News & Analysis as of

H-1B Work Permits

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 -
Seyfarth Shaw LLP

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

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For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...more

Seyfarth Shaw LLP

April 2024 Global Immigration Alert

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While we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global...more

Tarter Krinsky & Drogin LLP

Canada’s Creative Approach to Luring Foreign Talent Impacting U.S. H-1B Visa Holders

On July 16, 2023, the Immigration, Refugees, and Citizenship Canada (IRCC) enacted a new immigration program aimed exclusively at U.S. H-1B visa holders. The program announced that the annual cap of 10,000 applications had...more

Quarles & Brady LLP

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up...

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At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent...more

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

Canada Makes a Competitive Play for H-1B Holders

Canada has announced an open work-permit stream directly recruiting U.S. foreign national H-1B visa holders to relocate to Canada....more

Hahn Loeser & Parks LLP

A Shift In Immigration Priorities: Anticipated Changes From The Biden Administration

Hahn Loeser & Parks LLP on

President-elect Joe Biden’s administration will inherit the Trump administration's restrictive immigration policies and regulations. During President Trump’s tenure, he has overseen more than 400 immigration policy changes –...more

Tonkon Torp LLP

The Impact Of COVID-19 On Business Immigration

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COVID-19 is rapidly affecting business immigration in multiple ways. Below is an outline of key impacts to date. International Travel- •Most U.S. embassies and consular posts have temporarily suspended visa services......more

Akerman LLP - HR Defense

Preregistration Process Brings Revamp and Uncertainty to H-1B Visa Program

Akerman LLP - HR Defense on

U.S. employers wanting to hire foreign professionals should identify those eligible for H-1B sponsorship as soon as possible to allow sufficient time to navigate newly required procedures in March 2020, including using the...more

Littler

USCIS Announces Timeline for FY 2021 H-1B Electronic Pre-Registration Process

Littler on

On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more

Kramer Levin Naftalis & Frankel LLP

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

Seyfarth Shaw LLP

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

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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

Tarter Krinsky & Drogin LLP

Immigration Policy and President Trump – Deciphering and Reconfiguring our Immigration System

During his campaign, President-elect Trump had promised to place the issue of immigration at the top of his agenda once sworn in as president in January 2017. Some programs may be immediately repealed and others will require...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 and an H-1B change of status filing on your behalf has been accepted by US...more

Littler

Update on STEM OPT Extension Rule

Littler on

A February 12, 2016, court-imposed deadline to determine the fate of certain student work permits is fast approaching. At this point, it is unclear whether the U.S. Department of Homeland Security (DHS) will be able to meet...more

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

Update on STEM OPT Work Permit Extension: Administrative Process for Regulation Is Underway

In response to Judge Ellen Segal Huvelle’s ruling in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security et al., No. 14-529 (August 12, 2015) that vacated the previous regulations on STEM...more

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