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H-1B Highly-Skilled Workers Visa Foreign Nationals

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 -
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

Fisher Phillips

USCIS Announces Second H-1B Lottery for FY 2025: 4 Points for Employers

Fisher Phillips on

Federal immigration officials just announced yesterday that they are gearing up to conduct a second round of H-1B selections to ensure all slots for the FY 2025 cap are filled. If you receive new selections, you will be...more

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Dinsmore & Shohl LLP

Smooth Sailing: U.S. Department of State Reports Success with H-1B Visa Renewal Program

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The U.S. Department of State (DOS) reports a smooth start and a lower volume of applications than it anticipated when it launched a pilot program in January of 2024. The initiative allowed individuals whose last H-1B visa was...more

Dunlap Bennett & Ludwig PLLC

The New H-1B Visa Landscape: Opportunities And Changes In 2024

What is an H-1B visa? It may not sound super exciting, but if you are an employer in the tech industry, particularly the high-technology industry, then you know what these are. The H-1B visa is a non-immigrant visa that...more

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

Potential H-1B Cap-Exempt Options for Healthcare Employers

As the fiscal year (FY) 2025 H-1B cap season quickly approaches, it is worth remembering that certain employers of healthcare professionals, such as healthcare systems and hospitals, may be eligible for H-1B cap-exemption....more

Fisher Phillips

Employees Can Renew Their H-1B Visas Stateside as of January 29: An Employer’s 4-Point Plan

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We told you that stateside H-1B visas were on their way back – and now we have a date. Starting January 29, H-1B visa holders will be allowed to renew their expiring or about-to-expire visas without leaving the U.S. This...more

Mitratech Holdings, Inc

[Webinar] Preparing for the H-1B Lottery: What We Know & Tips for Success - December 20th, 12:00 pm CT

Mitratech Holdings, Inc on

The H-1B Visa 2024 filing season is right around the corner. Are you prepared? This expert webinar will ensure you’re ready. H-1B season is upon us, and with only a few short months left to file, now is a crucial time to...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Burr & Forman

Domestic Visa Renewal Could Return in 2024

Burr & Forman on

The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Akerman LLP - HR Defense

It’s a Bird! It’s a Plane! No, It’s Domestic Visa Renewal!

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Every few years, employees working in the United States on nonimmigrant visas such as the H-1B and L-1 are forced to undertake the arduous journey to renew their visas at a consular post abroad. A valid visa is needed to both...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more

Fisher Phillips

USCIS Will Implement Second Round of H-1B Cap Registration Lottery Selection for FY2024

Fisher Phillips on

Federal immigration officials announced Thursday that they will conduct a second round of its random computer-generated H-1B cap registration lottery for those U.S. employers that timely registered their foreign national...more

Faegre Drinker Biddle & Reath LLP

O-1A Status: An Extraordinary Alternative to Consider at the Close of a Disappointing H-1B Season

As June comes to a close, employers of the lucky foreign nationals selected in the FY2024 H-1B lottery are working to file their H-1B petitions by the June 30, 2023, deadline. This year, the United States Citizenship and...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

UB Greensfelder LLP

USCIS to Open 2024 H-1B Registration on March 1, 2023

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that the registration period for fiscal year 2024 H-1B cap numbers will open at noon Eastern on Wednesday March 1, 2023, and run through noon Eastern on...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

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A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Fisher Phillips

Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

Fisher Phillips on

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23...more

Fisher Phillips

H-1Bs and Beyond: 8 Tips for Employers to Hire Foreign Nationals During a Labor Shortage

Fisher Phillips on

Employers around the country are finding it difficult to fill their workforce needs for a variety of reasons. Workers may be reluctant to return to the office after pandemic-related closures – or they may have moved to other...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

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Akerman LLP - HR Defense

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...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

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Will Open on March 1, 2022

For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window starts on March 1...more

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