News & Analysis as of

H-1B Visa Caps 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 -
Cozen O'Connor

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

Cozen O'Connor on

On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to...more

Constangy, Brooks, Smith & Prophete, LLP

Proposed rule on H-1B cap selection process should be coming soon

The U.S. Department of Homeland Security has sent for review a proposed rule (Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions) regarding the H-1B lottery selection...more

Cozen O'Connor

USCIS Notifies all Potential Petitioners of Beneficiaries Selected in the H-1B CAP Lottery for FY26

Cozen O'Connor on

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap,...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

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

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

ArentFox Schiff

Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits

ArentFox Schiff on

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and...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

Jackson Walker

Business Immigration Expectations Under a Second Trump Administration

Jackson Walker on

With the re-election of former President Donald Trump, employers and international investors should prepare for significant changes in U.S. immigration policies. Based on his first term, campaign promises, and recent...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

Seyfarth Shaw LLP

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

Seyfarth Shaw LLP on

For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...more

Moore & Van Allen PLLC

Major Updates to the H-1B Cap Registration and Selection Process

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. USCIS has announced several significant changes to the H-1B program aimed at...more

ArentFox Schiff

It’s H-1B Lottery Time Again and There Is a New Lottery System

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2025 H-1B Cap Registration

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2025 H-1B cap from March 6, 2024 to March 22, 2024. This year USCIS is implementing...more

Miller Canfield

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

Miller Canfield on

The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

Gibney Anthony & Flaherty, LLP

FY 2025 H-1B Cap Season Launched with Important Changes

USCIS announced  that the initial electronic registration period for the fiscal year (FY 2025) H-1B cap season will open at noon Eastern on March 6, 2024 and will run through noon Eastern on March 22, 2024....more

Moore & Van Allen PLLC

H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

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

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Akerman LLP - HR Defense

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...more

Dentons

Time to Start the H-1B “Cap” Registration and Lottery

Dentons on

The new year brings new possibilities, including a chance to register for the H-1B “lottery” for the fiscal year 2023. As a reminder, because of a limited number of new H-1Bs available for most employers, each year the U.S....more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces Rules for H-1B Lottery

Key points: - H-1B lottery will be open from March 9 until March 25, 2021. - There will be no changes from last year’s lottery rules. - Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more

FordHarrison

USCIS Gears up for the H-1B FY22 Cap Cycle

FordHarrison on

Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more

Stinson LLP

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more

CDF Labor Law LLP

DHS Releases FY 2022 H-1B Lottery Instructions

CDF Labor Law LLP on

Last week, the United States Citizenship & Immigration Services (“USCIS”) released information regarding the upcoming federal fiscal 2022 H-1B lottery.  USCIS announced that it will begin accepting registrations for the H-1B...more

Herbert Smith Freehills Kramer

H-1B Cap Season, Mandatory COVID-19 Testing for All International Air Travelers to the US, and I-90 Receipt Rule

We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...more

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