News & Analysis as of

Visas Proposed Rules Department of Homeland Security (DHS)

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
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

Harris Beach Murtha PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

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The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Gibney Anthony & Flaherty, LLP

DHS Proposes to Amend H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (NPRM) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on

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

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

DHS Issues Proposed Rule to Modernize H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) to amend its current regulations to modernize the H-1B visa program. DHS will accept public comments until...more

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

DHS Proposes Modernization of H-2 Framework

On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Tarter Krinsky & Drogin LLP

Early Summer Immigration Updates

Now that summer has begun, the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS), and ICE have all issued several significant updates, relating to the expansion of premium processing...more

Stinson LLP

USCIS Proposes Significant Fee Increases for U.S. Employer Filings

Stinson LLP on

On January 4, 2023, the U.S. Department of Homeland Security (DHS) published a proposed rule seeking 60-day comment on proposed changes to the fee schedule for benefit requests before U.S. Citizenship and Immigration Services...more

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

Beltway Buzz - August 2022 #4

DACA Regulations Finalized. On August 24, 2022, the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) released a final rule to codify the Deferred Action for Childhood Arrivals...more

Jackson Lewis P.C.

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

Jackson Lewis P.C. on

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

Fisher Phillips

Proposed Rule Would Bring Drastic Changes To H-1B Cap Process By Basing Selections On Highest Salary

Fisher Phillips on

The Department of Homeland Security recently proposed changes to the H-1B Cap system that would significantly impact the existing process. The proposed rule, entitled “Modification of Registration Requirement for Petitioners...more

Harris Beach Murtha PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

Harris Beach Murtha PLLC on

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

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

Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until...more

Foley & Lardner LLP

DHS Moves Closer to Launching its H-1B Cap Registration System

Foley & Lardner LLP on

The Department of Homeland Security recently moved closer to launching its new electronic registration system for allocating the H-1B cap, which is the annual limit on certain types of new H-1B cases. DHS often receives more...more

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

DHS Proposes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B...more

UB Greensfelder LLP

What to Consider as DHS Moves to Rescind H-4 Employment Authorization Document Rule

UB Greensfelder LLP on

The Department of Homeland Security (DHS) has formally moved to rescind the H-4 Employment Authorization Document (EAD) Rule, which permits the spouses of certain H-1B professionals to apply for work authorization if their...more

Burr & Forman

DHS Proposes Major Lottery Changes Ahead Of H-1B Filing Season

Burr & Forman on

Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more

Miles & Stockbridge P.C.

Getting Ready for the FY2020 H-1B Season

Miles & Stockbridge P.C. on

As 2018 draws to a close and much of the world is celebrating the holiday season, the immigration world is preparing to enter another H-1B lottery season. For an overview of the H-1B program and H-1B lottery, please see our...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips on

The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New H-1B Prefiling Registration System and Changes to H-1B Lottery

• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period. • DHS proposes to use a computer-generated process to select a...more

Constangy, Brooks, Smith & Prophete, LLP

Pre-Registration System For H-1B Cap Filings Is Proposed By USCIS

For many years, on the first business day of April, 200,000 or more H-1B cap petitions were filed with U.S. Citizenship and Immigration Services for approximately 85,000 available spots. H-1B petitions for individuals with...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

Bracewell LLP

Proposed Changes in the H-1B Cap-Subject Filing Process

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For years now employers have been confronted with severe limitations on visa numbers for new H-1B petitions. Historically, USCIS receives more than enough petitions to reach the congressionally mandated H-1B cap. Therefore,...more

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