News & Analysis as of

H-1B Registration Highly-Skilled Workers 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 -
Lippes Mathias LLP

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

Lippes Mathias LLP on

USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...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

Constangy, Brooks, Smith & Prophete, LLP

What You Need To Know About This Year’s H-1B Cap Process

Last year, the U.S. Citizenship and Immigration Services rolled out for the first time a new electronic registration tool for H-1B cap cases as part of its implementation of regulations issued in January 2019. The 2019...more

Jackson Lewis P.C.

USCIS Announces H-1B Lottery Process Unchanged

Jackson Lewis P.C. on

H-1B lottery deadlines are fast approaching, and two questions have been plaguing employers: 1.When does the registration window open/close? 2.Will the registration process be the same as last year?...more

K&L Gates LLP

H-1B Electronic Registration Process

K&L Gates LLP on

On Friday, December 6, United States Citizenship and Immigration Services (“USCIS”) announced that it successfully completed a pilot of the online H-1B registration system and will move forward with implementing the system...more

Foley & Lardner LLP

DHS Issues Final Rule Changing H-1B Cap Selection Process

Foley & Lardner LLP on

The Department of Homeland Security (DHS) published a new rule on January 31, 2019 that makes significant changes to the way in which DHS will administer the annual H-1B allocation (the H-1B cap). Starting in April 2019, DHS...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips on

The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...more

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