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H-1B Immigration Procedures F-1 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 -
Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

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U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

ArentFox Schiff

It’s H-1B Lottery Time Again and There Is a New Lottery System

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more

Holland & Knight LLP

Employers, Get Ready: H-1B Cap Lottery Season Is Almost Here

Holland & Knight LLP on

Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more

Holland & Knight LLP

USCIS Takes First Step Toward Modernization of the H-1B Program

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The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more

Jackson Lewis P.C.

H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C. on

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more

Warner Norcross + Judd

Time to Get Ready for the H-1B Filing Season

Warner Norcross + Judd on

It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at...more

Miller Canfield

USCIS Reaches Fiscal Year 2024 H-1B Cap

Miller Canfield on

U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree master’s cap and has completed the H-1B selection process...more

Akerman LLP - HR Defense

A Modern Approach: USCIS Proposes to Update the H-1B Program

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USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

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The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Jackson Lewis P.C.

Proposed Rule to Reform, Modernize H-1B Program

Jackson Lewis P.C. on

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

Jackson Lewis P.C.

DHS to Propose Amending H-1B, F-1 Regulations

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on

Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more

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

Potential Changes Coming to the H-1B Program

On September 19, 2023, U.S. Citizenship and Immigration Services (USCIS) submitted proposed regulations for federal review entitled “Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program.”...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

Dentons

H-1Bs – Caps, Gaps, and Status

Dentons on

Q: When can I start working in H-1B status? A: Registrants in the fiscal year (FY) 2024 lottery cannot begin employment until October 1, 2023....more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Holland & Knight LLP

Not Selected in the H-1B Lottery? Now What?

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Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more

CDF Labor Law LLP

FY 2024 H-1B Lottery Registration Period Opens March 1

CDF Labor Law LLP on

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...more

ArentFox Schiff

Time for Employers to Decide Who They Are Sponsoring for H-1Bs

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 12:00 pm EST on March 1, 2023, to 12:00 pm EST on March...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

Dorsey & Whitney LLP on

The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a 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

Quarles & Brady LLP

Alternatives to H-1B Status for F-1 OPT Employees

Quarles & Brady LLP on

The H-1B lottery for Fiscal Year (FY) 2023 was conducted in March 2022. USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations, which is the projected amount needed to reach the FY2023...more

Tarter Krinsky & Drogin LLP

The Latest Immigration Developments: Temporary Protected Status for Ukraine and H1-B Pre-Registration 2022 Increase

Secretary Of Homeland Security Mayorkas Has Designated Ukraine for Temporary Protected Status for 18 Months, Commencing April 19, 2022 and Concluding on October 19, 2023....more

CDF Labor Law LLP

Is the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?

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An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team.  This new graduate is a foreign student utilizing the one-year Optional Practical Training...more

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