News & Analysis as of

H-1B Foreign Workers Highly-Skilled Workers Visa

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 -
Gibney Anthony & Flaherty, LLP

[Webinar] H-1B Cap Alternatives: Visa Options for Employers to Consider - April 24th, 12:00 pm ET

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more

Holland & Knight LLP

Not Selected in the H-1B Cap Lottery? There Are Other Immigration Options to Consider

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U.S. Citizenship and Immigration Services (USCIS) announced that it completed its annual H-1B cap lottery selection process for fiscal year (FY) 2026. Given the high number of lottery registrations and fixed number of...more

Fisher Phillips

An Employers’ Guide to Navigating H-1B Season: Answers to Your Top Questions

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Are you confused about how to navigate the timelines and requirements for the H-1B cap season? It’s complicated! The registration window officially opened Friday – and employers that want to hire highly skilled foreign...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

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The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

Seyfarth Shaw LLP

FY2026 H1B Cap Initial Registration Period Announced

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USCIS has announced the H-1B CAP lottery registration period for FY2026. The registration period will be from March 7th to March 24th; USCIS will issue selection notifications by March 31st, allowing petitioners to file H-1B...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces H-1B Lottery Registration Amid Recent Regulatory Changes to the H-1B Program

On February 5, 2025, the United States Citizenship and Immigration Services (USCIS)  announced that the online H-1B lottery will take place from noon ET on March 7, 2025, until noon ET on March 24, 2025. USCIS expects to...more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Hinshaw & Culbertson - Employment Law...

How Employers Should Prepare for H-1B Employment Pre-Registration in March 2025

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization, and gather the...more

Ballard Spahr LLP

Navigating the H-1B Cap Season for FY 2026

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As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an...more

Quarles & Brady LLP

The Top Five Areas of Business Immigration Likely to be Impacted by and How to Prepare for the Second Trump Administration

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This article summarizes key take-aways from our December 3, 2024 webinar titled Business Immigration – What to Expect Under a Second Trump Administration. We focused on what the first Trump Administration proposed or enacted,...more

Troutman Pepper Locke

Top 5 Anticipated Changes to the Immigration Landscape During Trump's New Term

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President Donald Trump's return to the Oval Office is expected to reshape U.S. policies related to immigration. Many of those changes will impact U.S. employers, even those without employees on work visas. Here are the top...more

Mayer Brown

H-1B Modernization: Biden’s Final Move, Trump’s First Challenge?

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The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H‑1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on...more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

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With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Fisher Phillips

Biden Administration Reshapes H-1B Visa Rules: What Employers Need to Know

Fisher Phillips on

Federal immigration authorities issued a new final rule yesterday that reshapes the eligibility criteria for the H-1B visa program, clarifying which foreign workers can apply for the coveted slots and expanding the reach of...more

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

USCIS Reaches FY 2025 H-1B Visa Cap

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to meet the congressionally mandated caps for H-1B visas for fiscal year (FY) 2025. This includes the 65,000 regular cap...more

Faegre Drinker Biddle & Reath LLP

USCIS Announces H-1B Cap Has Been Reached for Fiscal Year 2025

On December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2025 (FY 2025), which...more

Fisher Phillips

Top 6 Workplace Law Developments Tech Employers Can Expect Under President Trump

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Our firm has provided general perspectives on what employers can expect under the next Trump administration – but we are delving into core issues and opportunities for tech employers. Everyone expects President Trump and his...more

Troutman Pepper Locke

Water Cooler Talk: Immigration Insights From ‘The Proposal’

Troutman Pepper Locke on

This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more

Gibney Anthony & Flaherty, LLP

[Webinar] Business Immigration Need to Know: Outlook for 2025 - December 10th, 12:00 pm ET

Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive,...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B Navigators: Preparing for Cap, Registration, and Travel Amid Potential Election-Driven Changes

In this timely webinar, Constangy attorneys Justin Coffey, Barbara Kihumba, and Daniel Ball break down the complexities of the H-1B cap and registration process into five essential steps every employer needs to know. With...more

Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

CDF Labor Law LLP

USCIS Conducts a Second H-1B Lottery Draw

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​​​​​​​On August 1, 2024 UCSIC conducted a second draw from the H-1B lottery pool. Federal law authorizes the issuance of 85,000 new H-1 visas per year....more

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