News & Analysis as of

H-1B Immigrants Registration Requirement

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 -
Constangy, Brooks, Smith & Prophete, LLP

USCIS overhaul of H-1B process results in far fewer multiple registrations

Data from the Fiscal Year 2025 H-1B registration process has recently been released by the U.S. Citizenship and Immigration Services. The data show that changes intended to reduce the number of multiple registrations for the...more

Tarter Krinsky & Drogin LLP

The H-1B Initial Registration Period Has Closed – What to Expect Next

On Monday, March 25 at Noon EDT, United States Citizenship and Immigration Services (USCIS) closed the initial H-1B registration period. The agency stated that it will soon randomly select enough unique beneficiaries of...more

Mayer Brown

United States: Important Updates for Employers Regarding the H1-B Visa Lottery for Professional Employees (Open From March 6 - 22,...

Mayer Brown on

To retain the best global talent, many US employers leverage the annual H-1B visa lottery to secure work authorization for new employees. It allows employers to temporarily employ foreign workers in occupations that require a...more

Akerman LLP - HR Defense

USCIS Launches New Organizational Accounts Platform to Facilitate the H-1B Lottery Registration Process

The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate...more

Seyfarth Shaw LLP

USCIS Announces Significant Fee Increases Effective on April 1, 2024

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Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits....more

Troutman Pepper

The Annual H-1B Cap Lottery: An Overview

Troutman Pepper on

Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a...more

Cozen O'Connor

FY2024 H-1B Registration Recap

Cozen O'Connor on

On March 27, 2023, USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the...more

Mintz

Potential Fraud with H-1B Registration Submissions

Mintz on

A SHRM article posted yesterday indicates that USCIS has discovered potential collusion among a number of technology companies to submit multiple H-1B registrations on behalf of the same beneficiaries. According to the...more

Burr & Forman

FY2024 H-1B Cap Registration Period Approaching

Burr & Forman on

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to announce the H-1B cap...more

Gibney Anthony & Flaherty, LLP

H-1B Cap Alternatives: Visa Options for the Healthcare Industry and Biotechnology Companies

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional (degree-requiring) positions.  Most H-1B visas are subject to an annual quota or “cap.”  These are often referred to as...more

Gibney Anthony & Flaherty, LLP

H-1B Cap Petitions Effective October 1, 2022

PETITIONS FILED AS CHANGE OF STATUS - Fiscal year 2023 H-1B cap petitions filed as “change of status” and approved by USCIS automatically took effect on October 1, 2022 if the beneficiary: - was physically present in...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2023 H-1B cap season has begun: What you need to know

The H-1B cap season is here for Fiscal Year 2023. Once again, there will be a two-step process – the registration step and then, if the registration is selected, the petition step. This will be the third year that the...more

Tonkon Torp LLP

FY2023 H-1B Cap Registration – What You Need to Know

Tonkon Torp LLP on

Registrations for the FY2023 H-1B quota must be submitted electronically to USCIS in March 2022. USCIS will designate a registration period shortly, which should be a minimum two week window. USCIS will charge a $10 fee per...more

Amundsen Davis LLC

H-1B Filing Season: Time To Review Visa Status Expirations For Foreign National Employees

Amundsen Davis LLC on

With H-1B season upon us, it is time to review the visa status expirations for foreign national employees. There may be some who will need to change visa status to H-1B for continued employment with your company. For example,...more

Kramer Levin Naftalis & Frankel LLP

H-1B Cap Season, Mandatory COVID-19 Testing for All International Air Travelers to the US, and I-90 Receipt Rule

We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS Runs A Second H-1B Cap Lottery

On August 14, the U.S. Citizenship and Immigration Services confirmed it had run a second H-1B lottery for fiscal year 2021 and sent out notifications regarding new H-1B registration selections. The USCIS had not yet met the...more

Akerman LLP - HR Defense

Deadline Rapidly Approaching To Register Online for H-1B Visa Lottery

The rush is on: U.S. employers looking to hire foreign professionals through H-1B sponsorship must register online for the annual lottery by noon (12:00 pm) EST on March 20, 2020. Employers petitioning for cap-subject H-1B...more

Littler

H-1B Cap Registration Update

Littler on

In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more

Kramer Levin Naftalis & Frankel LLP

USCIS Provides Additional Guidance for H-1B Electronic Registration Process for FY 2021 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more

Akin Gump Strauss Hauer & Feld LLP

H-1B Lottery to Take Place a Month Earlier This Year

- New DHS regulation mandates use of an electronic H-1B registration system. - Registration system will be open for only 20 days. - Employers who win H-1B lottery but then do not file H-1B petitions may be penalized....more

Ballard Spahr LLP

New USCIS Process for H-1B Lottery Begins March 1

Ballard Spahr LLP on

Employers seeking to employ H-1B workers must register with the U.S. Citizenship and Immigration Services (USCIS) by March 20, 2020, to be eligible for the FY 2021 H-1B lottery. ...more

Stinson LLP

H-1B Registration Lottery Schedule Announced $10 to Enter

Stinson LLP on

As we previously advised, the H-1B lottery process is undergoing changes for cap-subject employers. The H-1B is the most common professional work visa, limited by a numerical quota of 65,000 regular cap approvals per year,...more

Polsinelli

H-1B Cap Season

Polsinelli on

USCIS has confirmed they will open the new H-1B Lottery pre-registration portal on March 1, 2020. The H-1B visa is available to companies wishing to hire a foreign worker to fill a “specialty occupation” which is defined as a...more

Foster Garvey PC

Employers Should Start Preparing for Upcoming H-1B Cap

Foster Garvey PC on

H-1B cap filing season is fast approaching. U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming new H-1B cap electronic registration commencing this year on...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

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