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H-1B Filing Requirements 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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Announces Receipt Notice Delays From Lockbox Locations

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) began requiring certain I-129 petitions, historically filed at service centers, to instead be filed at its various lockbox facilities. USCIS confirmed on...more

UB Greensfelder LLP

The FY 2025 H-1B Cap Has Been Reached! Now What?

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U.S. Citizenship and Immigration Services (USCIS) announced on April 1 that it has received enough electronic registrations during the initial registration period to reach the Fiscal Year (FY) 2025 H-1B cap. Applicants...more

UB Greensfelder LLP

USCIS to Expand Existing Online Filing Capabilities

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In a Public Engagement Announcement posted last week, U.S. Citizenship and Immigration Services (USCIS) announced expansions of its existing online filing capabilities. Specifically, starting in February 2024, USCIS will...more

Gibney Anthony & Flaherty, LLP

Stateside Visa Renewal to Begin January 29, 2024

As anticipated, on December 21, 2023, the Department of State (DOS) published the Federal Register notice announcing its stateside visa renewal pilot program for H-1B visa holders. The notice outlines the program requirements...more

Dentons

H-1Bs – Caps, Gaps, and Status

Dentons on

Q: When can I start working in H-1B status? A: Registrants in the fiscal year (FY) 2024 lottery cannot begin employment until October 1, 2023....more

Gibney Anthony & Flaherty, LLP

FY 2024 H-1B Cap Registration Dates Announced

USCIS announced that the initial electronic registration period for the fiscal year (FY) 2024 H-1B cap season will run from noon Eastern on March 1 through noon Eastern on March 17, 2023....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

Akerman LLP - HR Defense

Luck Strikes Twice for Certain FY 2021 H-1B Petitioning Employers

Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers...more

Tarter Krinsky & Drogin LLP

Law Brief: H-1B Visas – New Process and New (Upcoming) Deadlines

Immigration partner Roxanne Levine joined Litigation partner and host Rich Schoenstein to discuss the new filing process for H-1B visas, which provide a nonimmigrant temporary visa category for certain foreign nationals that...more

Seyfarth Shaw LLP

Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda — Agency Also Offers Unclear Guidance on H-1B...

Seyfarth Shaw LLP on

In the wake of recent losses in the federal courts, U.S. Citizenship and Immigration Services (USCIS) – on June 17, 2020 – issued a memorandum that rescinds two agency policies which, for more than ten years, had forced...more

FordHarrison

New Registration Process for FY 2021 H-1B Filing Season

FordHarrison on

A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more

Miles & Stockbridge P.C.

New H-1B Lottery Process in 2020!

Miles & Stockbridge P.C. on

As we approach the holiday season, immigration practitioners, interested employers, and foreign nationals are gearing up for yet another H-1B lottery season. The upcoming lottery season will be significantly different than in...more

UB Greensfelder LLP

USCIS Announces New Pre-Filing Registration System for 2020 H-1B Filing Season

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U.S. Citizenship and Immigration Services (USCIS) has announced that it will use its new online registration system in next year’s filing season for H-1B specialty occupation visas, which will allow employers to wait until...more

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

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

Epstein Becker & Green

March 2019 Special Immigration Alert #2

Epstein Becker & Green on

Fiscal Year 2020 H-1B Cap Petition Filings Are Not Eligible for Premium Processing - On March 12, 2019, U.S. Citizenship and Immigration Services (“USCIS”) opened premium processing eligibility for all H-1B petitions...more

Burr & Forman

DHS Proposes Major Lottery Changes Ahead Of H-1B Filing Season

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Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips on

The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...more

Mintz - Immigration Viewpoints

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2016

This alert is a reminder of the rapidly approaching April 1, 2015 deadline for the filing of H-1B visa petitions for Fiscal Year 2016. Petitions for the new fiscal year, which starts on October 1, 2015, will be accepted by...more

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