News & Analysis as of

H-1B Visa Caps Final 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 -
Moore & Van Allen PLLC

MVA Immigration News Roundup

Moore & Van Allen PLLC on

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

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

Beltway Buzz - April 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. Congress on Spring Break...What’s on...more

Miller Canfield

Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

Miller Canfield on

Employers with candidates who require initial H-1B employment authorization should plan to submit a registration for those candidates when the H-1B electronic registration period opens on March 6, 2024. The electronic...more

Seyfarth Shaw LLP

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

Holland & Knight LLP

USCIS Takes First Step Toward Modernization of the H-1B Program

Holland & Knight LLP on

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more

Miller Canfield

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

Miller Canfield on

The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

Holland & Hart - Employers' Lawyers

Immigration Alert: USCIS Announces H-1B Cap Registration Dates and Significant Fee Increases

United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

UB Greensfelder LLP

H-1B Cap Registration Period to Begin March 9

UB Greensfelder LLP on

February 25, 2021 – The United States Citizenship and Immigration Services (USCIS) initial registration period for the fiscal year (FY) 2022 H-1B cap is quickly approaching. The registration period will open at 12 p.m. EST on...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Gibney Anthony & Flaherty, LLP

DHS Finalizes H-1B Cap Registration Fee

The U.S. Department of Homeland Security published a final rule that will require employers to pay a $10 non-refundable fee for each H-1B cap registration submitted, once the electronic registration system is implemented....more

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

DHS Finalizes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) has finalized plans to charge employers a $10 registration fee for each H-1B petition they submit for registration in the agency’s new electronic H-1B registration system. The...more

UB Greensfelder LLP

H-1B Cap Season is Here. Is Your Company Ready?

UB Greensfelder LLP on

Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 cap season, the start dates for premium processing of cap-subject H-1B petitions, and the launch of USCIS’s new...more

Laner Muchin, Ltd.

DHS Announces Changes to H-1B CAP Program Including New Lottery Methodology

Laner Muchin, Ltd. on

On January 30, 2019, the Department of Homeland Security (DHS) announced a final rule amending the way the U.S. Citizenship and Immigration Services (USCIS) conducts the annual H-1B cap lottery. This rule reverses the order...more

Foster Garvey PC

New Rule Amending H-1B Lottery Selection Process Effective April 1, 2019

Foster Garvey PC on

On January 30, 2018, the Department of Homeland Security (DHS) issued a final rule revising the random selection process (commonly referred to as the annual “H-1B Lottery”) by which the U.S. Citizenship and Immigration...more

Akin Gump Strauss Hauer & Feld LLP

DHS Finalizes Changes to H-1B Lottery, but Delays New H-1B Prefiling Registration System Till 2020

• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019. • DHS will reverse the order of the H-1B lottery...more

Burr & Forman

DHS Issues Final H-1B Lottery Rule

Burr & Forman on

In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more

Fisher Phillips

Government Unveils Details For 2019 H-1B Lottery - A 5-Step Plan To Successfully Navigate This Year’s Lottery

Fisher Phillips on

The federal government just published its final rule amending the regulations that will govern petitions filed under the H-1B work visa lottery. Although the final rule is effective April 1, 2019, the Department of Homeland...more

Shumaker, Loop & Kendrick, LLP

Changes to the H-1B Program Are Coming

On January 31, 2019, the Department of Homeland Security announced two major changes to the H-1B program. Under the final rule, which takes effect April 1, 2019, employers seeking to file H-1B petitions will now be required...more

Miles & Stockbridge P.C.

USCIS Finalizes New System for Filing Cap-Subject H-1B Petitions

On January 30, 2019, the Department of Homeland Security announced a final rule amending regulations governing H-1B cap-subject petitions. The final rule reverses the order by which U.S. Citizenship and Immigration Services...more

Polsinelli

H-1B Regulatory Changes Scheduled to be Effective April 1, 2019/ Confirmed Delay in Changes to H-1B Cap Pre-Registration Process

Polsinelli on

The Department of Homeland Security has announced that the proposed regulations making fundamental changes to the H-1B cap-selection process have been finalized and will be published in the Federal Register on January 31,...more

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