News & Analysis as of

H-1B F-1 Visa Corporate Counsel

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 -
Mintz - Immigration Viewpoints

State Department Eliminating Majority of Nonimmigrant Visa Interview Waivers Beginning September 2

On July 25, 2025, the US State Department announced that US embassies will greatly reduce eligibility for the nonimmigrant visa interview waiver program beginning on September 2, 2025. In addition, the State Department will...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

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Holland & Knight LLP

Not Selected in the H-1B Lottery? Now What?

Holland & Knight LLP on

Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more

Jackson Lewis P.C.

Time to Get Ready for FY 2023 H-1B Cap Season

Jackson Lewis P.C. on

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...more

Herbert Smith Freehills Kramer

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Harris Beach Murtha PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach Murtha PLLC on

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

Harris Beach Murtha PLLC

U.S. Department of State Issues Guidance on New Exceptions to COVID-Related Travel Restrictions

On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first creates new exceptions to the Proclamation barring anyone who has been within a...more

Morgan Lewis

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

ArentFox Schiff

There’s a New H-1B Lottery Program & Employers Must File Earlier This Year

ArentFox Schiff on

Employers will have to decide who they are sponsoring earlier this year. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions (which are jobs requiring at...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

Tarter Krinsky & Drogin LLP

Major Changes For The Business Community: Department Of Homeland Security Releases Spring Regulatory Agenda

The Department of Homeland Security (DHS) released its Spring 2019 Regulatory Agenda, announcing the agency's priorities and how it plans to continue furthering the current administration's immigration-related goals....more

Epstein Becker & Green

October 2018 Special Immigration Alert

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USCIS Begins Implementing Notices to Appear for Denied Petitions and Applications - As of October 1, 2018, U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Notices to Appear (“NTA”) in accordance with...more

Moore & Van Allen PLLC

U.S. Immigration & The Trump Administration

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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

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