News & Analysis as of

H-1B Employment Authorization Documents (EAD) 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 -
Hinshaw & Culbertson - Employment Law...

5 New USCIS Clarifications for Individuals With H-1B Status

U.S. Citizenship and Immigration Services (USCIS) has published a new FAQ to provide clarity and potentially encourage entrepreneurship among individuals with H-1B status. This FAQ contains a number of helpful updates and...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

Kerr Russell

Immigration Insider | March 2024

Kerr Russell on

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the...more

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

USCIS Issues Final Rule Increasing Filing Fees

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register to adjust immigration benefit request fees, effective April 1, 2024. The agency has stated that the “[t]he...more

Morgan Lewis

Employers: Time to Begin Planning for the Fiscal Year 2025 H-1B Filing Season

Morgan Lewis on

Employers should begin evaluating their H-1B needs for fiscal year (FY) 2025. Each January, US Citizenship and Immigration Services (USCIS) releases dates for the H-1B cap registration processes, with registration generally...more

Fox Rothschild LLP

The Clock Is Ticking: H-1B Cap Season Is Here - Updated December 2023

Fox Rothschild LLP on

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty...more

Fox Rothschild LLP

UPDATE: Stateside H-1B Visa Renewal Pilot Program Coming Soon

Fox Rothschild LLP on

The U.S. State Department (U.S. DOS) has taken a step toward resuming issuance of H-1B visa stamps from within the United States. It is anticipated that this could begin in early 2024 with a limited pilot program to test the...more

Amundsen Davis LLC

Minimize Your Cost by Starting the Green Card Process Early

Amundsen Davis LLC on

In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...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

Parker Poe Adams & Bernstein LLP

USCIS Proposes Historic Fee Increase for Immigration Applicants

U.S. Citizenship and Immigration Services (USCIS) has proposed historic increases to its fee schedule for immigration benefit applications. Under the proposed fee rule, the filing fee for common employment-based applications...more

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

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more

Parker Poe Adams & Bernstein LLP

USCIS Agrees to Bundle Adjudications of H-4/H-4 EADs and L-2 Dependent Applications

In the recent legal settlement of Edakunni v. Mayorkas, the U.S. Citizenship and Immigration Services (USCIS) has agreed to resume adjudicating H-4 and L-2 dependent and H-4 employment authorization petitions at the same time...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

Dentons

Faster Processing for H-4 and L-2 Dependents Starting January 25, 2023 – Including Work Permission

Dentons on

In an excellent development, as of January 25, 2023, the U.S. government agreed to resume the process of “bundling” H-4 and L-2 dependent applications, – including I-765 work permission applications, with the H-1B and L-1...more

Sherman & Howard L.L.C.

It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after...more

Morgan Lewis

Employers: H-1B Filing Season for Fiscal Year 2024 Is Here

Morgan Lewis on

Employers should begin assessing their H-1B needs for fiscal year (FY) 2024 now. Each year, US Citizenship and Immigration Services (USCIS) releases dates for the H-1B cap registration processes by the end of January, with...more

Tonkon Torp LLP

FY2024 H-1B Cap Registration – What You Need to Know

Tonkon Torp LLP on

Registrations for the FY2024 H-1B quota must be submitted electronically to USCIS in March 2023. We expect USCIS to designate a two-week registration period shortly. Last year USCIS charged a $10 fee per registration....more

Fox Rothschild LLP

The Clock is Ticking: H-1B Cap Season Is Here

Fox Rothschild LLP on

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty...more

CDF Labor Law LLP

[Webinar] So You Want To Hire an H-1B Professional? Pros and Cons of Hiring and Retaining Professional Foreign National Talent -...

CDF Labor Law LLP on

Many employers cannot find enough professional U.S. workers to meet their needs, especially in today's tough hiring market. Many competitive applicants indicate that they need visa support on their employment applications....more

Tarter Krinsky & Drogin LLP

USCIS Concludes March H-1B Pre-Registration Lottery Selection and Announces Expansion of Premium Processing and Commitment to...

U.S. Citizenship and Immigration Services (USCIS) announced March 29, 2022 that it had completed its H-1B random lottery selections after receiving sufficient submissions for its annual H-1B quota during the H-1B...more

Kramer Levin Naftalis & Frankel LLP

USCIS Announces Major Backlog Reduction Effort, Expansion of Premium Processing for Certain Filings, and FY 2023 H-1B Lottery Cap...

In a long overdue development, United States Citizenship and Immigration Services (USCIS) announced it is finally taking action in tackling its massive backlogs — a major problem that has plagued the agency for several years...more

ArentFox Schiff

Time for Employers to Decide Who They Are Sponsoring for H-1B’s - Update

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. What to Know - - The lottery registration period will be from noon EST on March 1, 2022 to noon EST on March 18, 2022,...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

60 Results
 / 
View per page
Page: of 3

"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