News & Analysis as of

H-1B L-1 Visas 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

Holland & Knight LLP

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

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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

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

Clark Hill PLC

Clark Hill 2023 Automotive & Manufacturing Industry Outlook: Immigration Update

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Labor Shortages in Key Professional and Technical Positions - Despite recent layoffs in many industries, automotive and manufacturing employers continue to experience difficulty hiring for key professional and technical...more

Jackson Lewis P.C.

Manufacturing Workforce Shortage: Strategies to Overcome the Skills Gap, H-1B Visa Shortage

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Years ago, people employed in manufacturing were seen as bit players in an industrial machine, but no longer. Many manufacturing jobs today require high-level STEM (science, technology, engineering, and math) skills. ...more

Fisher Phillips

Immigration Planning: Top 5 Options for Manufacturing Companies to Hire Foreign Nationals

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The manufacturing industry has been facing a significant skilled labor shortage for years, and the COVID-19 pandemic has only exacerbated this issue. With the industry in constant need of skilled workers, manufacturers often...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

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

Plan Now for H-1B Cap Registration FY 2023

OVERVIEW USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. H-1B CAP FY ‘23...more

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for Manufacturers - Update

This alert was originally published on February 5, 2019. It has been updated as of June 23, 2021. Many visa options exist to enable U.S. manufacturing companies to employ talented professionals, researchers and managers...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

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U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Stinson LLP

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more

Kramer Levin Naftalis & Frankel LLP

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Cozen O'Connor

FY2022 H-1B Cap Lottery Registration

Cozen O'Connor on

On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2022 H-1B Cap Lottery will begin on March 9, 2021. ...more

ArentFox Schiff

USCIS Implements New Fees & Forms & Premium Processing Is Lengthened

ArentFox Schiff on

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more

Harris Beach PLLC

U.S. Department of State Issues Guidance on New Exceptions to COVID-Related Travel Restrictions

Harris Beach PLLC on

On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first creates new exceptions to the Proclamation barring anyone who has been within a...more

Vedder Price

Presidential Proclamation Suspending Entry For Nonimmigrants Seeking To Enter U.S. On H-1B, H-2B, J And L Visas

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On June 22, 2020, the President issued an extension and expansion of a previously issued Proclamation that suspends the entry of certain foreign nationals into the United States. The previous Proclamation suspended the...more

Pullman & Comley - Labor, Employment and...

Workers Already in U.S. Are Exempt from Suspension of New Work Visas

On June 22, 2020, President Trump issued an executive order suspending the issuance of a variety of United States work visas until the end of 2020. ...more

ArentFox Schiff

President Trump Suspends Certain Chinese Post-Graduate Students from US Studies and Research

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On Friday, May 29, 2020, President Trump issued a proclamation, effective Monday, June 1, 2020, suspending indefinitely the entry into the US of certain Chinese students and researchers. To be barred from entry, the...more

Morgan Lewis

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

Williams Mullen

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

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U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery.  By way of background, the H-1B visa program allows companies in the United...more

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

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

Key Immigration Considerations During Mergers and Acquisitions, Part I: Work Visas

In the context of mergers, acquisitions, and other corporate restructurings, during the due diligence process, employers often overlook the immigration-related considerations related to impacted foreign national workers....more

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for Manufacturers

Many visa options exist to enable U.S. manufacturing companies to employ talented professionals, researchers and managers who are not U.S. citizens or permanent residents. This article will introduce the primary nonimmigrant...more

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