clark Hill PLC on

On March 11, 2016, the US Department of Homeland Security (DHS) published the final regulation for F-1 nonimmigrant students on optional practical training (OPT) with degrees in science, technology, engineering, or...more

Baker Donelson

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

Baker Donelson on

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

Littler

DHS Issues STEM OPT Final Rule

Littler on

The U.S. Department of Homeland Security ("DHS") recently issued its long-awaited F–1 nonimmigrant student visa regulations on optional practical training (“OPT”) for certain students with degrees in science, technology,...more

Mintz - Immigration Viewpoints

A Preview of Business Immigration in 2016: H-4 EAD Reforms (Part 4/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Hinshaw & Culbertson LLP

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Hinshaw & Culbertson LLP on

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

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