H-1B

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 -
News & Analysis as of

Immigration Penalties Adjusted for Inflation Increases to Take Effect August 1

On June 30 and July 1, 2016, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the U.S. Department of Labor (DOL) each published separate interim final rules in the Federal Register to...more

USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions

Employers with FY 2017 H-1B cap cases not chosen for processing should have received their returned petition packages with fee checks by July 8. The agency continues to process receipted non-premium H-1B cap petitions and...more

Increased Fines for I-9 and Other Immigration Violations Effective August 1, 2016

The U.S. Departments of Homeland Security (DHS), Justice (DOJ), and Labor (DOL) announced increased civil fines against employers who commit immigration-related offenses, such as Form I-9 and E-Verify violations, H-1B visa...more

USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions

On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery....more

Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B...more

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

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

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

Presidential Election Adds Turmoil to Visa Process

The presidential election is coming soon, and voters may not understand how the candidates stand on immigration issues. Donald Trump is the presumptive Republican candidate. Hillary Clinton and Bernie Sanders are both vying...more

CAP H-1B Rejections Starting to Arrive, June Visa Bulletin - Heightened Demand for Employment-Based Adjustments of Status Causes...

On June 14, 2016, Clark Hill started to receive rejected CAP H-1B petitions. If an H-1B petition was filed on your behalf by Clark Hill, we will send you an e-mail when we receive an update on your case. On April 7,...more

Travel Alert: Extensive Visa Wait Times at U.S. Consular Posts in India

Seyfarth Synopsis: Department of State reports extensive wait times for visa appointments at consular posts in India. Foreign nationals planning to apply for a visa stamp in India this summer should expect wait times...more

Lawsuit Against DHS and USCIS Seeks Transparency in H-1B Lottery Process

The American Immigration Council and the American Immigration Lawyers Association (AILA) have brought a lawsuit against the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services (USCIS). The...more

I-9 Compliance Wisdom from Meeting Between AILA, USCIS and ICE

On May 3, 2016, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’ Verification Division and U.S. Immigration and Customs Enforcement (ICE), Homeland Security...more

Recent Study Says American Economy Needs More Skilled Immigrants

A recent report by a Dartmouth College professor suggests that current H-1B are too restrictive, limit productivity grown and are cost businesses in the United States thousands of dollars per worker. At a time when...more

“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements

United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in...more

An Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas

Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Corporate Immigration: Changing the Way America Does Business

The United States is undoubtedly a country filled with opportunity, prosperity, and diverse culture. Although America is one of the richest, most economically powerful countries in the world, it is important to recognize that...more

Immigration Update: H-1B Cap FY2017 and Aftermath; Adjudicating the L-1A Functional Manager Petition Requires Consideration of...

The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more

Government Filing Fee Changes May Be Coming Soon

On May 3, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule that seeks to increase filing and processing fees for certain applications. The proposed rule will be open to comment from the public until...more

USCIS Has Completed Data Entry of FY 2017 H-1B Cap-Subject Petitions

On May 2, 2016, USCIS announced that it has completed data entry for all FY 2017 H-1B cap-subject petitions selected in this year’s lottery. H-1B cap-subject petitions that were not selected in the lottery are being returned....more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

U.S. Government Expands Job Opportunities for Foreign STEM Students

As HR Legalist has reported, the H-1B Cap has been met for FY2017. USCIS received over 236,000 petitions. From among this number were selected the congressionally mandated limit of 65,000 regular cap H-1B petitions, and an...more

USCIS Completes the H-1B Cap Lottery Selection Process and Data Entry for Fiscal Year 2017

U.S. Citizenship and Immigration Services (USCIS) announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in a computer-generated random lottery. Mintz Levin has...more

USCIS Finishes Data Entry of H-1B Cap Subject Petitions

On May 2, 2016, U.S. Citizenship & Immigration Services (USCIS) notified stakeholders and the public that it completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected by its random computer-generated...more

USCIS Has Completed Data Entry for FY 2017 Cap-Subject Petitions

Some cap-subject cases will be transferred to speed up processing. On May 2, United States Citizenship and Immigration Services (USCIS) announced that it has completed data entry of all FY 2017 H-1B cap-subject...more

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