News & Analysis as of

H-1B Visa Applications 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 -
Gibney Anthony & Flaherty, LLP

Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives  

With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B...more

Littler

USCIS to Implement Varying Filing Fees by Visa Category

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In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more

Burr & Forman

Early Visa Extension Filings Could Save Employers Money as USCIS Increases Filing Fee

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Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more

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

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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

Adams and Reese LLP

Navigating the H-1B Visa Lottery Registration: Essential Guide for Employers

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As the H-1B visa lottery registration for the USCIS fiscal year 2025 approaches, it is crucial to understand the process and prepare accordingly. This annual event continues to attract significant attention from...more

Stinson LLP

Stateside H-1B Visa Pilot Program Launch

Stinson LLP on

Beginning January 29, 2024, under a pilot program, the U.S. Department of State will allow certain H-1B visa holders to renew their expired or expiring H-1B visas from within the United States, rather than needing to travel...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

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

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

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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

Not Selected in the H-1B Visa Cap Lottery? The Other Visa Options to Consider

On March 27, 2023, 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

Harris Beach PLLC

USCIS To Bundle Adjudication of H-4 Visa Applications, H-4 EAD Applications with H-1B Petition When Filed Together

Harris Beach PLLC on

For the last several years, unnecessary delays and long processing times of H-4 and H-4 EAD (Employment Authorization) applications have caused frustration for H-1B dependents attempting to change or extend their status,...more

Harris Beach PLLC

Requesting Forgiveness of Late-Filed Applications to Extend Immigration Status

Harris Beach PLLC on

In a recent post, this blog covered the more-complicated-than-it-seems issue of how someone can best determine exactly when their lawful immigration status in the United States expires. We discussed the matter of how, in some...more

CDF Labor Law LLP

Is the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?

CDF Labor Law LLP on

An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team.  This new graduate is a foreign student utilizing the one-year Optional Practical Training...more

Vinson & Elkins LLP

H-1B Season Is Here Again: A Primer for Beginners

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As more companies are struggling to hire and retain talent in the midst of the “Great Resignation,” I am beginning to get more questions from clients who have never considered sponsoring an applicant for a visa about the...more

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

USCIS Conducts Third H-1B Lottery for FY 2022

In a move not seen since the introduction of the electronic H-1B registration process, U.S. Citizenship and Immigration Services (USCIS) announced a third round of lottery selections for the fiscal year (FY) 2022 H-1B cap...more

Burr & Forman

Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement

Burr & Forman on

On Burr & Forman's "Immigration Insights" podcast, host Melissa Azallion Kenny provides listeners with updates on the International Entrepreneur Parole Program and the suspension of biometric fees for dependent applicants....more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on February 5, 2021, that this year’s annual application period for the FY 2022 H-1B program will run from March 9, 2021, through March 25, 2021. Continuing the new...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

Littler

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

Littler on

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

Tarter Krinsky & Drogin LLP

Long Awaited H-1B Regulations Take Effect On October 7, 2020 - Result Will Limit Eligibility For The Most Highly Sought After And...

Recent developments which are likely to have a dramatic effect on certain foreign workers seeking entrance to the United States occurred earlier this week with the introduction of dual regulatory changes by the U.S....more

Gibney Anthony & Flaherty, LLP

Trump Administration Advances Rules Restricting Visas for High-Skilled Foreign Workers

The Trump Administration has announced that it will publish two Interim Final Rules on Thursday, October 8, 2020 that will substantially alter the H-1B visa program for temporary professionals working in a specialty...more

Morgan Lewis

Immigration Developments: USCIS and Visa Updates

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This alert summarizes a number of important developments affecting business immigration that occurred last week, including a number of federal court decisions enjoining certain presidential and regulatory actions, as well as...more

Constangy, Brooks, Smith & Prophete, LLP

Good News On USCIS Fees And Expansion Of Premium Processing

As we reported previously, the U.S. Citizenship and Immigration Services was due to increase filing fees by approximately 20 percent across many filing types, including new fees on asylum and additional fees for applicants...more

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