News & Analysis as of

H-1B E-3 Immigration Procedures

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 -
Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Holland & Knight LLP

Employers, Get Ready: H-1B Cap Lottery Season Is Almost Here

Holland & Knight LLP on

Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more

Jackson Lewis P.C.

Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

Jackson Lewis P.C. on

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over...more

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

Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...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

Lippes Mathias LLP

Avoiding H-1B Status: Some Workable Options

Lippes Mathias LLP on

The biggest problem with H-1B status is that Congress has authorized so few of them to be approved on an annual basis. For some non-profit employers, the cap on the numbers does not impact them... Originally published by...more

Littler

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

Littler on

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Cap Lottery? The Other Visa Options to Consider

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...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

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

Dorsey & Whitney LLP on

The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Gibney Anthony & Flaherty, LLP

H-1B Cap Alternatives: Visa Options for the Healthcare Industry and Biotechnology Companies

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional (degree-requiring) positions.  Most H-1B visas are subject to an annual quota or “cap.”  These are often referred to as...more

Burr & Forman

Department of Labor Announces Updates Regarding Prevailing Wages For Certain Foreign Temporary and Permanent Workers

Burr & Forman on

On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more

Quarles & Brady LLP

OFLC Guidance on Hurricane Ida Impact

Quarles & Brady LLP on

Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...more

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

Beltway Buzz - April 2021

Administration Debuts Infrastructure Package. Just weeks after enacting the $1.9 trillion American Rescue Plan Act, the Biden administration this week unveiled the American Jobs Plan - its $2.3 trillion infrastructure...more

Epstein Becker & Green

March 2021 Immigration Alert

Epstein Becker & Green on

USCIS’s FY 2022 H-1B Cap Electronic Registration Begins Beginning 12:00 p.m. ET (9:00 a.m. PT) on March 9, 2021, until 12:00 p.m. ET (9:00 a.m. PT) on March 25, 2021, U.S. Citizenship and Immigration Services (“USCIS”) will...more

Faegre Drinker Biddle & Reath LLP

Immigration and Employment Considerations for Nonprofit Organizations

Nonprofit tax-exempt organizations have unique considerations with respect to navigating U.S. immigration processes and entity formation. Organizations hiring new talent or bringing employees across borders need to be aware...more

FordHarrison

USCIS Gears up for the H-1B FY22 Cap Cycle

FordHarrison on

Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...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

Morgan Lewis

DOL Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective June 30, 2021, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels, resulting...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Morgan Lewis

Federal Court Sets Aside DOL and DHS Rules Restricting H-1B Category; Appeal Likely

Morgan Lewis on

The US District Court for the Northern District of California on Tuesday set aside two Interim Final Rules (IFRs) that sought to restrict severely eligibility for the H-1B Specialty Occupation nonimmigrant category....more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide