News & Analysis as of

H-1B Beneficiaries

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 -
Jackson Lewis P.C.

H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap

Jackson Lewis P.C. on

Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the...more

Seyfarth Shaw LLP

H-1B Cap Rule – Did it Work?

Seyfarth Shaw LLP on

As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Jackson Lewis P.C.

Proposed Rule to Reform, Modernize H-1B Program

Jackson Lewis P.C. on

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

Nilan Johnson Lewis PA

June 2020: A Bumpy Ride for Employers Who Sponsor Foreign Workers

Nilan Johnson Lewis PA on

June 2020 is already proving itself to be a challenging month for employers who sponsor foreign workers. H-1B Cap Season - This year’s H-1B cap program was administered differently than it has been in previous years....more

Morgan Lewis

Long-Awaited DHS Regulation to Ease Job Portability Announced

Morgan Lewis on

The final regulation, which will take effect on January 17, 2017, clarifies USCIS policies and improves job portability for highly skilled foreign workers....more

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