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H-1B Employer Liability Issues Visa Caps

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 -
Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

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The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...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

Gibney Anthony & Flaherty, LLP

USCIS Fiscal Year (FY) 2025 H-1B Cap Reached

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2025 H-1B cap. USCIS conducted its initial H-1B cap lottery in March 2024, and employers with selected registrations had a...more

Moore & Van Allen PLLC

MVA Immigration News Roundup

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Welcome to the first installment of MVA’s Business Immigration Quarterly! Each quarter we will be bringing you a roundup of current trends, important issues, and interesting topics in the business immigration community. ...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August To-Do List

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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

Gibney Anthony & Flaherty, LLP

USCIS Will Conduct Second FY 2025 H-1B Cap Lottery

USCIS has announced that it will soon conduct a second round of H-1B cap lottery selection for fiscal year (FY) 2025 H-1B cap from the previously submitted registrations. USCIS has not indicated when the lottery will take...more

Gibney Anthony & Flaherty, LLP

FY 2025 H-1B Cap Registration Period Extended

USCIS has extended the fiscal year 2025 (FY 2025) H-1B cap registration period. The new deadline to submit cap registrations is Monday, March 25, 2024 at noon Eastern Daylight Time. The extension comes after employers and...more

Dentons

Electronic H-1B Petitions Available Soon

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U.S. Citizenship and Immigration Services (USCIS) is expanding its electronic filing access to encompass all H-1B filings. This includes H-1B “cap” or “lottery” registrations and “non-cap” petitions through the rollout of...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second FY 2024 H-1B Cap Lottery

USCIS completed the second H-1B cap lottery for fiscal year (FY) 2024 H-1B cap on July 31, 2023. All employers with selected registrations have been notified. Employers with selected registrations from the second lottery may...more

Gibney Anthony & Flaherty, LLP

USCIS to Conduct Second FY 2024 H-1B Cap Lottery

On July 27, USCIS announced that it will conduct a second lottery for the fiscal year (FY) 2024 H-1B cap. USCIS has not yet indicated when the second lottery will occur....more

Amundsen Davis LLC

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

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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

Gibney Anthony & Flaherty, LLP

Plan Now for H-1B CAP Registration

U. S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2024 H-1B cap in March 2023. Employers should start planning for cap registration now by...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

Gibney Anthony & Flaherty, LLP

H-1B Cap Petitions Effective October 1, 2022

PETITIONS FILED AS CHANGE OF STATUS - Fiscal year 2023 H-1B cap petitions filed as “change of status” and approved by USCIS automatically took effect on October 1, 2022 if the beneficiary: - was physically present in...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

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Gibney Anthony & Flaherty, LLP

USCIS to Continue Electronic Registration for FY 2023 H-1B Cap Season from March 1 - 18

USCIS formally confirmed that it will continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run from March 1 through March 18, 2022. H-1B CAP FY ‘23...more

ArentFox Schiff

Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

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Many F-1 OPT foreign nationals have been approved for H-1B status effective October 1st in this year’s H-1B lottery Employers and F-1 workers should be careful during the transition from F-1 to H-1B status to ensure they...more

Gibney Anthony & Flaherty, LLP

USCIS Selects Additional  FY 2022 H-1B Cap Registrations: What Employers and Foreign Nationals Need to Know

USCIS conducted a second lottery for the fiscal year (FY) 2022 H-1B cap on July 28, 2021 and has notified employers that additional registrations have been selected. Employers with selected registrations from the second...more

Gibney Anthony & Flaherty, LLP

H-1B Initial Electronic Registration Selection Process Completed - Update

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

Moore & Van Allen PLLC

H-1B Cap Update: Employer Registration Accounts

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The registration period for H-1B cap-subject petitions is rapidly approaching! As a reminder, the registration window opens at noon ET on March 9, 2021 and closes at noon ET on March 25, 2021. All beneficiaries must be...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Littler

USCIS Announces Timeline for FY 2021 H-1B Electronic Pre-Registration Process

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On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more

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