News & Analysis as of

H-1B Corporate Counsel

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 -
Littler

USCIS to Implement Varying Filing Fees by Visa Category

Littler on

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more

Shumaker, Loop & Kendrick, LLP

Client Alert: USCIS Finally Publishes the Dates for the New Fiscal Year’s H-1B lottery

U.S. Citizenship and Immigration Services (USCIS) recently updated employers and immigration practitioners regarding important dates to keep in mind regarding the upcoming H-1B registration for the upcoming H-1B lottery. This...more

Burr & Forman

Early Visa Extension Filings Could Save Employers Money as USCIS Increases Filing Fee

Burr & Forman on

Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more

Burr & Forman

Ready, Set, Go . . . H-1B FY2025 Lottery Registration Dates Announced with Process Changes

Burr & Forman on

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more

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

H-1B Cap Reached for Fiscal Year 2024

On December 13, 2023, U.S Citizenship and Immigration Services (USCIS) announced that the H-1B specialty occupation visa cap had been met for fiscal year (FY) 2024....more

Amundsen Davis LLC

Immigration Fees Likely to Soar in Early 2024

Amundsen Davis LLC on

Facing a stubborn backlog and an influx of immigrants seeking refuge, United States Citizenship and Immigration Services (USCIS) proposed a rule featuring a new fee schedule in January 2023. The proposed fee schedule includes...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Cozen O'Connor

Cozen O'Connor Immigration Catch Up: October 2023

Cozen O'Connor on

October 2023 not only provided amazing Halloween costumes but big updates to the United States and global immigration. The Cozen O’Connor catch-up this month highlights these changes and provides the details you need to...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November 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

Fisher Phillips

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

Fisher Phillips on

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

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Dickinson Wright

Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition...

Dickinson Wright on

Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. ...more

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

H-1B Cap Lottery, Round Two: Selection Results Have Been Released

On the heels of a surprise announcement, U.S. Citizenship and Immigration Services (USCIS) has conducted a second round of H-1B cap lottery selections. This move was much-anticipated by employers and foreign national workers...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Holland & Knight LLP

Not Selected in the H-1B Lottery? Now What?

Holland & Knight LLP on

Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Fisher Phillips

Workplace Immigration: Feds Announce Visa Renewal Pilot Program to Improve Processing Times

Fisher Phillips on

Employers just received some good news from the federal government that should help reduce the backlog for some visa renewals. Certain foreign workers looking to renew their visas can now do so within the U.S. instead of...more

Amundsen Davis LLC

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

Amundsen Davis LLC on

The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more

Quarles & Brady LLP

October FAQs and Reminders for H-1B Employers

Quarles & Brady LLP on

Generally, new H-1B petitions selected and approved in each year’s H-1B Cap Lottery are effective starting October 1st. Accordingly, prudent employers should take precautions each year to ensure that they can best support...more

Foley & Lardner LLP

USCIS Temporarily Extends Automatic Extensions of Employment Authorization to Up to 540 Days

Foley & Lardner LLP on

On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule that temporarily increases the automatic extension period for employment authorization and Employment Authorization Documents...more

Fisher Phillips

USCIS Completes FY 2023 H-1B Selection

Fisher Phillips on

Federal immigration officials recently announced completion of the fiscal year 2023 H-1B CAP selection process, handing out the much-prized limited availability visas to those workers who qualify due to their specialized...more

Gibney Anthony & Flaherty, LLP

FY 2023 H-1B Initial Selection Process Completed

On March 29, 2022, the USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B cap. A random selection (lottery) was conducted from...more

WilmerHale

Court Endorses False Claims Act Theory for Business and Work Visas

WilmerHale on

In a False Claims Act (FCA) case with implications for the use of business and work visas, the US District Court for the District of New Jersey refused on Tuesday to reconsider or allow an immediate appeal of its prior ruling...more

Dickinson Wright

Employer Tips for the Fiscal Year 2023 H-1B Cap Registration Process

Dickinson Wright on

U.S. Citizenship and Immigration Services (USCIS) introduced a new H-1B cap registration process for fiscal year (FY) 2021. This process was continued for the FY 2022 H-1B cap lottery, and it will be substantially the same...more

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