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United States Citizenship and Immigration Services › Department of Homeland Security (DHS) › Visa Caps

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... more +
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 -
Miles & Stockbridge P.C.

H-1B Cap FY 2025 - What You Need to Know

Miles & Stockbridge P.C. on

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain...more

Seyfarth Shaw LLP

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Holland & Hart - Employers' Lawyers on

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

Constangy, Brooks, Smith & Prophete, LLP on

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Mintz - Immigration Viewpoints

2023 H-1B Cap Lottery Has Been Completed

Mintz - Immigration Viewpoints on

On December 12, 2023, US Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the annual quota of 85,000 new H-1B filings for the FY2024 H-1B cap for H-1B...more

Harris Beach PLLC

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

Harris Beach PLLC on

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

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

Jackson Lewis P.C.

USCIS Clarifies L-1 Intracompany Transfer Petitions and Sole Proprietorships, Blanket L Petitions

Jackson Lewis P.C. on

USCIS has issued new policy guidance on L-1 intracompany transfer petitions addressing sole proprietorships and Blanket L petitions. There are two highlights: USCIS has clarified that sole proprietorships cannot file L...more

Gibney Anthony & Flaherty, LLP

DHS Proposes to Amend H-1B Program

Gibney Anthony & Flaherty, LLP on

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

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

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

Jackson Lewis P.C.

Proposed Rule to Reform, Modernize H-1B Program

Jackson Lewis P.C. on

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

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

Supplemental H-2B Cap for Returning Workers Reached for Early Second Half of Fiscal Year 2023

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

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year (FY) 2023. As part...more

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

Beltway Buzz - August 2022 #4

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

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

Gibney Anthony & Flaherty, LLP

Court Vacates Rule Favoring High-Wage Earners in H-1B Cap Selection Process

Gibney Anthony & Flaherty, LLP on

A federal district court has struck down a legacy Trump administration rule that would have replaced the annual H-1B cap lottery with a scheme to favor high-wage earners. If implemented, the rule would have adversely...more

Jackson Lewis P.C.

Uncertain Fate Of H-1B Modification Rule

Jackson Lewis P.C. on

Approximately 27,000 additional Cap H-1B cases were selected in a second-round lottery for fiscal year 2022. The selected petitions must be filed by November 3, 2021. In the meantime, litigation challenging the validity of...more

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

H-2B Cap for Fiscal Year 2021 Reached as of February 12, 2021

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

On February 24, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it reached the H-2B cap for the second half of fiscal year (FY) 2021. The cap was officially reached on February 12, 2021. USCIS explained...more

UB Greensfelder LLP

H-1B Cap Registration Period to Begin March 9

UB Greensfelder LLP on

February 25, 2021 – The United States Citizenship and Immigration Services (USCIS) initial registration period for the fiscal year (FY) 2022 H-1B cap is quickly approaching. The registration period will open at 12 p.m. EST on...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces Rules for H-1B Lottery

Akin Gump Strauss Hauer & Feld LLP on

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

Proskauer Rose LLP

H1B Updates: Cap H1B Electronic Registration Opens, Trump Era Wage Level Selection Process Delayed

Proskauer Rose LLP on

The H1B cap registration period for this fiscal year FY 2022 will open at noon EST on March 9, 2021 and will close at noon EST on March 25, 2021. Similar to last year, all H1B cap registrations will cost $10 per registration...more

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

FY2022 H-1B Cap Update: USCIS Confirms Registration Details, Delays Wage-Based Selection Process

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

U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year (FY) 2022 on or shortly after April 1, 2021. USCIS has confirmed it will use the same...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

Gibney Anthony & Flaherty, LLP on

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

Tonkon Torp LLP

H-1B Lottery Updates For Fiscal Year 2022

Tonkon Torp LLP on

Fiscal Year 2022 - H-1B Lottery Registration Dates- On February 5, 2021 the U.S. Citizenship and Immigration Services (USCIS) announced H-1B Cap Registrations for the Fiscal Year 2022 (FY 2022) lottery will be accepted...more

Womble Bond Dickinson

Midnight Regulations Spell Trouble for Nonimmigrant Workers & Their Employers

Womble Bond Dickinson on

On January 8, 2021, the U.S. Department of Homeland Security (DHS) published the Modification of H-1B Cap Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions Rule. Should it be implemented,...more

Fox Rothschild LLP

Selection In The H-1B Cap Lottery If The Proposed New Process Takes Effect?

Fox Rothschild LLP on

On November 2, 2020, the Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to drastically change the way USCIS selects the H-1B Cap registrations of U.S. employers. If the...more

Constangy, Brooks, Smith & Prophete, LLP

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

Constangy, Brooks, Smith & Prophete, LLP on

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

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