News & Analysis as of

H-1B Foreign Workers Sponsors

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 -
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

Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more

Kerr Russell

H-1B Status: Cap-Subject Vs. Cap-Exempt

Kerr Russell on

The most-used type of visa status in the United States is the H-1B. To qualify, a foreign worker must have at least a bachelor degree (or U.S. equivalent) related to the field in which she will work, and be sponsored by a...more

Holland & Knight LLP

Upcoming H-1B Visa Cap Registration Period

Holland & Knight LLP on

This Holland & Knight alert details the upcoming 2023 H-1B Visa Cap Registration Period and related procedures. The registration period for the fiscal year (FY) 2023 H-1B cap will open at noon EST on March 1, 2022, and run...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

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