News & Analysis as of

H-1B Regulatory Requirements 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

McAfee & Taft

Every step you take: Navigating the H-1B visa lottery and preparing for increased ICE worksite enforcement

McAfee & Taft on

Employers nationwide are preparing for one of the most competitive H-1B visa seasons yet. From noon EST on March 7 to noon EST on March 27, employers can submit registrations on behalf of beneficiaries for whom they wish to...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

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...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

Ballard Spahr LLP

New USCIS Process for H-1B Lottery Begins March 1

Ballard Spahr LLP on

Employers seeking to employ H-1B workers must register with the U.S. Citizenship and Immigration Services (USCIS) by March 20, 2020, to be eligible for the FY 2021 H-1B lottery. ...more

Proskauer Rose LLP

The Pre-Registration System For H-1 Cap Filings – A Losing Race to April 1, 2019?

Proskauer Rose LLP on

Will thousands of H-1 cap petitions be received by USCIS Service Centers on Monday, April 1, 2019, or will online pre-registrations during the month of March make Monday, April 1 a quiet day at USCIS?...more

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