News & Analysis as of

H-1B United States Citizenship and Immigration Services Eligibility

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 -
CDF Labor Law LLP

[Webinar] The Good, the Bad, and the Ugly: Navigating the H-1B Visa in 2024 - February 22nd, 10:00 am PT

CDF Labor Law LLP on

This complimentary webinar will be led by Richard M. Green, Partner & Chair of CDF's Immigration Practice Group, and will delve into the critical aspects of the H-1B visa. This webinar will explore general eligibility, recent...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

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Mintz - Immigration Viewpoints

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

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