News & Analysis as of

H-1B Lottery OPT

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 -
Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

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The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...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

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...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

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

Stinson LLP

FY2024 H-1B Lottery Details Announced

Stinson LLP on

On January 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2024 H-1B lottery will open on March 1, 2023 at noon EST and close on March 17,...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

McAfee & Taft

H-1B visa lottery season now open until March 18

McAfee & Taft on

It’s the lottery that can pay dividends for U.S. employers and foreign nationals. Today marks the official opening of the H-1B lottery season. This is the time in which employers who seek to hire or retain foreign national...more

CDF Labor Law LLP

USCIS Accepts First Time H-1B Applications on March 1, 2022

CDF Labor Law LLP on

US Citizenship & Immigration Service announced that it will accept initial applications for first time H-1B visa petitions from March 1, 2022 until March 18, 2022.  An H-1B visa allows an employer to employ a foreign national...more

Williams Mullen

H-1B Lottery Season Underway for FY 2023

Williams Mullen on

U.S. Citizenship & Immigration Services (USCIS) announced that the registration period for this year’s H-1B lottery will begin at noon Eastern time on March 1, 2022 and will end at noon Eastern time on March 18, 2022. All...more

ArentFox Schiff

Time for Employers to Decide Who They Are Sponsoring for H-1B’s - Update

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 noon EST on March 1, 2022 to noon EST on March 18, 2022,...more

ArentFox Schiff

Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

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Many F-1 OPT foreign nationals have been approved for H-1B status effective October 1st in this year’s H-1B lottery Employers and F-1 workers should be careful during the transition from F-1 to H-1B status to ensure they...more

Burr & Forman

So Your Employee Wasn’t Selected in the H-1B Lottery… Now What?

Burr & Forman on

On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process.  Beginning April 1st, those selected were eligible to start filing.  But what if your employee was not 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

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

Jackson Lewis P.C.

Time To Start Planning For H-1B Cap Season

Jackson Lewis P.C. on

It is time to start preparing for the upcoming H-1B visa lottery, which begins April 1, 2020, and will be the first one to require an electronic registration for each case. To be eligible to file a cap-subject H-1B...more

Holland & Knight LLP

New H-1B Procedures Take Effect In 2020

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In 2019, U.S. Citizenship and Immigration Services (USCIS) issued final rules making a number of changes to the H-1B visa lottery process. This Holland & Knight alert highlights key differences in the 2020 process and answers...more

Miller Canfield

PLAN NOW: Critical Changes to the H-1B Lottery Process for Fiscal Year 2021

Miller Canfield on

On January 31, 2019, U.S. Citizenship and Immigration Services (USCIS) issued a final rule making significant changes to the H-1B CAP lottery process. This rule added an electronic registration requirement for employers...more

Williams Mullen

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

Williams Mullen on

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

ArentFox Schiff

There’s a New H-1B Lottery Program & Employers Must File Earlier This Year

ArentFox Schiff on

Employers will have to decide who they are sponsoring earlier this year. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions (which are jobs requiring at...more

Kramer Levin Naftalis & Frankel LLP

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

Seyfarth Shaw LLP

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

Cozen O'Connor

Employers Should Begin Preparation for Opening of FY 2019 H-1B Cap

Cozen O'Connor on

The beginning of the calendar year is the perfect time for employers to begin planning for the FY2019 H-1B cap filing season, which will begin on Monday, April 2, 2018....more

Jackson Lewis P.C.

Time To Prepare For The 2018 H-1B Lottery

Jackson Lewis P.C. on

For immigration attorneys and employers of foreign nationals alike, the frenzy of the spring H-1B Cap season is right around the corner. Now is the time to start preparations for the April filing deadline....more

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

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

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