News & Analysis as of

H-1B Immigration Procedures Visa Applications

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 -
Gibney Anthony & Flaherty, LLP

Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives  

With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B...more

Littler

USCIS to Implement Varying Filing Fees by Visa Category

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In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more

Burr & Forman

Early Visa Extension Filings Could Save Employers Money as USCIS Increases Filing Fee

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Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more

FordHarrison

2024 Business Immigration Update

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Executive Summary: Recent reports from the U.S. Department of State (DOS) make clear that American companies need foreign talent more than ever before, and...more

CDF Labor Law LLP

[Webinar] The Good, the Bad, and the Ugly: Navigating the H-1B Visa in 2024 - February 22nd, 10:00 am PT

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This complimentary webinar will be led by Richard M. Green, Partner & Chair of CDF's Immigration Practice Group, and will delve into the critical aspects of the H-1B visa. This webinar will explore general eligibility, recent...more

Adams and Reese LLP

Navigating the H-1B Visa Lottery Registration: Essential Guide for Employers

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As the H-1B visa lottery registration for the USCIS fiscal year 2025 approaches, it is crucial to understand the process and prepare accordingly. This annual event continues to attract significant attention from...more

Alston & Bird

Everything You Need to Know About the H-1B Visa Stateside Renewal Pilot Program

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Our Immigration Team breaks down the State Department’s pilot program to process domestic visa renewals. Allowing applicants to remain in the U.S. while renewing their visas will ease the burdens on both business and the...more

Dickinson Wright

Coming January 29: 20,000 H-1Bs for Visa Renewal – What You Need to Know!

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As outlined in an earlier Immigration Insights & Issues blog post, the U.S. Department of State (DOS) posted a proposal to resume the renewal of limited visas in the U.S. after almost 20 years via a pilot program. Finally, on...more

Stinson LLP

Stateside H-1B Visa Pilot Program Launch

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Beginning January 29, 2024, under a pilot program, the U.S. Department of State will allow certain H-1B visa holders to renew their expired or expiring H-1B visas from within the United States, rather than needing to travel...more

Tarter Krinsky & Drogin LLP

New Year, New H-1B Visa Updates

The H-1B visa, highly sought after and a valuable route for foreign nationals to ultimately pursue U.S. residence status, will become available for pre-registrations in the lottery submission process in March 2024. We await...more

Constangy, Brooks, Smith & Prophete, LLP

Pilot program for domestic renewal of H-1B visas will go live on January 29

On December 21, the U.S. Department of State issued regulations with details of its pilot program for issuance of renewed H-1B visa stamps in the United States. The pilot program eliminates the need for applicants to obtain...more

Seyfarth Shaw LLP

U.S. Immigration Alert: Department of State Establishes H-1B Visa Renewal Pilot Program in the United States

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Seyfarth Synopsis: The below summarizes the Department of State’s Formal Notice to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens....more

Gibney Anthony & Flaherty, LLP

Stateside Visa Renewal to Begin January 29, 2024

As anticipated, on December 21, 2023, the Department of State (DOS) published the Federal Register notice announcing its stateside visa renewal pilot program for H-1B visa holders. The notice outlines the program requirements...more

Morgan Lewis

State Department to Launch Stateside Visa Renewal Pilot Program in Late January – Publications

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The US Department of State announced on December 21 the launch of a stateside visa renewal pilot program, which will be limited to approximately 20,000 nonimmigrant visa holders during its initial pilot run, which starts on...more

Quarles & Brady LLP

U.S. State Department Unveils Details of Pilot Program for Domestic Renewal of H-1B Visa Stamps

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On December 20, 2023, the Department of State (“DOS”) released details of the domestic visa renewal pilot program, as noted in their announcement earlier this month. Per the draft regulation, the pilot program is limited to...more

Gibney Anthony & Flaherty, LLP

Stateside H-1B Visa Renewal Moves Closer to Implementation

The Office of Information and Regulatory Affairs (OIRA) cleared a rule that will allow limited stateside H-1B visa renewal. As previously reported, the proposed pilot program will allow 20,000 eligible participants,...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

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Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

Seyfarth Shaw LLP

Coming Soon! Stateside Visa Renewal Pilot

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Seyfarth Synopsis: Department of State expects to start the stateside visa renewal pilot in early 2024....more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Cap Lottery? The Other Visa Options to Consider

On March 27, 2023, 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

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Vinson & Elkins LLP

H-1B Season Is Here Again: A Primer for Beginners

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As more companies are struggling to hire and retain talent in the midst of the “Great Resignation,” I am beginning to get more questions from clients who have never considered sponsoring an applicant for a visa about the...more

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

USCIS Conducts Third H-1B Lottery for FY 2022

In a move not seen since the introduction of the electronic H-1B registration process, U.S. Citizenship and Immigration Services (USCIS) announced a third round of lottery selections for the fiscal year (FY) 2022 H-1B cap...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on February 5, 2021, that this year’s annual application period for the FY 2022 H-1B program will run from March 9, 2021, through March 25, 2021. Continuing the new...more

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