News & Analysis as of

H-1B US Department of State United States Citizenship and Immigration Services

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 -
Sheppard Mullin Richter & Hampton LLP

Having Trouble Recruiting Physicians? The Conrad 30 Window is Opening Soon

The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Saul Ewing LLP

Recent Business Immigration Updates and Trends

Saul Ewing LLP on

For U.S. employers, staying informed of business immigration updates is critical to ensure compliance with evolving immigration regulations and policy, assess potential risks, attract and retain talent, plan strategically,...more

Jackson Lewis P.C.

Department of State Announces Pilot Program for Stateside Processing of Nonimmigrant Visas

Jackson Lewis P.C. on

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited...more

ArentFox Schiff

Certain H-1B Employees Can Renew Their Visas Within the United States Under New Pilot Program

ArentFox Schiff on

Most foreign nationals living in the United States in temporary status (not green card holders) can only reenter the United States after international travel if they have a current visa in their passport. Since 2004, those...more

Cozen O'Connor

Renewal of H-1B Nonimmigrant Visas in the United States

Cozen O'Connor on

The Department of State announced last month that it would unveil a domestic visa renewal pilot program for some H-1B holders. Currently, all visa holders are required to travel to consulates abroad to renew the visa stamps...more

Tarter Krinsky & Drogin LLP

New Year, New H-1B Visa Updates

The H-1B visa, highly sought after and a valuable route for foreign nationals to ultimately pursue U.S. residence status, will become available for pre-registrations in the lottery submission process in March 2024. We await...more

Constangy, Brooks, Smith & Prophete, LLP

Pilot program for domestic renewal of H-1B visas will go live on January 29

On December 21, the U.S. Department of State issued regulations with details of its pilot program for issuance of renewed H-1B visa stamps in the United States. The pilot program eliminates the need for applicants to obtain...more

Miller Canfield

State-Side H-1B Visa Renewal to Begin Jan. 29, 2024

Miller Canfield on

The Department of State (“DOS”)’s pilot program for domestic H-1B visa renewals will begin on January 29, 2024, and run through April 1, 2024. As H-1B visa applicants accepted into the pilot program will no longer need to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Stateside Visa Renewal Pilot Program Set to Begin in January 2024

On December 15, 2023, the Office of Information and Regulatory Affairs cleared review of the U.S. Department of State’s highly anticipated stateside visa renewal pilot program. The program will apply only to H-1B applicants...more

Foley Hoag LLP

Department of State Announces Domestic Visa Renewal Pilot for Certain H-1B Visa Applicants

Foley Hoag LLP on

On December 21, 2023, the State Department announced a pilot program to resume domestic visa renewals for certain qualified H-1B nonimmigrant visa applicants. For the last 20 years, H-1B visa holders have been required to...more

Kerr Russell

Immigration Insider | December 2023

Kerr Russell on

Updates regarding the H-1B visa cap and a new pilot program to renew passport visas within the United States are included in the latest edition of the Immigration Insider....more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Jackson Lewis P.C. on

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Haynsworth Sinkler Boyd, P.A.

Domestic H-1B Visa Renewal Pilot Program Expected to Start January 2024

On November 28, 2023, the U.S. Department of State confirmed the launch of a pilot program for the domestic renewal of visas with a projected start date of January 2024. The pilot program would allow for 20,000 domestic H-1B...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

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Cozen O'Connor

Cozen O'Connor Immigration Catch Up: October 2023

Cozen O'Connor on

October 2023 not only provided amazing Halloween costumes but big updates to the United States and global immigration. The Cozen O’Connor catch-up this month highlights these changes and provides the details you need to...more

Jackson Lewis P.C.

Department of State Takes Steps to Implement Stateside Visa Processing

Jackson Lewis P.C. on

On October 17, 2023, the Department of State (DOS) took the first steps to implement stateside processing of nonimmigrant visas. The DOS notified the federal Office of Information and Regulatory Affairs that it will introduce...more

Amundsen Davis LLC

Minimize Your Cost by Starting the Green Card Process Early

Amundsen Davis LLC on

In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But...more

Faegre Drinker Biddle & Reath LLP

Federal Government Shutdown Would Affect Some Immigration Processing

With Congress deadlocked on passing needed budget legislation, it is looking increasingly likely that there will be a federal government shutdown at midnight on September 30, 2023. The shutdown will affect some federal...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Tarter Krinsky & Drogin LLP

January 2023 Immigration Updates

Happy New Year! As we begin 2023, we would like to share the following recent U.S. immigration-related updates: Nonimmigrant Visa Interview Waivers Extended Until December 31, 2023 On December 23, 2022, the U.S....more

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