News & Analysis as of

H-1B Immigration Procedures I-129

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

USCIS Announces Receipt Notice Delays From Lockbox Locations

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) began requiring certain I-129 petitions, historically filed at service centers, to instead be filed at its various lockbox facilities. USCIS confirmed on...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

Seyfarth Shaw LLP

New Year, New Fees: Proposed USCIS Fee Increases

Seyfarth Shaw LLP on

On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more

Holland & Hart - Employers' Lawyers

Immigration Updates in COVID-19 Times

International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and other...more

Morgan Lewis

Immigration Developments: USCIS and Visa Updates

Morgan Lewis on

This alert summarizes a number of important developments affecting business immigration that occurred last week, including a number of federal court decisions enjoining certain presidential and regulatory actions, as well as...more

Cozen O'Connor

Changes to USCIS Fee Schedule and Forms

Cozen O'Connor on

On August 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20%....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

Sherman & Howard L.L.C.

Time to Prepare H-1B Petitions

To seek H-1B “professional” work authorization for foreign recruits during 2018 employers should start now to get their preliminary Labor Condition Applications filed with the U.S. Department of Labor. Preparations must then...more

Jackson Lewis P.C.

USCIS Formalizes Policy On Lack Of Deference To Previously Approved Petitions

Jackson Lewis P.C. on

All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously...more

Moore & Van Allen PLLC

Premium Processing Resumed for all H-1B Petitions

Moore & Van Allen PLLC on

USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions. Over the past few months, USCIS has progressively re-opened premium...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

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