News & Analysis as of

H-1B F-1 Visa Visa Caps

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 -
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

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

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

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

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

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

ArentFox Schiff

It’s H-1B Lottery Time Again and There Is a New Lottery System

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more

Holland & Knight LLP

Employers, Get Ready: H-1B Cap Lottery Season Is Almost Here

Holland & Knight LLP on

Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more

Holland & Knight LLP

USCIS Takes First Step Toward Modernization of the H-1B Program

Holland & Knight LLP on

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more

Warner Norcross + Judd

Time to Get Ready for the H-1B Filing Season

Warner Norcross + Judd on

It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at...more

Miller Canfield

USCIS Reaches Fiscal Year 2024 H-1B Cap

Miller Canfield on

U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree master’s cap and has completed the H-1B selection process...more

Jackson Lewis P.C.

Proposed Rule to Reform, Modernize H-1B Program

Jackson Lewis P.C. on

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

Jackson Lewis P.C.

Energy, Infrastructure, Domestic Manufacturing: Immigration System to Meet Labor Needs

Jackson Lewis P.C. on

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...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

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

Moore & Van Allen PLLC

H-1B Cap Season for USCIS Fiscal Year 2024 Registration Opens on March 1, 2023

Moore & Van Allen PLLC on

As many Employers and Foreign Nationals are likely aware, the H-1B CAP Season for USCIS 2024 Fiscal Year rapidly approaches. On Friday USICS announced it will open H-1B CAP registration at noon (12PM ET) on March 1, 2023, and...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

Dorsey & Whitney LLP on

The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more

Gibney Anthony & Flaherty, LLP

H-1B Cap Alternatives: Visa Options for the Healthcare Industry and Biotechnology Companies

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional (degree-requiring) positions.  Most H-1B visas are subject to an annual quota or “cap.”  These are often referred to as...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

ArentFox Schiff

Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

ArentFox Schiff on

Many F-1 OPT foreign nationals have been approved for H-1B status effective October 1st in this year’s H-1B lottery Employers and F-1 workers should be careful during the transition from F-1 to H-1B status to ensure they...more

FordHarrison

USCIS Gears up for the H-1B FY22 Cap Cycle

FordHarrison on

Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more

Stinson LLP

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...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

Cozen O'Connor

FY2022 H-1B Cap Lottery Registration

Cozen O'Connor on

On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2022 H-1B Cap Lottery will begin on March 9, 2021. ...more

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