News & Analysis as of

H-1B Visa Caps Non-Immigrant Visas

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 -
Miles & Stockbridge P.C.

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain...more

Stevens & Lee

H-1B Fiscal Year 2024 Cap Reached and What’s Next for Fiscal Year 2025

Stevens & Lee on

On December 13, 2023, United States Citizenship and Immigration Services (“USCIS”) announced that it reached the requisite number of H-1B Cap petitions and stopped making further selections for Fiscal Year 2024. Fiscal...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

Kerr Russell

Immigration Insider | December 2023

Kerr Russell on

Updates regarding the H-1B visa cap and a new pilot program to renew passport visas within the United States are included in the latest edition of the Immigration Insider....more

Fisher Phillips

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

Fisher Phillips on

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

Lippes Mathias LLP

Avoiding H-1B Status: Some Workable Options

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The biggest problem with H-1B status is that Congress has authorized so few of them to be approved on an annual basis. For some non-profit employers, the cap on the numbers does not impact them... Originally published by...more

Kerr Russell

Immigration Insider | January 2023

Kerr Russell on

The U.S. Department of State announced that it will extend the authority of consular officers to waive in-person interviews for some non-immigrant visa categories through December 31, 2023. The determination to waive the...more

Tarter Krinsky & Drogin LLP

H-1B Cap Filing Season is Just Around the Corner: A Refresher on the H-1B Process - January 2022

Background- The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas and facilitates the employment of foreign nationals entering the United States to perform employment in...more

Tarter Krinsky & Drogin LLP

Law Brief: H-1B Visas – New Process and New (Upcoming) Deadlines

Immigration partner Roxanne Levine joined Litigation partner and host Rich Schoenstein to discuss the new filing process for H-1B visas, which provide a nonimmigrant temporary visa category for certain foreign nationals that...more

Proskauer Rose LLP

Last Minute Changes Affect Family Members of Nonimmigrant Workers

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USCIS to Publish Revised Form I-539 and New Form I-539A - This week the United States Citizenship and Immigration Service (USCIS) announced sweeping changes to the I-539 and I-539A forms and processes. Starting on March...more

Miles & Stockbridge P.C.

H-1B Cap Filing Season Begins on April 1, 2016

On Friday April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. It is critical that employers begin preparation as soon as possible for...more

Proskauer Rose LLP

Holiday Planning Should Include H-1B Cap Planning

Proskauer Rose LLP on

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

Mintz - Immigration Viewpoints

H-1B Alternatives Series: Concurrent H-1B Employment

In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with...more

Mintz

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2015

Mintz on

Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Mintz - Immigration Viewpoints

FY2016 Cap Petition Return Complete

USCIS announced on July 14, 2015, that it completed the return of rejected fiscal year 2016 H-1B cap-subject petitions. It was previously announced on May 4, 2015, that USCIS completed data entry of all selected...more

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