News & Analysis as of

Foreign Workers H-1B Filing Requirements

Dentons

H-1Bs – Caps, Gaps, and Status

Dentons on

Q: When can I start working in H-1B status? A: Registrants in the fiscal year (FY) 2024 lottery cannot begin employment until October 1, 2023....more

Gibney Anthony & Flaherty, LLP

FY 2024 H-1B Cap Registration Dates Announced

USCIS announced that the initial electronic registration period for the fiscal year (FY) 2024 H-1B cap season will run from noon Eastern on March 1 through noon Eastern on March 17, 2023....more

Akerman LLP - HR Defense

Luck Strikes Twice for Certain FY 2021 H-1B Petitioning Employers

Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers...more

Harris Beach PLLC

Cap Closed: USCIS Notifies Selected H-1B Cap Registrants

Harris Beach PLLC on

The H-1B cap selection process has ended and the race to file petitions for selected registrants has begun. USCIS announced that on March 30, 2021, enough electronic registrations had been received during the initial...more

Foster Garvey PC

H-1B Filing Season Is Almost Here – 3 FAQs for Employers

Foster Garvey PC on

H-1B cap filing season is fast approaching. U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming, new H-1B cap electronic registration commencing this year on...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

Seyfarth Shaw LLP

Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda — Agency Also Offers Unclear Guidance on H-1B...

Seyfarth Shaw LLP on

In the wake of recent losses in the federal courts, U.S. Citizenship and Immigration Services (USCIS) – on June 17, 2020 – issued a memorandum that rescinds two agency policies which, for more than ten years, had forced...more

FordHarrison

New Registration Process for FY 2021 H-1B Filing Season

FordHarrison on

A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more

UB Greensfelder LLP

USCIS Announces New Pre-Filing Registration System for 2020 H-1B Filing Season

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) has announced that it will use its new online registration system in next year’s filing season for H-1B specialty occupation visas, which will allow employers to wait until...more

Bradley Arant Boult Cummings LLP

Help for H-1B Hopefuls? Changes Coming to the H-1B Visa Cap Process

Employers who seek to sponsor foreign workers for cap-subject H-1B visas in 2020 will likely see a big change in the process – the use of an electronic pre-registration system that many believe will improve efficiency and...more

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

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

Burr & Forman

Third-Party Placement for H-1B Beneficiaries Sees Increased Scrutiny as Cap Deadline Nears

Burr & Forman on

With April 1, 2019 and the H-1B cap deadline quickly approaching, employers seeking to use H-1B workers in third-party worksite arrangements will likely continue to see increased scrutiny from USCIS. Third-party worksite...more

Burr & Forman

DHS Proposes Major Lottery Changes Ahead Of H-1B Filing Season

Burr & Forman on

Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips on

The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...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

Morgan Lewis

USCIS Completes Count of H-1B Cap–Subject Petitions, Begins Issuing Receipts

Morgan Lewis on

199,000 H-1B petitions were received during the filing period. US Citizenship and Immigration Services (USCIS) announced on April 7 that it had reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018...more

FordHarrison

The Race to File H-1B Work Visas on April 1, 2017

FordHarrison on

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

Fisher Phillips

Pilot Program May Soon Help Streamline Employment-based Visa Process

Fisher Phillips on

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

Fisher Phillips

FY17 H-1B Cap Filings Begin April 1, 2016

Fisher Phillips on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”)....more

Baker Donelson

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

Baker Donelson on

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

Polsinelli

H-1B Worksite Changes: Can Employers Expect Relief Before August 19th Deadline?

Polsinelli on

As H-1B employers scramble to create a plan of action to ensure compliance with new guidelines and interpretations surrounding H-1B workers and changes in worksite, industry leaders are calling for more temperate policy...more

Baker Donelson

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

Baker Donelson on

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

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