News & Analysis as of

H-1B Customs and Border Protection United States Citizenship and Immigration Services

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 -
Jackson Lewis P.C.

DHS Proposes Higher 9-11 Response & Biometric Entry-Exit Fee for H-1B, L-1 Visas

Jackson Lewis P.C. on

Customs and Border Protection (CBP) published a proposed rule that will substantially increase the fees for certain H-1B and L-1 petitions. The agency plans to clarify that the 9-11 Response and Biometric Entry-Exit Fee (9-11...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on

Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more

Faegre Drinker Biddle & Reath LLP

Federal Government Shutdown Would Affect Some Immigration Processing

With Congress deadlocked on passing needed budget legislation, it is looking increasingly likely that there will be a federal government shutdown at midnight on September 30, 2023. The shutdown will affect some federal...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Harris Beach PLLC

Requesting Forgiveness of Late-Filed Applications to Extend Immigration Status

Harris Beach PLLC on

In a recent post, this blog covered the more-complicated-than-it-seems issue of how someone can best determine exactly when their lawful immigration status in the United States expires. We discussed the matter of how, in some...more

Harris Beach PLLC

When Does My Immigration Status Expire?

Harris Beach PLLC on

While that question may seem simple enough to answer, in many instances individuals may be mistaken or unaware of when their lawful immigration status in the United States expires. A common answer might be, “When my Visa...more

ArentFox Schiff

Some Overdue, but Limited, Relief for Working H-4, L-2 & E Spouses

ArentFox Schiff on

The USCIS (US Citizenship & Immigration Service) announced a new rule to aid in the recent dilemma many foreign national families and US employers have confronted; namely addressing the gap in work authorization and...more

Jackson Lewis P.C.

H-1B, L-1 Update: USCIS Adopts Policy Changes

Jackson Lewis P.C. on

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

McCarter & English, LLP

U.S. Entry Restrictions and Immigration - Update September 2020

U.S. agencies are rapidly adapting immigration policy to respond to shifting developments in the COVID-19 pandemic. Our immigration lawyers provide information on the unprecedented range of revised policies. U.S. Entry...more

Amundsen Davis LLC

Charting The Course For H-1Bs And Other Visas Through COVID-19

Amundsen Davis LLC on

U.S. Immigration laws and regulations have always required immigration attorneys to have a certain level of creativity to problem solve. Keeping current on regulation changes, combined with creativity, helped me navigate the...more

Dentons

Employer Advisory: COVID-19 Immigration Considerations

Dentons on

While perhaps not top of mind when considering the many challenges that Coronavirus/COVID-19 poses to employers, immigration compliance is still required. Read the following advisory to prevent immigration law violations that...more

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

Beltway Buzz - March 2020

Congress and the Coronavirus. In the wake of the growing coronavirus threat, federal lawmakers responded this week by doing what they do best: holding hearings. The U.S. Senate Committee on Health, Education, Labor and...more

Epstein Becker & Green

February 2020 Immigration Alert

Epstein Becker & Green on

The Coronavirus and Its Impact on Those Traveling from China - On January 31, 2020, in response to the novel coronavirus (2019-nCoV) outbreak, the Trump administration, through Secretary of Health and Human Services Alex...more

Epstein Becker & Green

January 2020 Immigration Alert

Epstein Becker & Green on

USCIS Officially Releases Regulations Regarding Its H-1B Electronic Registration Tool for the FY 2021 H-1B Cap - On January 9, 2020, U.S. Citizenship and Immigration Services (“USCIS”) officially released regulations to...more

Faegre Drinker Biddle & Reath LLP

Immigration Agencies Hint at Possible Regulatory Changes

Twice a year, in the spring and fall, each federal agency publishes its regulatory agenda. This is a list of changes to federal regulations that the agency is considering proposing during the next year or so. While the...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

UB Greensfelder LLP

Judge Says Canadian Physicians Are Eligible for H-1B Admission Regardless of the J-1 Two-Year Foreign Residency Requirement

UB Greensfelder LLP on

A federal judge in New York has ruled that Canadian physicians who are subject to the J-1 two-year foreign residency requirement may enter the United States in H-1B status, even though they have not spent two years in Canada...more

Davis Wright Tremaine LLP

Post-Shutdown Update: Immigration-Related Agencies

Some, but not all, U.S. immigration-related agencies were closed during the recent 35-day partial government shutdown. Now, immigration processing centers, courts, and the E-verify system to check immigration status and work...more

Epstein Becker & Green

January 2019 Special Immigration Alert

Epstein Becker & Green on

Partial Federal Government Shutdown and How It Applies to an Immigration Workforce - On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more

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

Recent USCIS Changes Put Visa Applicants at Greater Risk of Deportation if Visas Denied

A new U.S. Citizenship and Immigration Services (USCIS) policy published on July 5, 2018 instructs USCIS officers to issue a notice to appear (NTA) to any individual who is “not lawfully present” in the United States at the...more

Moore & Van Allen PLLC

Imminent Government Shutdown?

Moore & Van Allen PLLC on

Congress must pass stopgap legislation to avert a shutdown of the federal government by Friday, January 19th at midnight. The bill, if passed, would fund the government through February 16, 2018, setting up another potential...more

Dickinson Wright

What’s New in Immigration Law?

Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Kramer Levin Naftalis & Frankel LLP

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more

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