News & Analysis as of

H-1B Science Technology Engineering Math Immigrants

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 -
Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Warner Norcross + Judd

Planning for the Future: Lessons from President-elect Donald Trump’s First Term on Immigration and What Employers Can Do to...

Warner Norcross + Judd on

As employers of foreign national talent prepare for the return of President-elect Donald Trump to the White House in 2025, understanding the key immigration takeaways from his first presidency is more important than ever....more

Littler

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

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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

Mayer Brown

United States: Important Updates for Employers Regarding the H1-B Visa Lottery for Professional Employees (Open From March 6 - 22,...

Mayer Brown on

To retain the best global talent, many US employers leverage the annual H-1B visa lottery to secure work authorization for new employees. It allows employers to temporarily employ foreign workers in occupations that require a...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Jackson Lewis P.C.

Energy, Infrastructure, Domestic Manufacturing: Immigration System to Meet Labor Needs

Jackson Lewis P.C. on

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...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

Burr & Forman

So Your Employee Wasn’t Selected in the H-1B Lottery… Now What?

Burr & Forman on

On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process.  Beginning April 1st, those selected were eligible to start filing.  But what if your employee was not selected? ...more

Jackson Lewis P.C.

Manufacturing Industry’s Labor Shortage And Immigrant Workers

Jackson Lewis P.C. on

The gap between jobs needing to be filed and the skilled talent pool capable of filling them continues to grow wider in many industries, particularly in the U.S. manufacturing industry. The ability to retain labor from...more

Epstein Becker & Green

June 2020 Immigration Alert

USCIS Resumes Premium Processing - USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing.  Premium processing was indefinitely suspended as...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

Jackson Lewis P.C.

Time To Start Planning For H-1B Cap Season

Jackson Lewis P.C. on

It is time to start preparing for the upcoming H-1B visa lottery, which begins April 1, 2020, and will be the first one to require an electronic registration for each case. To be eligible to file a cap-subject H-1B...more

Jackson Lewis P.C.

The Fairness For High-Skilled Workers Act May Endanger Economy

Jackson Lewis P.C. on

The Fairness for High-Skilled Workers Act has passed the House of Representatives, and is pending before the Senate where it may pass by unanimous consent (i.e., with no actual vote or hearing). On its face, the Fairness...more

Fox Rothschild LLP

Immigration Can Continue To Make America Great, If We Let It!

Fox Rothschild LLP on

At a recent event, one of my former high school classmates who today is a distinguished Stanford University professor asked me whether there was much immigration legal work in Pittsburgh. He then commented that 80 percent of...more

Baker Donelson

It's Not Too Late! Developing a Backup Plan for Your Foreign Workers

Baker Donelson on

As H-1B cap subject petition receipt notices begin to trickle in, and employers are being notified as to whether their foreign employees will obtain an H-1B visa this cap season, it is a necessity to think about other viable...more

Davis Wright Tremaine LLP

H-1B Cap Season Is Underway: Employers Should Prepare for April 1 Cap Lottery Filings Now

Employers wishing to file H-1B cap cases for foreign national employees should initiate work soon in anticipation of the short filing period, which will open on April 1, 2019. ...more

Constangy, Brooks, Smith & Prophete, LLP

It’s That Time Of Year! For Help With Your 2019 H-1B Cap Petition, Please Contact Your Attorney By February 15.

Starting Monday, April 1, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the 2020 fiscal year, which begins October 1, 2019. To maximize the...more

Poyner Spruill LLP

Controversial H-1B Visa and Green Card Legislation Before Congress

Poyner Spruill LLP on

The H-1B visa is an employer-sponsored nonimmigrant visa for highly skilled workers in so-called “specialty occupations". Specialty occupations are those which require the minimum of a US bachelor’s degree or foreign...more

Jackson Lewis P.C.

[Webinar] Immigration: 2018 Year in Review and 2019 Forecast - January 29th, 1:30pm ET

Jackson Lewis P.C. on

Join attorneys from Jackson Lewis P.C. as we review critical changes in business immigration and employer compliance over the past year and focus on further changes that are expected, as well as strategies for coping with...more

Constangy, Brooks, Smith & Prophete, LLP

Roundup Of Key Immigration Policy Changes That Affected Employers In 2018

There have been many immigration policy changes in 2018 that affect employers directly or indirectly. Most importantly, there has been a significant shift to a more restrictive immigration philosophy that has affected the...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

Kramer Levin Naftalis & Frankel LLP

Recent USCIS Developments

USCIS Extends and Expands Suspension of H-1B Premium Processing - Earlier this week, U.S. Citizenship and Immigration Services (USCIS) announced that it will extend the suspension of Premium Processing for all pending FY...more

Baker Donelson

Immigration Update: Didn't Make the H-1B Cap? Options for Developing a Plan B

Baker Donelson on

Most employers and H-1B applicants have been notified by USCIS as to whether their H-1B cap petition was selected for processing. Now is the time for employers to work with their foreign national employees to determine if...more

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