News & Analysis as of

H-1B Regulatory Requirements Visa Caps

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 -
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

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

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

The Annual H-1B Cap Lottery: An Overview

Troutman Pepper 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

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

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

UB Greensfelder LLP

USCIS Announces Initial H-1B Cap Registration for FY 2023 To Run March 1-18

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that the initial registration period for fiscal year 2023 H-1B cap numbers will open at noon Eastern on March 1 and run through noon Eastern on March 18,...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

Akerman LLP - HR Defense

Deadline Rapidly Approaching To Register Online for H-1B Visa Lottery

The rush is on: U.S. employers looking to hire foreign professionals through H-1B sponsorship must register online for the annual lottery by noon (12:00 pm) EST on March 20, 2020. Employers petitioning for cap-subject H-1B...more

Littler

H-1B Cap Registration Update

Littler on

In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more

Kramer Levin Naftalis & Frankel LLP

USCIS Provides Additional Guidance for H-1B Electronic Registration Process for FY 2021 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more

Stinson LLP

H-1B Registration Lottery Schedule Announced $10 to Enter

Stinson LLP on

As we previously advised, the H-1B lottery process is undergoing changes for cap-subject employers. The H-1B is the most common professional work visa, limited by a numerical quota of 65,000 regular cap approvals per year,...more

Polsinelli

H-1B Cap Season

Polsinelli on

USCIS has confirmed they will open the new H-1B Lottery pre-registration portal on March 1, 2020. The H-1B visa is available to companies wishing to hire a foreign worker to fill a “specialty occupation” which is defined as a...more

Jackson Walker

Immigration Prepares for H-1B Cap Season

Jackson Walker on

The H-1B Specialty Occupation Visa allows companies to sponsor foreign national workers for jobs that normally require at least a bachelor’s degree or its equivalent in a specific field. The H-1B work visa is the most...more

Akerman LLP - HR Defense

Preregistration Process Brings Revamp and Uncertainty to H-1B Visa Program

Akerman LLP - HR Defense on

U.S. employers wanting to hire foreign professionals should identify those eligible for H-1B sponsorship as soon as possible to allow sufficient time to navigate newly required procedures in March 2020, including using the...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

Kramer Levin Naftalis & Frankel LLP

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

Harris Beach PLLC

USCIS Implements $10 H-1B Registration Fee for Cap-Subject Cases

Harris Beach PLLC on

On November 8, 2019, USCIS published a Final Rule in the Federal Register implementing a new registration fee requirement for those employers who seek to file cap-subject H-1B petitions. Under the new rule, which is effective...more

Fisher Phillips

USCIS Drastically Changes H-1B Cap Processing

Fisher Phillips on

For the first time ever, federal immigration authorities will be implementing an electronic registration system for H-1B petitions that is intended to simplify the annual process. In a December 6 announcement, U.S....more

Seyfarth Shaw LLP

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

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