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H-1B Regulatory Requirements Employer Liability Issues

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 -
Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

Seyfarth Shaw LLP on

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the...more

Gibney Anthony & Flaherty, LLP

USCIS Will Conduct Second FY 2025 H-1B Cap Lottery

USCIS has announced that it will soon conduct a second round of H-1B cap lottery selection for fiscal year (FY) 2025 H-1B cap from the previously submitted registrations. USCIS has not indicated when the lottery will take...more

McAfee & Taft

Navigating the H-1B process: Here are essential updates for employers

McAfee & Taft on

The H-1B visa is a popular option for U.S. employers hiring skilled foreign professionals to fill specialized roles within the United States. Congress limited the total number of H-1B visas that USCIS can issue each fiscal...more

UB Greensfelder LLP

USCIS to Open 2024 H-1B Registration on March 1, 2023

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that the registration period for fiscal year 2024 H-1B cap numbers will open at noon Eastern on Wednesday March 1, 2023, and run through noon Eastern on...more

Gibney Anthony & Flaherty, LLP

H-1B Cap Petitions Effective October 1, 2022

PETITIONS FILED AS CHANGE OF STATUS - Fiscal year 2023 H-1B cap petitions filed as “change of status” and approved by USCIS automatically took effect on October 1, 2022 if the beneficiary: - was physically present in...more

Gibney Anthony & Flaherty, LLP

H-1B Initial Electronic Registration Selection Process Completed - Update

Today USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B cap. A random selection (lottery) was conducted from the registrations...more

Littler

USCIS Announces Timeline for FY 2021 H-1B Electronic Pre-Registration Process

Littler on

On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more

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