News & Analysis as of

Immigration Procedures Foreign Workers H-1B

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

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

Buchalter

Navigating Job Loss on a Work Visa: Options for Foreign Workers Facing Termination in the U.S.

Buchalter on

Understand the 60-Day Grace Period - The 60-day grace period for H-1B visa holders begins on the last day worked, not the final day of severance pay. USCIS does not consider paid, non-working time as maintaining valid H-1B...more

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

Benesch

How to Prepare for Unannounced Administrative Site Visits

Benesch on

As part of ongoing efforts to ensure the integrity of the immigration benefit process, the Fraud Detection and National Security Directorate (FDNS) operates an Administrative Site Visit and Verification Program (ASVVP). ...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Jackson Lewis P.C.

State Department Halts New Student Visa Interviews, Expands Social Media Vetting

Jackson Lewis P.C. on

The U.S. Department of State (DOS) has temporarily paused the scheduling of new visa interviews for international students and exchange visitors applying for F, M and J visas. This directive, effective May 27, 2025, is part...more

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

H-1B Registration Numbers for FY 2026 H-1B Cap Reveal an Increase in Selection Rate

U.S. Citizenship and Immigration Services (USCIS) has released the selection numbers for the fiscal year (FY) 2026 H-1B cap, revealing a selection rate of approximately 35 percent compared to 29 percent in FY 2025....more

Jackson Lewis P.C.

H-1B Lottery Registrations Decline to Four-Year Low

Jackson Lewis P.C. on

For the second consecutive year, there has been a decline in H-1B lottery registrations according to data published by U.S. Citizenship and Immigration Services (USCIS): • Employers submitted approximately 344,000...more

Warner Norcross + Judd

From TPS to FDNS: Key Immigration Action Impacting Employers

Warner Norcross + Judd on

As federal immigration policy continues to shift, employers must remain attentive to developments that affect global talent management, work authorization and petition-based compliance. This eAlert highlights critical updates...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

Holland & Hart LLP

Are You Ready for a Surprise Visit from USCIS? How to Prepare for an Administrative Site Visit

Holland & Hart LLP on

U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security Directorate (FDNS), regularly conducts unannounced site visits to employers who sponsor foreign workers. If your...more

Gibney Anthony & Flaherty, LLP

June 2025 Visa Bulletin Released: Continued Slow Progression in Many Categories May Impact Employers

The Department of State released the June 2025 Visa Bulletin and USCIS has confirmed they will accept the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes...more

Schwabe, Williamson & Wyatt PC

Medical Care Providers and Their Foreign Health Care Professionals: Minimize the Risk of Immigration Enforcement

Recent changes in U.S. immigration policy have created unprecedented challenges for health-care providers and their sponsored foreign national employees. According to recent news reports, the Trump administration is...more

Jackson Lewis P.C.

U.S. Still Leads in Attracting International Talent — But For How Long?

Jackson Lewis P.C. on

The United States continues to be a magnet for international students, especially in science and engineering graduate programs, but its dominance is no longer a given. According to a new report from the Association of...more

Dickinson Wright

Crossing the Finish Line: Navigating Post-H-1B Registration

Dickinson Wright on

The H-1B visa program is a cornerstone for U.S. companies looking to hire international professionals in specialty occupations—from engineers and IT experts to researchers, teachers, and healthcare professionals, among...more

IR Global

Tapping into global talent

IR Global on

1. What are the most critical legal considerations businesses should be aware of when navigating international talent acquisition and immigration laws? When businesses tap into the global talent pool, understanding the...more

Jackson Lewis P.C.

USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next

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USCIS announced on Mar. 31, 2025, that it has completed the initial selection process for H-1B visa cap-subject petitions for fiscal year 2026. The statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000...more

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

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system....more

Tarter Krinsky & Drogin LLP

Lottery Results of H-1B Selections Available on myUSCIS.gov

USCIS (U.S. Citizenship and Immigration Services) announced on March 31, 2025, that the agency has completed selections regarding the regular and advanced degree selections in its annual H-1B Lottery. The H-1B cap of 85,000...more

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

USCIS Completes Fiscal Year 2026 H-1B Lottery

On March 31, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the completion of the initial selection process for the H-1B regular cap and master’s cap for fiscal year (FY) 2026....more

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