News & Analysis as of

H-1B F-1 Visa

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 -
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

Fisher Phillips

Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

Fisher Phillips on

You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more

Gibney Anthony & Flaherty, LLP

[Webinar] H-1B Cap Alternatives: Visa Options for Employers to Consider - April 24th, 12:00 pm ET

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more

Cozen O'Connor

Entering the United States as a Foreign National? Here Is What You Need to Know

Cozen O'Connor on

OVERVIEW- •The goal of this alert is to provide general information regarding entry into the United States as well as applicable information for various employment-based visa categories. •Given the current climate in the...more

Jackson Lewis P.C.

What’s Changing to H-1B Cap Gap for F-1 Students?

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more

Akerman LLP - HR Defense

Preparing for the FY 2026 H-1B Cap Season

USCIS has announced that registration for this year’s H-1B visa lottery will take place between noon (ET) on March 7, 2025, and noon (ET) on March 24, 2025. With adjustments to fees, the selection process, and filing methods,...more

Davis Wright Tremaine LLP

H-1B Cap Lottery Season Commences on March 7, 2025

Employers seeking to hire foreign professionals in H-1B status need to prepare for the registration process. The annual lottery season commences in early March, and the short filing period lasts little more than two weeks....more

Husch Blackwell LLP

Considerations for International Travel for Visa Holders

Husch Blackwell LLP on

As the second Trump administration takes office, we offer the following considerations for visa holders (F-1, H-1B, L-1, E-2, TN, and others) who are seeking to travel internationally....more

CDF Labor Law LLP

The H-1B Lottery in Times of Change

CDF Labor Law LLP on

In their few weeks in power, the incoming administration made many changes to immigration policy. One thing that has not changed is the H-1B lottery. On Wednesday, USCIS announced the dates for submission and processing for...more

Lippes Mathias LLP

Immigration Options for Religious Workers

Lippes Mathias LLP on

In the past few years, it has become difficult to prepare immigration strategies for religious workers due to the length of time it takes for religious worker green cards to be approved. The delay is new and does not make a...more

Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...more

ArentFox Schiff

Employers: Choose H-1B Lottery Entries Wisely Amid Trump-Era Uncertainties

ArentFox Schiff on

It is that time of year again when employers have to decide who they are sponsoring for an H-1B visa....more

Holland & Knight LLP

Positive Changes for Business Immigration: The H-1B Modernization Rule

Holland & Knight LLP on

The U.S. Department of Homeland Security (DHS) recently announced a final rule (Rule) that modernizes the H-1B program. The H-1B non-immigrant program is utilized by U.S. employers to employ professional foreign workers in...more

Tarter Krinsky & Drogin LLP

H-1B Cap Pre-Registration Period Begins in March 2025 with Increased Processing Fees

This year’s H-1B Pre-Registration Filing Period is expected to run from early to mid-March 2025. U.S. Citizenship and Immigration Services (USCIS) will announce the registration dates in the coming weeks. One significant...more

Amundsen Davis LLC

H-1B Modernization Rule Finalized

Amundsen Davis LLC on

The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides...more

Mintz - Immigration Viewpoints

Nonimmigrant Travel to the US: Understanding Travel & Status Documents

There are typically four key documents relating to nonimmigrant (i.e., temporary) travel to and authorized stay in the United States. It is important to understand what these documents are, what purpose they serve, and how...more

Mintz - Immigration Viewpoints

US Department of Homeland Security Publishes H-1B Modernization Rule

On December 18, 2024, the Biden administration’s Department of Homeland Security published its final rule to overhaul several aspects of the H-1B visa program. This final rule, which takes effect 30 days after publication, is...more

Alston & Bird

The New H-1B Rule Published Wednesday Aims to Modernize the H-1B Visa Program

Alston & Bird on

Our Immigration Team breaks down the many changes U.S. Citizenship and Immigration Services (USCIS) is implementing for the H-1B and F-1 visa programs just ahead of a change in Administrations....more

Constangy, Brooks, Smith & Prophete, LLP

DHS issues Final Rule modernizing H-1B program

The U.S. Department of Homeland Security issued its H-1B modernization Final Rule this Wednesday. The rule is intended to improve the H-1B program by providing clarifications to make the program more efficient, improving the...more

Jackson Lewis P.C.

USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers

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On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden...more

Holland & Hart - Employers' Lawyers

DHS Finalizes H-1B Modernization Rule Effective January 17, 2025

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in...more

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more

Akerman LLP - HR Defense

The Time for Certain Foreign National Workers to Stop Traveling Abroad is NOW, Not After the Inauguration

Akerman LLP - HR Defense on

One of the simplest but most important steps that employers should take to minimize the workforce disruptions associated with the upcoming change in presidential administrations is to avoid international travel by certain...more

Gibney Anthony & Flaherty, LLP

[Webinar] Business Immigration Need to Know: Outlook for 2025 - December 10th, 12:00 pm ET

Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive,...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

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