News & Analysis as of

H-1B

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Warner Norcross + Judd

Department of State Significantly Limits Visa Interview Waivers

On July 25, the U.S. Department of State announced a sweeping rollback of the nonimmigrant visa interview waiver program — often called the “drop box” system. Under the drop box system, many applicants for nonimmigrant visas...more

Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

Seyfarth Shaw LLP on

In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Mintz - Immigration Viewpoints

USCIS Announces FY2026 H-1B Cap Reached: No Second Lottery to Be Conducted

On July 18, 2025, US Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to reach the congressionally mandated cap of 85,000 new H-1B filings for Fiscal Year 2026 (FY2026). As a...more

Cozen O'Connor

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

Cozen O'Connor on

On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to...more

Baker Donelson

USCIS Completes H-1B Cap Lottery for Fiscal Year 2026

Baker Donelson on

On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced enough petitions have been received and the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree...more

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

Cozen O'Connor

USCIS Notifies all Potential Petitioners of Beneficiaries Selected in the H-1B CAP Lottery for FY26

Cozen O'Connor on

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap,...more

Gibney Anthony & Flaherty, LLP

USCIS Reached the Fiscal Year 2026 H-1B Cap

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2026 H-1B cap. On July 18, 2025, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular...more

Herbert Smith Freehills Kramer

USCIS Announces That FY26 H-1B Cap Has Been Met

On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that they received enough H-1B petitions to reach the congressionally mandated fiscal year (FY) 2026 H-1B cap of 85,000, including the master’s...more

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

FY 2026 H-1B Cap Filing Period Has Now Closed - What’s Next?

After U.S. Citizenship and Immigration Services (USCIS) website users reported a high number of technical issues on June 30, 2025, when attempting to file H-1B cap-subject petitions through USCIS’s online platform, USCIS...more

Buchalter

Navigating Job Loss on a Work Visa: Options for Foreign Workers Facing Termination in the U.S.

Buchalter on

Understand the 60-Day Grace Period - The 60-day grace period for H-1B visa holders begins on the last day worked, not the final day of severance pay. USCIS does not consider paid, non-working time as maintaining valid H-1B...more

Ballard Spahr LLP

Department of Labor Creates Temporary Office of Immigration Policy

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The U.S. Department of Labor (DOL) recently confirmed the establishment of a temporary Office of Immigration Policy, aimed at enhancing how DOL administers employment‑based immigration programs....more

Alston & Bird

DOJ’s Whistleblower Financial Incentive Escalates Risk for Employers

Alston & Bird on

Our Immigration Team inspects how the Department of Justice (DOJ) is using its new whistleblower incentives to prioritize investigating employers’ potential criminal immigration activity....more

Benesch

How to Prepare for Unannounced Administrative Site Visits

Benesch on

As part of ongoing efforts to ensure the integrity of the immigration benefit process, the Fraud Detection and National Security Directorate (FDNS) operates an Administrative Site Visit and Verification Program (ASVVP). ...more

Seyfarth Shaw LLP

Venezuela TPS: USCIS Confirms Termination of 2023 Designation – But Some Work Permits Still Valid

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Late Friday evening, June 6, 2025 – right after we posted TPS Twist: Court Halts DHS Action on Certain Venezuelan Work Authorization-For Now – U.S. Citizenship and Immigration Services (USCIS) updated its website with a...more

Cooley LLP

What Foreign Founders Need to Know About US Visas and Corporate Structure

Cooley LLP on

Many of our startup clients are founded by foreign-born entrepreneurs who launched their companies while on a visa in the US. A recent study found that more than half of unicorns in the US were founded by immigrants. If you...more

Jackson Lewis P.C.

State Department Halts New Student Visa Interviews, Expands Social Media Vetting

Jackson Lewis P.C. on

The U.S. Department of State (DOS) has temporarily paused the scheduling of new visa interviews for international students and exchange visitors applying for F, M and J visas. This directive, effective May 27, 2025, is part...more

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

H-1B Registration Numbers for FY 2026 H-1B Cap Reveal an Increase in Selection Rate

U.S. Citizenship and Immigration Services (USCIS) has released the selection numbers for the fiscal year (FY) 2026 H-1B cap, revealing a selection rate of approximately 35 percent compared to 29 percent in FY 2025....more

Mayer Brown

New Targets, New Tactics: DOJ Whistleblower Program Focuses on Immigration Enforcement

Mayer Brown on

A new US Department of Justice (DOJ) policy, outlined in a memorandum titled “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime,” signals increased scrutiny and an expanded enforcement focus of potential...more

Morgan Lewis

US Department of State Releases June 2025 Visa Bulletin

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in June 2025. The Final Action Dates chart shows slight advancement across the...more

Jackson Lewis P.C.

H-1B Lottery Registrations Decline to Four-Year Low

Jackson Lewis P.C. on

For the second consecutive year, there has been a decline in H-1B lottery registrations according to data published by U.S. Citizenship and Immigration Services (USCIS): • Employers submitted approximately 344,000...more

Warner Norcross + Judd

From TPS to FDNS: Key Immigration Action Impacting Employers

Warner Norcross + Judd on

As federal immigration policy continues to shift, employers must remain attentive to developments that affect global talent management, work authorization and petition-based compliance. This eAlert highlights critical updates...more

Gibney Anthony & Flaherty, LLP

Immigration By the Numbers: Key Stats on FY2026 H-1B Cap Lottery and Next Steps

With the first round of the H-1B cap lottery completed in late March, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap registrations and selections. USCIS...more

Holland & Hart LLP

Are You Ready for a Surprise Visit from USCIS? How to Prepare for an Administrative Site Visit

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U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security Directorate (FDNS), regularly conducts unannounced site visits to employers who sponsor foreign workers. If your...more

Gibney Anthony & Flaherty, LLP

June 2025 Visa Bulletin Released: Continued Slow Progression in Many Categories May Impact Employers

The Department of State released the June 2025 Visa Bulletin and USCIS has confirmed they will accept the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes...more

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