News & Analysis as of

H-1B O-1 Aliens of Extraordinary Ability E-3

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 -
Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Dickinson Wright

“I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals

Dickinson Wright on

Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B...more

Cozen O'Connor

Immigration COVID-19 FAQ

Cozen O'Connor on

I have an appointment at the local USCIS office. What should I do? All USCIS offices have been closed to the public at least until June 4, 2020. USCIS is preparing to reopen its offices on or after June 4, 2020. USCIS will...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

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

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

FordHarrison

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

FordHarrison on

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

Moore & Van Allen PLLC

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

Moore & Van Allen PLLC on

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more

Seyfarth Shaw LLP

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

Bracewell LLP

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Bracewell LLP on

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

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

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

Jackson Walker

Temporary Non-Immigrant Visas: Beyond The Basics

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Foreign nationals must meet the regulatory requirements for admission into the U.S. in nonimmigrant status. The purpose of this paper is to provide the Top 10 things to consider with respect to the most common nonimmigrant...more

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