News & Analysis as of

H-1B United States Citizenship and Immigration Services Proposed Rules

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 -
Lippes Mathias LLP

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

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USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Harris Beach PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

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The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

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Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Gibney Anthony & Flaherty, LLP

DHS Proposes to Amend H-1B Program

On October 23, 2023, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (NPRM) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

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The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Fisher Phillips

Immigration Officials Unveil Sweeping Proposed Changes to H-1B Visa Process: What Employers Need to Do to Prepare

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Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more

Parker Poe Adams & Bernstein LLP

USCIS Proposes Historic Fee Increase for Immigration Applicants

U.S. Citizenship and Immigration Services (USCIS) has proposed historic increases to its fee schedule for immigration benefit applications. Under the proposed fee rule, the filing fee for common employment-based applications...more

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

Beltway Buzz - April 2023

POTUS Signs Bill Ending COVID-19 Emergency. On April 10, 2023, President Biden signed a congressional resolution officially ending the COVID-19 national emergency. The resolution was passed out of the U.S. House of...more

Gibney Anthony & Flaherty, LLP

Plan Now for H-1B CAP Registration

U. S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2024 H-1B cap in March 2023. Employers should start planning for cap registration now by...more

Cozen O'Connor

USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees

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OVERVIEW- •On January 3, 2023, USCIS published a Notice of Proposed Rulemaking (NPRM) to adjust certain benefit request fees that haven’t changed since 2016. •Fee changes could dramatically increase both L-1 and H-1B...more

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

Beltway Buzz - August 2022 #4

DACA Regulations Finalized. On August 24, 2022, the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) released a final rule to codify the Deferred Action for Childhood Arrivals...more

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

Mintz - Immigration Viewpoints

New DHS Proposed Regulations will Revise the H-1B Cap Lottery

On Monday, November 2, the Department of Homeland Security (DHS) published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. The rule would replace the random lottery selection...more

Dentons

H-1B and Employment Immigration Processes Under Attack

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In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

Harris Beach PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

Harris Beach PLLC on

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

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

Beltway Buzz - September 2019

Scalia Officially Nominated. Although the Buzz mentioned the nomination of Eugene Scalia to be secretary of labor seven weeks ago, the management-side attorney wasn’t officially nominated until August 27, 2019. Will this...more

Burr & Forman

DHS Proposes Major Lottery Changes Ahead Of H-1B Filing Season

Burr & Forman on

Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more

Miles & Stockbridge P.C.

Getting Ready for the FY2020 H-1B Season

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As 2018 draws to a close and much of the world is celebrating the holiday season, the immigration world is preparing to enter another H-1B lottery season. For an overview of the H-1B program and H-1B lottery, please see our...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

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The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New H-1B Prefiling Registration System and Changes to H-1B Lottery

• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period. • DHS proposes to use a computer-generated process to select a...more

Butler Snow LLP

USCIS Aims to Increase the Number of U.S. Master’s Grads Through Proposed H1b Registration Rule

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On Monday, December 3, 2018, the USCIS published a notice of proposed rulemaking that would require sponsoring employers seeking to file cap-subject H1b petitions to first electronically register with USCIS during a...more

Constangy, Brooks, Smith & Prophete, LLP

Pre-Registration System For H-1B Cap Filings Is Proposed By USCIS

For many years, on the first business day of April, 200,000 or more H-1B cap petitions were filed with U.S. Citizenship and Immigration Services for approximately 85,000 available spots. H-1B petitions for individuals with...more

Fox Rothschild LLP

H-1B Cap Season: Important Proposed Changes

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The Department of Homeland Security (DHS) has issued its long-awaited Notice of Proposed Rulemaking (NPRM) to amend USCIS Regulations relating to cap-subject H-1B petitions filed under both the regular cap and advanced degree...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

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On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

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