News & Analysis as of

H-1B Corporate Counsel Visas

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

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

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

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

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

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

Jackson Lewis P.C.

Time to Get Ready for FY 2023 H-1B Cap Season

Jackson Lewis P.C. on

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...more

Fisher Phillips

April Sees End to Work Visa Ban, Bringing Relief to Employers

Fisher Phillips on

The Trump-era Presidential Proclamation that temporarily suspended certain nonimmigrant visas expired at the end of March, and federal immigration officials announced that temporary workers could once again begin applying for...more

Seyfarth Shaw LLP

USCIS Announces Completion of Initial H-1B Registration Selection

Seyfarth Shaw LLP on

Seyfarth Synopsis: USCIS officially announced that the number of electronic cap registrations exceeded the regular bachelor’s cap and advanced degree cap (“master’s cap”) for FY 2022. USCIS has also completed its initial...more

Harris Beach PLLC

USCIS To Allow Employers Another Chance at Certain H-1B Denials

Harris Beach PLLC on

On Friday, March 12, 2021, U.S. Citizenship & Immigration Services (USCIS) announced that it may reopen and/or reconsider the denial of previously filed H-1B visa petitions, in cases where the denial was based on one or more...more

Jackson Walker

USCIS to Accept H1-B Visa Registrations Beginning March 9, 2021

Jackson Walker on

The U.S. Citizenship and Immigration Services (USCIS) recently made an announcement that they will begin accepting registrations for the upcoming 2022 H-1B fiscal year starting on March 9, 2021 at 12 p.m. ET and ending on...more

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...more

Kramer Levin Naftalis & Frankel LLP

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Holland & Knight LLP

Immigration Under Biden Administration: H-1B Visa Cap Registration Period

Holland & Knight LLP on

In the first few weeks under the new Biden Administration, the United States has already seen the unraveling of some of the more restrictive measures taken by the Trump Administration, and more dismantling is expected to...more

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