News & Analysis as of August 24, 2025

Specialty Occupations

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

FY 2026 H-1B Lottery Takeaways

Ice Miller on 8/20/2025

The H-1B visa classification is often referred to as the “workhorse” of nonimmigrant visa classifications, and rightfully so. It is available to foreign national employees in specialty occupations (i.e., a position that...more

New USCIS Guidance overhauls TN visa requirements

Constangy, Brooks, Smith & Prophete, LLP on 6/30/2025

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more

Immigration Options for Religious Workers

Lippes Mathias LLP on 2/4/2025

In the past few years, it has become difficult to prepare immigration strategies for religious workers due to the length of time it takes for religious worker green cards to be approved. The delay is new and does not make a...more

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Tarter Krinsky & Drogin LLP on 11/10/2023

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

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

Littler on 11/8/2023

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

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on 10/26/2023

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on 10/25/2023

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Immigration Officials Unveil Sweeping Proposed Changes to H-1B Visa Process: What Employers Need to Do to Prepare

Fisher Phillips on 10/25/2023

Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more

USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms

Jackson Lewis P.C. on 6/30/2023

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more

USCIS to Accept H1-B Visa Registrations Beginning March 9, 2021

Jackson Walker on 2/23/2021

The U.S. Citizenship and Immigration Services (USCIS) recently made an announcement that they will begin accepting registrations for the upcoming 2022 H-1B fiscal year starting on March 9, 2021 at 12 p.m. ET and ending on...more

USCIS to Accept H1-B Visa Registrations Beginning March 9, 2021

Jackson Walker on 2/15/2021

DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/21/2020

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more

DHS Publishes Regulation Impacting H-1B Program

Tonkon Torp LLP on 10/12/2020

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more

DOL, DHS Issue New Rules for H-1B Process and Prevailing Wage Computation

Ballard Spahr LLP on 10/9/2020

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published interim final rules yesterday that amend regulations governing prevailing wage computation and the definition of “specialty occupation” in the H-1B...more

U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage...

Littler on 10/8/2020

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty...more

USCIS Interim Final Rule Revising Definition of “Specialty Occupation”

Womble Bond Dickinson on 10/7/2020

On October 6, 2020, the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) to be published on October 8, 2020 and to take effect on December 7, 2020. The rule revises regulations regarding the H-1B...more

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United States Citizenship and Immigration Services › Immigration Procedures › Specialty Occupations

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