News & Analysis as of

Immigrants H-1B Foreign Nationals

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

Morgan Lewis

US Department of State Releases June 2025 Visa Bulletin

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in June 2025. The Final Action Dates chart shows slight advancement across the...more

Tonkon Torp LLP

Birthright Citizenship: Impact on Business Immigration?

Tonkon Torp LLP on

President Trump’s Executive Order, “Protecting the Meaning and Value of American Citizenship,” limits birthright citizenship to babies born in the United States after February 20, 2025, who had at least one parent who was a...more

CDF Labor Law LLP

The H-1B Lottery in Times of Change

CDF Labor Law LLP on

In their few weeks in power, the incoming administration made many changes to immigration policy. One thing that has not changed is the H-1B lottery. On Wednesday, USCIS announced the dates for submission and processing for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FY 2026 H-1B Cap Lottery Alert: Registration Period and Important Changes to USCIS Online System

U.S. Citizenship and Immigration Services (USCIS) has announced that the fiscal year (FY) 2026 H-1B cap registration period will open at noon ET on Friday, March 7, 2025, and will remain open until noon ET on Monday, March...more

Ballard Spahr LLP

Navigating the H-1B Cap Season for FY 2026

Ballard Spahr LLP on

As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Morgan Lewis

DHS Issues Final Rules on H-1B Petitions and EAD Applications, Effective Mid-January

Morgan Lewis on

In two consecutive weeks, the US Department of Homeland Security issued final rules that will impact the H-1B specialty occupation worker program and employment authorization documents. These rules will take effect just...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Akerman LLP - HR Defense

The Time for Certain Foreign National Workers to Stop Traveling Abroad is NOW, Not After the Inauguration

Akerman LLP - HR Defense on

One of the simplest but most important steps that employers should take to minimize the workforce disruptions associated with the upcoming change in presidential administrations is to avoid international travel by certain...more

Warner Norcross + Judd

Planning for the Future: Lessons from President-elect Donald Trump’s First Term on Immigration and What Employers Can Do to...

Warner Norcross + Judd on

As employers of foreign national talent prepare for the return of President-elect Donald Trump to the White House in 2025, understanding the key immigration takeaways from his first presidency is more important than ever....more

Herbert Smith Freehills Kramer

Upcoming Changes to Kramer Levin’s Immigration Tracker System and Results of the FY25 H-1B Lottery

Updates to Kramer Levin’s Immigration Tracker System Two-Factor Authentication for Tracker Beginning on Monday, May 20, 2024, Tracker will require “two-factor authentication” in order to access our immigration system. We are...more

Dinsmore & Shohl LLP

Smooth Sailing: U.S. Department of State Reports Success with H-1B Visa Renewal Program

Dinsmore & Shohl LLP on

The U.S. Department of State (DOS) reports a smooth start and a lower volume of applications than it anticipated when it launched a pilot program in January of 2024. The initiative allowed individuals whose last H-1B visa was...more

Maynard Nexsen

H-1B Lottery Season – A Refresher on Eligibility Requirements and Employer Obligations

Maynard Nexsen on

The H-1B lottery is fast approaching and set to run from March 6 through 22 this year. Whether this is your company’s first time to participate in the H-1B lottery or you are a seasoned pro, now is the ideal time to evaluate...more

Orrick, Herrington & Sutcliffe LLP

H-1B Lottery to Open on March 6 With Notable Changes

The annual H-1B electronic registration period (often known as the H-1B lottery) for Fiscal Year 2025 will open March 6 and run through 12 p.m. EST March 22. During this period, prospective H-1B employers and their...more

Herbert Smith Freehills Kramer

USCIS Issues Final Rules Increasing Filing Fees and Premium Processing Fees

Recently, USCIS published a final rule increasing certain government filing fees effective April 1, 2024. In addition, it announced a final rule that will increase the premium processing fees effective Feb. 26, 2024....more

Dinsmore & Shohl LLP

Decoding the H-1B CAP Registration: Navigating the Path to Skilled Foreign Talent

Dinsmore & Shohl LLP on

In preparation for H-1B CAP Registration season, the Department of Homeland Security (DHS) has issued a final rule that limits each foreign worker to one entry into the H-1B lottery system. The H-1B Registration process had...more

Herbert Smith Freehills Kramer

US Citizenship and Immigration Services Announces H-1B Cap Registration Period

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2025 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Dinsmore & Shohl LLP

Winning Futures? The H-1B “Lottery” Will Open Soon. USCIS Predicts Success.

Dinsmore & Shohl LLP on

Last year, a would-be H-1B nonimmigrant employee had about a 14% chance of their registration being selected in the annual lottery. In response to backlash from U.S. employers following the extraordinary low selection rate...more

Dinsmore & Shohl LLP

U.S. Department of State Announces Visa Renewal Pilot Program

Dinsmore & Shohl LLP on

The U.S. Department of State has released details on a proposed pilot program testing the agency’s ability to resume domestic visa renewals for certain nonimmigrant visa categories and to study the effect the program has on...more

Morgan Lewis - Tech & Sourcing

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B...more

Burr & Forman

Domestic Visa Renewal Could Return in 2024

Burr & Forman on

The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Morgan Lewis

DHS Proposes ‘Modernizing’ H-1B Specialty Occupation Worker Program

Morgan Lewis on

The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. The proposed rule seeks to improve the...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

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