News & Analysis as of

H-1B Visa Caps Employment Authorization Documents (EAD)

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 -
Moore & Van Allen PLLC

MVA Immigration News Roundup

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Welcome to the first installment of MVA’s Business Immigration Quarterly! Each quarter we will be bringing you a roundup of current trends, important issues, and interesting topics in the business immigration community. ...more

Harris Beach PLLC

Is a “Blanket L” Petition Right for your Company?

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Employers with overseas offices rely on the L-1 visa to bring their international “executive” and “managerial” leadership, as well as their “specialized knowledge” staff, to work in the United States. The L-1 visa offers a...more

Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

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The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Jackson Lewis P.C.

New, Higher USCIS Filing Fees Take Effect April 1, 2024

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Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Fox Rothschild LLP

The Clock Is Ticking: H-1B Cap Season Is Here - Updated December 2023

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Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty...more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Tonkon Torp LLP

FY2024 H-1B Cap Registration – What You Need to Know

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Registrations for the FY2024 H-1B quota must be submitted electronically to USCIS in March 2023. We expect USCIS to designate a two-week registration period shortly. Last year USCIS charged a $10 fee per registration....more

Fisher Phillips

Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

Fisher Phillips on

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23...more

Tarter Krinsky & Drogin LLP

USCIS Concludes March H-1B Pre-Registration Lottery Selection and Announces Expansion of Premium Processing and Commitment to...

U.S. Citizenship and Immigration Services (USCIS) announced March 29, 2022 that it had completed its H-1B random lottery selections after receiving sufficient submissions for its annual H-1B quota during the H-1B...more

Tonkon Torp LLP

DOL Publishes Final Rule Impacting Prevailing Wages

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The U.S. Department of Labor (DOL) published a final rule to incorporate changes to the computation of prevailing wage levels for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more

Williams Mullen

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

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U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery.  By way of background, the H-1B visa program allows companies in the United...more

Seyfarth Shaw LLP

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

Dorsey & Whitney LLP

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when...

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Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and...more

Mintz

USCIS Proposes Changes to H-1B Visa Lottery Process

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Today, the U.S. Department of Homeland Security issued a notice of proposed rulemaking proposing amendments that would alter the process for the filing and selection of H-1B visa petitions that are subject to the annual...more

Akerman LLP - HR Defense

Employers Relying On H-4 Dependent Spouse Visas Better Move Fast as April 1 Lottery Looms

Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more

Tonkon Torp LLP

New (Cap) H-1B Filings - April 2-6 Deadline

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H-1B season is underway! U.S. employers can file for new H-1B visas on behalf of prospective or existing employees beginning April 2, 2018. The anticipated window for filing new H-1B petitions under the USCIS H-1B quota for...more

Williams Mullen

It’s Time to Start Preparing for H-1B Cap Season

Williams Mullen on

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” Essentially, a specialty occupation is a professional position that requires an individual to...more

Foster Garvey PC

Strong Demand Expected for FY2019 H-1B Filings: Employers Should Plan Now

Foster Garvey PC on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming H-1B cap filing season commencing this year on Monday, April 2, 2018. Employers should start identifying...more

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

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

Maynard Nexsen

H-1B Cap Filing Season: How to Avoid Getting Stuck in a Gap in Employment Eligibility

Maynard Nexsen on

This time of year, many recent college graduates who are authorized to work in the United States for a limited time as part of post-degree optional practical training are facing a deadline—and employers better take note, or...more

Mintz

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

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This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility valid to April 1, 2017 or later, and an H-1B filing on your behalf has been...more

FordHarrison

USCIS Temporarily Suspends Premium Processing of H-1B Petitions

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USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more

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

Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium...more

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