Law Brief: H-1B Visas – New Process and New (Upcoming) Deadlines
Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...more
The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. USCIS has announced several significant changes to the H-1B program aimed at...more
It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more
U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2025 H-1B cap from March 6, 2024 to March 22, 2024. This year USCIS is implementing...more
The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more
USCIS announced that the initial electronic registration period for the fiscal year (FY 2025) H-1B cap season will open at noon Eastern on March 6, 2024 and will run through noon Eastern on March 22, 2024....more
The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more
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
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...more
The new year brings new possibilities, including a chance to register for the H-1B “lottery” for the fiscal year 2023. As a reminder, because of a limited number of new H-1Bs available for most employers, each year the U.S....more
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
Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more
Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more
Last week, the United States Citizenship & Immigration Services (“USCIS”) released information regarding the upcoming federal fiscal 2022 H-1B lottery. USCIS announced that it will begin accepting registrations for the H-1B...more
We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...more
Yesterday, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated. Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000...more
USCIS and DOL Will Implement Changes to H-1B Regulations That Will Likely Be Subject to Legal Challenge - On September 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) submitted an interim final rule (“IFR”)...more
The rush is on: U.S. employers looking to hire foreign professionals through H-1B sponsorship must register online for the annual lottery by noon (12:00 pm) EST on March 20, 2020. Employers petitioning for cap-subject H-1B...more
In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more
U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more
As we previously advised, the H-1B lottery process is undergoing changes for cap-subject employers. The H-1B is the most common professional work visa, limited by a numerical quota of 65,000 regular cap approvals per year,...more
USCIS has confirmed they will open the new H-1B Lottery pre-registration portal on March 1, 2020. The H-1B visa is available to companies wishing to hire a foreign worker to fill a “specialty occupation” which is defined as a...more
The H-1B Specialty Occupation Visa allows companies to sponsor foreign national workers for jobs that normally require at least a bachelor’s degree or its equivalent in a specific field. The H-1B work visa is the most...more
U.S. employers wanting to hire foreign professionals should identify those eligible for H-1B sponsorship as soon as possible to allow sufficient time to navigate newly required procedures in March 2020, including using the...more
On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more