News & Analysis as of

H-1B New Regulations Immigration Reform

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 -
Ballard Spahr LLP

Department of Labor Creates Temporary Office of Immigration Policy

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) recently confirmed the establishment of a temporary Office of Immigration Policy, aimed at enhancing how DOL administers employment‑based immigration programs....more

Cozen O'Connor

FY2026 H-1B Lottery Has Been Completed and Registrants Notified of Selection

Cozen O'Connor on

U.S. Citizenship and Immigration Services (USCIS) has completed the Fiscal Year 2026 (FY26) H-1B lottery for both regular H-1B cap beneficiaries, as well as advanced degree (master’s) cap beneficiaries. Those registrants who...more

Seyfarth Shaw LLP

Breaking Down the State Department’s New Visa Interview Waiver Limits

Seyfarth Shaw LLP on

Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented...more

Proskauer Rose LLP

If You Want an H-1, H1B1 or E3 Worker, Or to Sponsor an Applicant for a Green Card it Might Cost You More: New DOL Regulation

Proskauer Rose LLP on

With virtually no warning and effective immediately upon publication, as of October 8, 2020, the Department of Labor promulgated a regulation which, in effect, dramatically increases the wage that must be offered by any...more

Burr & Forman

H-1B Registration Developments

Burr & Forman on

It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more

Herbert Smith Freehills Kramer

Congress Considering Bills to Radically Change Distribution of Employment-Based Green Cards

Earlier this month the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 1044), an act that would radically change the way employment-based immigrant visas are allocated by eliminating...more

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