News & Analysis as of

H-1B Immigration Procedures Employer Liability Issues

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 -
Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

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In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Gibney Anthony & Flaherty, LLP

USCIS Reached the Fiscal Year 2026 H-1B Cap

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2026 H-1B cap. On July 18, 2025, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular...more

Alston & Bird

DOJ’s Whistleblower Financial Incentive Escalates Risk for Employers

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Our Immigration Team inspects how the Department of Justice (DOJ) is using its new whistleblower incentives to prioritize investigating employers’ potential criminal immigration activity....more

Seyfarth Shaw LLP

Venezuela TPS: USCIS Confirms Termination of 2023 Designation – But Some Work Permits Still Valid

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Late Friday evening, June 6, 2025 – right after we posted TPS Twist: Court Halts DHS Action on Certain Venezuelan Work Authorization-For Now – U.S. Citizenship and Immigration Services (USCIS) updated its website with a...more

Gibney Anthony & Flaherty, LLP

Immigration By the Numbers: Key Stats on FY2026 H-1B Cap Lottery and Next Steps

With the first round of the H-1B cap lottery completed in late March, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap registrations and selections. USCIS...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Poyner Spruill LLP

H-1B Lottery for FY2026 Opens March 7, 2025

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The H-1B Lottery for FY 2026 opens at 12:00 pm EST on  March 7, 2025. The registration period will run for eighteen (18) calendar days beginning March 7 and closing at 12:00 pm EST on March 24, 2025. The fee for submitting an...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. Employers seeking to register employees...more

Woods Rogers

Trump’s Immigration Crackdown: Key Policies & Impact on Businesses

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President Trump has launched the most extensive deportation effort in U.S. history, reshaping immigration laws. An estimated 11-15 million undocumented immigrants live in the U.S. The Executive Orders and policy changes...more

Ballard Spahr LLP

Preparing for ICE Visits in Light of Executive Orders

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The Trump administration, through its recent executive orders and public statements, has kept its promise to take swift actions on immigration enforcement. On January 21, 2025, the Trump administration revoked a longstanding...more

Jackson Lewis P.C.

President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers

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Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has...more

Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

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The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

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With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...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

Gibney Anthony & Flaherty, LLP

USCIS Fiscal Year (FY) 2025 H-1B Cap Reached

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2025 H-1B cap. USCIS conducted its initial H-1B cap lottery in March 2024, and employers with selected registrations had a...more

Troutman Pepper Locke

Water Cooler Talk: Immigration Insights From ‘The Proposal’

Troutman Pepper Locke on

This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more

Moore & Van Allen PLLC

MVA Immigration News Roundup

Moore & Van Allen PLLC on

Welcome to the first installment of MVA’s Business Immigration Quarterly! Each quarter we will be bringing you a roundup of current trends, important issues, and interesting topics in the business immigration community. ...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the...more

Gibney Anthony & Flaherty, LLP

USCIS Will Conduct Second FY 2025 H-1B Cap Lottery

USCIS has announced that it will soon conduct a second round of H-1B cap lottery selection for fiscal year (FY) 2025 H-1B cap from the previously submitted registrations. USCIS has not indicated when the lottery will take...more

Gibney Anthony & Flaherty, LLP

FY 2025 H-1B Cap Registration Period Extended

USCIS has extended the fiscal year 2025 (FY 2025) H-1B cap registration period. The new deadline to submit cap registrations is Monday, March 25, 2024 at noon Eastern Daylight Time. The extension comes after employers and...more

McAfee & Taft

Navigating the H-1B process: Here are essential updates for employers

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The H-1B visa is a popular option for U.S. employers hiring skilled foreign professionals to fill specialized roles within the United States. Congress limited the total number of H-1B visas that USCIS can issue each fiscal...more

Dentons

Electronic H-1B Petitions Available Soon

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U.S. Citizenship and Immigration Services (USCIS) is expanding its electronic filing access to encompass all H-1B filings. This includes H-1B “cap” or “lottery” registrations and “non-cap” petitions through the rollout of...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

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Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second FY 2024 H-1B Cap Lottery

USCIS completed the second H-1B cap lottery for fiscal year (FY) 2024 H-1B cap on July 31, 2023. All employers with selected registrations have been notified. Employers with selected registrations from the second lottery may...more

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