News & Analysis as of

H-1B Regulatory Requirements Immigration Procedures

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 -
Offit Kurman

What to Expect in the 2025 H-1B Season

Offit Kurman on

The 2025 H-1B Cap Season is upon us, along with a new administration. There will likely be numerous changes at United States Citizenship and Immigration Services (USCIS) regarding policy and regulation, but in the immediate...more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Buchalter

What The H-1B Modernization Rule Means For Employers And Employees

Buchalter on

The U.S. Department of Homeland Security (USDHS) published a final rule regarding significant changes to the H-1 B program in the Federal Register on December 17, 2024. This article examines these changes and ends with...more

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

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

Seyfarth Shaw LLP on

In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...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

Littler

Not Selected in H-1B Cap Registration? There Are Options!

Littler on

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...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

Akerman LLP

USCIS Fee Increases Are Imminent: The Concurrent Adjustment Clock is Ticking for Indian and Chinese Investors

Akerman LLP on

Thanks to a final rule recently announced by the U.S. Citizenship and Immigration Services (USCIS), filing fees are about to increase on April 1, 2024, and filers who fail to make haste will end up paying more, or risk...more

Littler

USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

Littler on

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to...more

Moore & Van Allen PLLC

Major Updates to the H-1B Cap Registration and Selection Process

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. USCIS has announced several significant changes to the H-1B program aimed at...more

Burr & Forman

Ready, Set, Go . . . H-1B FY2025 Lottery Registration Dates Announced with Process Changes

Burr & Forman on

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more

Littler

USCIS Announces Increase of Filing Fees

Littler on

On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an increase to its filing fees across the board. The last such increase was in 2016. This change will be effective April 1, 2024. In some cases,...more

Gibney Anthony & Flaherty, LLP

FY 2025 H-1B Cap Season Launched with Important Changes

USCIS announced  that the initial electronic registration period for the fiscal year (FY 2025) H-1B cap season will open at noon Eastern on March 6, 2024 and will run through noon Eastern on March 22, 2024....more

Troutman Pepper Locke

The Annual H-1B Cap Lottery: An Overview

Troutman Pepper Locke on

Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a...more

Stinson LLP

Stateside H-1B Visa Pilot Program Launch

Stinson LLP on

Beginning January 29, 2024, under a pilot program, the U.S. Department of State will allow certain H-1B visa holders to renew their expired or expiring H-1B visas from within the United States, rather than needing to travel...more

Gibney Anthony & Flaherty, LLP

Stateside Visa Renewal to Begin January 29, 2024

As anticipated, on December 21, 2023, the Department of State (DOS) published the Federal Register notice announcing its stateside visa renewal pilot program for H-1B visa holders. The notice outlines the program requirements...more

Moore & Van Allen PLLC

H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Burr & Forman

Domestic Visa Renewal Could Return in 2024

Burr & Forman on

The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...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

CDF Labor Law LLP

FY 2024 H-1B Lottery Registration Period Opens March 1

CDF Labor Law LLP on

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...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

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

FordHarrison

USCIS Gears up for the H-1B FY23 Cap Cycle

FordHarrison on

Executive Summary: USCIS has announced the timeline for the H-1B FY23 Cap Petition Cycle. The H-1B FY23 cap registration period will run from noon on March 1, 2022 until noon on March 18, 2022. USCIS will then conduct a...more

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