News & Analysis as of

H-1B I-140

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

Cozen O'Connor

USCIS Fee Increase: What You Need to Know to Plan Your 2024 Immigration Budget

Cozen O'Connor on

Starting April 1, 2024, United States Citizenship and Immigration Services (USCIS) will implement a meaningful fee increase, the first increase since 2016. Numerous case types and specific forms will receive significant fee...more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dickinson Wright

The No Brainer Immigration Prediction for 2023: Homeric Backlogs and Delays – 10 Notes to Self for Surviving

Dickinson Wright on

U.S. immigration law has always been challenging with ever-changing rules and policies and their far-reaching effects. However, the constant complication post-pandemic has been the unpredictability of processing times and...more

Harris Beach PLLC

Be Alert if Relying on Prior Employers’ I-140 Approvals to Extend H-1B Status

Harris Beach PLLC on

When U.S. employers hire a foreign worker who is maintaining H-1B status with another employer, they are required to file an H-1B transfer petition. It also behooves the hiring employer to screen those candidates to determine...more

Fisher Phillips

USCIS Expands Premium Processing in Further Effort to Reduce Immigration Backlog and Processing Delays

Fisher Phillips on

Since the start of the COVID-19 pandemic, processing delays have plagued the USCIS and frustrated many employers and foreign nationals applying for and extending their visas. At its peak in January 2022, the USCIS had a...more

Harris Beach PLLC

USCIS to Increase Filing Fees, Implement Revised Benefit Request Forms

Harris Beach PLLC on

Beginning October 2, 2020, U.S. Citizenship & Immigration Services (USCIS) will be increasing its filing fees for many of the most commonly filed benefit requests. Applications or petitions postmarked on or after that date...more

Jackson Walker

USCIS Resumes Premium Processing

Jackson Walker on

USCIS has recently announced it will resume premium processing for forms I-129 and I-140 in phases over the next month. Please see the agency’s announced schedule below. USCIS will accept premium processing requests on the...more

Epstein Becker & Green

June 2020 Immigration Alert

USCIS Resumes Premium Processing - USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing.  Premium processing was indefinitely suspended as...more

Tarter Krinsky & Drogin LLP

USCIS Resumes Premium Processing For I-129 And I-140 Petitions In A Phased-In Approach

Premium processing, the vehicle utilized by many U.S. petitioners filing for nonimmigrant and immigrant-based benefits, is being resumed by U.S. Citizen and Immigration Services (USCIS) with a phased-in approach commencing...more

Morgan Lewis

USCIS Resumes Premium Processing on Phased Schedule Beginning June 1, 2020

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) announced Friday that it will resume premium processing for certain petitions in phases over the next month....more

Seyfarth Shaw LLP

COVID-19 Immigration Updates From the Agencies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more

Jackson Lewis P.C.

What Processing Delays In Immigration Cases Mean

Jackson Lewis P.C. on

Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014. ...more

Clark Hill PLC

Immigration Law Update: USCIS Publishes Final Rule, New AAO NIW Standard

Clark Hill PLC on

On November 18, 2016, US Citizenship and Immigration Services (USCIS) published a final rule aimed at improving several aspects of certain employment-based immigrant and nonimmigrant visa programs. This rule codifies...more

Bond Schoeneck & King PLLC

USCIS Increases Filing Fees Effective December 23, 2016

For the first time since November 2010, the filing fees for many of the petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase, effective December 23, 2016. All applications...more

Baker Donelson

USCIS New Rule Implements Old Laws with a Few Twists

Baker Donelson on

USCIS has published a final rule, to take effect January 17, 2017, ensconcing in regulations most of the policies it had long ago worked out in memorandums implementing provisions of 1998 and 2001 laws intended to bridge some...more

Morgan Lewis

Long-Awaited DHS Regulation to Ease Job Portability Announced

Morgan Lewis on

The final regulation, which will take effect on January 17, 2017, clarifies USCIS policies and improves job portability for highly skilled foreign workers....more

Epstein Becker & Green

Immigration Policy Choices Under the New Administration

Epstein Becker & Green on

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Fisher Phillips

U.S. Department of Homeland Security Issues Final Rule on Immigrant Visa Petition Retention and Program Improvements Affecting...

Fisher Phillips on

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take...more

Proskauer Rose LLP

Mark Your Calendars: USCIS Raises Filing Fees Effective December 23

Proskauer Rose LLP on

The United States Citizenship and Immigration Services (USCIS) announced on October 24, 2016 that effective December 23, 2016 fees for most nonimmigrant and immigrant petitions will increase by an average of 21 percent. This...more

Fisher Phillips

Department of Homeland Security Issues Proposed Regulations Regarding Retention and Portability of High-Skilled Workers

Fisher Phillips on

On December 31, 2015, the Department of Homeland Security (“DHS”) issued proposed regulations to address the retention and portability of high-skilled foreign workers. The new regulations were promulgated in furtherance of...more

Faegre Drinker Biddle & Reath LLP

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

Littler

DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

Littler on

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more

Morgan Lewis

Department of State Releases October 2015 Visa Bulletin

Morgan Lewis on

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...more

Lathrop GPM

USCIS to Grant Employment Authorization to Spouses of Certain H-1B Workers

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U.S. Citizenship & Immigration Services (“USCIS”) announced Tuesday, February 24th that spouses of certain H-1B workers will be eligible to apply for employment authorization effective May 26, 2015. Those eligible are spouses...more

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