News & Analysis as of

H-1B Immigrants 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

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

Troutman Pepper Locke

Top 5 Anticipated Changes to the Immigration Landscape During Trump's New Term

Troutman Pepper Locke on

President Donald Trump's return to the Oval Office is expected to reshape U.S. policies related to immigration. Many of those changes will impact U.S. employers, even those without employees on work visas. Here are the top...more

Bond Schoeneck & King PLLC

Major Updates to H-1B Program and Other Nonimmigrant Visa Classifications

On Dec. 18, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule introducing significant changes to the H-1B nonimmigrant visa program. This rule aims to modernize the H-1B process, improve...more

Faegre Drinker Biddle & Reath LLP

USCIS Announces H-1B Cap Has Been Reached for Fiscal Year 2025

On December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2025 (FY 2025), which...more

Littler

USCIS to Implement Varying Filing Fees by Visa Category

Littler on

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more

Shumaker, Loop & Kendrick, LLP

Client Alert: USCIS Finally Publishes the Dates for the New Fiscal Year’s H-1B lottery

U.S. Citizenship and Immigration Services (USCIS) recently updated employers and immigration practitioners regarding important dates to keep in mind regarding the upcoming H-1B registration for the upcoming H-1B lottery. This...more

Burr & Forman

Early Visa Extension Filings Could Save Employers Money as USCIS Increases Filing Fee

Burr & Forman on

Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more

Burr & Forman

Ready, Set, Go . . . H-1B FY2025 Lottery Registration Dates Announced with Process Changes

Burr & Forman on

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Quarles & Brady LLP

October FAQs and Reminders for H-1B Employers

Quarles & Brady LLP on

Generally, new H-1B petitions selected and approved in each year’s H-1B Cap Lottery are effective starting October 1st. Accordingly, prudent employers should take precautions each year to ensure that they can best support...more

Dickinson Wright

Employer Tips for the Fiscal Year 2023 H-1B Cap Registration Process

Dickinson Wright on

U.S. Citizenship and Immigration Services (USCIS) introduced a new H-1B cap registration process for fiscal year (FY) 2021. This process was continued for the FY 2022 H-1B cap lottery, and it will be substantially the same...more

Seyfarth Shaw LLP

USCIS Announces Completion of Initial H-1B Registration Selection

Seyfarth Shaw LLP on

Seyfarth Synopsis: USCIS officially announced that the number of electronic cap registrations exceeded the regular bachelor’s cap and advanced degree cap (“master’s cap”) for FY 2022. USCIS has also completed its initial...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

Akerman LLP - HR Defense

Biden Quickly Shifts Immigration Policies – What Employers Need to Know

With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that...more

Littler

Breaking Down the New DOL and DHS H-1B Rules

Littler on

While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more

Fisher Phillips

What’s Next For Employers: Top 10 Immigration Developments To Expect Under The Biden Administration

Fisher Phillips on

While the election results may still be debated until officially certified and litigation is resolved, employers should be looking ahead to what a Biden administration will mean for immigration. Prior to this tumultuous year,...more

Morgan Lewis

Immigration Developments: USCIS and Visa Updates

Morgan Lewis on

This alert summarizes a number of important developments affecting business immigration that occurred last week, including a number of federal court decisions enjoining certain presidential and regulatory actions, as well as...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS Runs A Second H-1B Cap Lottery

On August 14, the U.S. Citizenship and Immigration Services confirmed it had run a second H-1B lottery for fiscal year 2021 and sent out notifications regarding new H-1B registration selections. The USCIS had not yet met the...more

McCarter & English, LLP

USCIS Eases Policy Guidance Around The Adjudication Of Certain H-1B Petitions

On June 17, USCIS rescinded two policy memoranda and updated policy guidance dealing with the employer–employee relationship for H-1B petitions, including third-party site placements, and contracts and itineraries...more

Husch Blackwell LLP

Key Takeaways From The President's Proclamation Suspending Visa Issuance For Certain Temporary Workers And Exchange Visitors

Husch Blackwell LLP on

On June 22, 2020, the president signed an executive order suspending visa issuance for specific classes of visas. Citing economic concerns, the order suspends entry into the United States of those foreign nationals who seek...more

Constangy, Brooks, Smith & Prophete, LLP

Call To Action: Temporary Ban On Entry Of Nonimmigrant Visa Workers May Be Coming

The Trump Administration is reportedly contemplating a proclamation that will significantly affect a number of temporary work permit programs. Although we cannot predict with certainty what these restrictions will be or their...more

Morgan Lewis

USCIS Resumes Premium Processing on Phased Schedule Beginning June 1, 2020

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) announced Friday that it will resume premium processing for certain petitions in phases over the next month....more

Morgan Lewis

H-1B Workers – Unpaid, Nonproductive Time and Terminations During the COVID-19 Crisis: An FAQ for Employers

Morgan Lewis on

Here are some frequently asked questions to help employers understand the legal ramifications of furloughs and terminations of H-1B workers in light of the coronavirus (COVID-19) outbreak....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

Herbert Smith Freehills Kramer

USCIS Provides Additional Guidance for H-1B Electronic Registration Process for FY 2021 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more

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