News & Analysis as of

H-1B ACWIA

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Kerr Russell

Immigration Insider | March 2024

Kerr Russell on

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the...more

Jackson Lewis P.C.

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Jackson Lewis P.C. on

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

FordHarrison

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

FordHarrison on

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

Bond Schoeneck & King PLLC

USCIS Increases Filing Fees Effective December 23, 2016

For the first time since November 2010, the filing fees for many of the petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase, effective December 23, 2016. All applications...more

Baker Donelson

USCIS New Rule Implements Old Laws with a Few Twists

Baker Donelson on

USCIS has published a final rule, to take effect January 17, 2017, ensconcing in regulations most of the policies it had long ago worked out in memorandums implementing provisions of 1998 and 2001 laws intended to bridge some...more

Mintz - Immigration Viewpoints

Cap-Exempt H-1B Employment Clarified by DHS

In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more

Fisher Phillips

Department of Homeland Security Issues Proposed Regulations Regarding Retention and Portability of High-Skilled Workers

Fisher Phillips on

On December 31, 2015, the Department of Homeland Security (“DHS”) issued proposed regulations to address the retention and portability of high-skilled foreign workers. The new regulations were promulgated in furtherance of...more

Mintz - Immigration Viewpoints

DHS Proposes New Rule for Increased Job Flexibility: Part 2

This is part 2 of our analysis of the proposed rule published by DHS on December 30, 2015, addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. Proposed Rule...more

Mintz - Immigration Viewpoints

DHS Proposes New Rule for Increased Job Flexibility: Part 1

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend...more

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

DHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers

On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December...more

Cozen O'Connor

Public Law 111-230 H-1B, L-1 Additional Fees Expire

Cozen O'Connor on

H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1...more

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