News & Analysis as of

H-1B Department of Homeland Security (DHS) Non-Immigrant 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 -
Maynard Nexsen

Trump 2.0 Executive Orders that Impact Employment-Based Visas

Maynard Nexsen on

On January 20, 2025, President Trump issued a series of executive orders that imposed significant reforms to the immigration system, many of which may or will have an impact on employment-based visas. The following is a...more

Nilan Johnson Lewis PA

2025 Executive Orders and Their Potential Impact on Business Immigration

Nilan Johnson Lewis PA on

On his first day in office, President Donald Trump issued more than 45 Executive Orders, many of which contain directives related to immigration. The immigration team at Nilan Johnson Lewis will be monitoring updates related...more

Akerman LLP - HR Defense

What Employers Need to Know — Final Rule by the Department of Homeland Security Updating the H-1B Nonimmigrant Worker Visa Program

Akerman LLP - HR Defense on

The U.S. Department of Homeland Security (DHS) recently issued a final rule aimed at modernizing the H-1B nonimmigrant worker visa program, with significant and favorable changes set to take effect on January 17, 2025. These...more

Alston & Bird

The New H-1B Rule Published Wednesday Aims to Modernize the H-1B Visa Program

Alston & Bird on

Our Immigration Team breaks down the many changes U.S. Citizenship and Immigration Services (USCIS) is implementing for the H-1B and F-1 visa programs just ahead of a change in Administrations....more

Holland & Hart - Employers' Lawyers

DHS Finalizes H-1B Modernization Rule Effective January 17, 2025

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in...more

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more

Miles & Stockbridge P.C.

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain...more

Jackson Lewis P.C.

H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C. on

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more

Jackson Lewis P.C.

Department of State Announces Pilot Program for Stateside Processing of Nonimmigrant Visas

Jackson Lewis P.C. on

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited...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

USCIS Agrees to Streamline Ability of Nonimmigrant Dependent Spouses to Secure Employment Authorization

Fisher Phillips on

Federal immigration officials just agreed to streamline the process by which certain nonimmigrant dependent spouses are able to secure employment, reverting to a previous method that should reduce processing times and...more

Mintz - Immigration Viewpoints

USCIS to Expand Premium Processing

On March 29, U.S. Citizenship and Immigration Services (USCIS) announced that it will expand its premium processing service to include additional immigration benefit case types, pursuant to a final rule issued by the...more

Fisher Phillips

Federal Immigration Officials Make More International Students Eligible for STEM Training Program to Delight of Employers

Fisher Phillips on

The Department of Homeland Security recently added 22 new qualifying fields of study to its STEM Designated Degree Program List, which will greatly expand opportunities for international students to remain in the U.S. – and...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

Dickinson Wright

Important Update on Recent DHS and DOL Rule Changes to the H-1B Program

Dickinson Wright on

On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S....more

Dickinson Wright

Recent DHS and DOL Rule Changes to the H-1B Program

Dickinson Wright on

(Updated as of October 9, 2020) - Earlier this week, much anticipated but still surprising news arrived from both the US Department of Homeland Security (DHS) and the US Department of Labor (DOL). ...more

Foley & Lardner LLP

DOL and DHS Amend Rules on Prevailing Wage and H-1B Requirements

Foley & Lardner LLP on

President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more

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

DHS Partially Enjoined From Enforcing Proclamation Suspending Entry of Certain Foreign Nationals

On October 1, 2020, the United States District Court for the Northern District of California issued a limited preliminary injunction enjoining the U.S. Department of Homeland Security (DHS) from “implementing, enforcing, or...more

Fisher Phillips

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

Epstein Becker & Green

Special Immigration Alert: President Trump Expands Immigration Restrictions, DHS Extends Flexibility for Verifying Forms I-9, and...

Epstein Becker & Green on

Presidential Proclamation Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad - On June 22, 2020, President Trump issued a proclamation (“Proclamation”) suspending and limiting the entry of...more

Akin Gump Strauss Hauer & Feld LLP

President Trump Issues Proclamation Suspending Entry of Certain Foreign Workers

- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended. - Proclamation does not apply to anyone currently in the United States. - Proclamation does not apply to anyone who already...more

Holland & Hart LLP

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

Harris Beach Murtha PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

Harris Beach Murtha PLLC on

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

Tarter Krinsky & Drogin LLP

Major Changes For The Business Community: Department Of Homeland Security Releases Spring Regulatory Agenda

The Department of Homeland Security (DHS) released its Spring 2019 Regulatory Agenda, announcing the agency's priorities and how it plans to continue furthering the current administration's immigration-related goals....more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New Public Charge Rule

• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on “public charge” determination. This will affect the processing of...more

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