News & Analysis as of

H-1B OPT L-1 Visas

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 -
Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...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

Holland & Knight LLP

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

Holland & Knight LLP on

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?

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

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

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

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

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...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

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

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Harris Beach PLLC

It’s H-1B Cap Season and the Tech Corridor is Full of Anxious Skilled Workers

Harris Beach PLLC on

It's March and here we are in the middle of another H-1B cap season. So I did what I do almost every day this time of year: I got up to head in to the office. But first I went for a run to clear my head. It is Saturday. It is...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for IT Professionals and Companies

Technology companies, including IT consulting companies, IT service providers and software designers, seek to employ the best and the brightest IT professionals to keep IT systems secure and to deliver innovative solutions....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

Moore & Van Allen PLLC

'Tis the season...to prepare for H-1B filing

Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any...more

Kramer Levin Naftalis & Frankel LLP

Recent Developments in Business Immigration Law - USCIS to suspend H-1B Premium Processing next month

U.S. Citizenship and Immigration Services (USCIS) has announced that it will suspend Premium Processing of all H-1B filings starting on April 3, 2017. This includes all Fiscal Year 2018 H-1B cap filings, as well as H-1B...more

FordHarrison

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Kramer Levin Naftalis & Frankel LLP

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....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

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

FY 2016 H-1B Cap Petition Not Selected: What Are the Options?

Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved...more

Mintz - Immigration Viewpoints

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

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