News & Analysis as of

H-1B Immigrants Employment Authorization Documents (EAD)

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 -
Quarles & Brady LLP

The Top 5 Actions for H-1B Cap Employers to Take as of October 1, 2024

Quarles & Brady LLP on

Once an employee’s H-1B change of status becomes effective on October 1, certain obligations are required of sponsoring employers. Employers, please take note of these reminders today....more

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

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

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

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

Tarter Krinsky & Drogin LLP

Significant Changes For Employment Authorization Capability For H-4 and L-2 Spouses Result From Federal Court Lawsuit and...

U.S. Citizenship and Immigration Services (USCIS) is expected to release new guidelines for employment authorization which will affect H-4 and L-2 spouses resulting from a settlement agreement reached in a federal court...more

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Nilan Johnson Lewis PA on

Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...more

Burr & Forman

So Your Employee Wasn’t Selected in the H-1B Lottery… Now What?

Burr & Forman on

On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process.  Beginning April 1st, those selected were eligible to start filing.  But what if your employee was not selected? ...more

Burr & Forman

Top 5 Immigration Expectations Under the Biden Presidency

Burr & Forman on

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more

Seyfarth Shaw LLP

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

Jackson Lewis P.C.

H, L Visas On DHS Regulatory Agenda

Jackson Lewis P.C. on

According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers. Over the past few years, DHS has changed the way it...more

Polsinelli

Delays for Foreign Workers’ Families May Result From Season of Immigration Change

Polsinelli on

With the H-1B cap season upon us, the government continues to churn out substantial updates and changes that impact how this year’s H-1B cap season will progress, including new impacts on the foreign workers’ family members....more

Jackson Lewis P.C.

DHS Moves To Rescind H-4 EAD Rule For Spouses Of H-1B Workers

Jackson Lewis P.C. on

DHS has made the first move to rescind the H-4 EAD Rule: sending the proposed rule to the Office of Management and Budget (OMB) for review. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers...more

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Rescission To Move Forward

Jackson Lewis P.C. on

The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security. The...more

Jackson Lewis P.C.

Department Of Homeland Security Fall 2018 Agenda Portends Big Changes For H-1B Visa, Other Programs

Jackson Lewis P.C. on

The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking...more

Carlton Fields

Employers Must Plan Ahead to Mitigate H-1B Visa Processing Delays

Carlton Fields on

The Trump Administration has passed no new immigration legislation or regulation. However, the administration’s stated focus on protecting the American worker, as articulated in its 2017 Buy American and Hire American...more

Dickinson Wright

What’s New in Immigration Law?

Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Kramer Levin Naftalis & Frankel LLP

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more

FordHarrison

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

FordHarrison on

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

Mintz

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

Mintz on

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

Carlton Fields

What will U.S. Business Immigration Look Like Under A Trump Administration?

Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Moore & Van Allen PLLC

USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses

Moore & Van Allen PLLC on

The Department of Homeland Security has proposed to provide work authorization benefits to spouses of H-1B visa holders. If this proposal is put into effect it will allow dependents to apply for an EAD, or an Employment...more

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