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

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

A Closer Look at the USCIS Final Rule on High-Skilled Immigration

On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ and retain foreign national workers in the United States (Final Rule)....more

Visas for the U.S.: What Are Your Options?

This post is for the many French people who ask me on a regular basis about the U.S. visas that are available to them. Several visa categories exist. This post will focus on the most commonly used in the case of French...more

New Regulations Clarify Which Employers Are Exempt From Yearly H-1B Quota

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The new rule, which becomes effective on January...more

USCIS Increases Filing Fees Effective December 23, 2016

For the first time since November 2010, the filing fees for many of the petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase, effective December 23, 2016. All applications...more

New DHS Rule Gives Employers, Employees Flexibility in the Face of Immigrant Visa Backlogs

The Department of Homeland Security published a final rule on November 18, 2016, relating to certain employment-based visa programs. The new regulations will go into effect on January 17, 2017. The rule focuses on job...more

Business Immigration Under President-Elect Trump

With one of the most divisive presidential elections in U.S. history behind us, the question remains: How will the election of Donald Trump affect business immigration? Many people were concerned by his rhetoric during the...more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect on January...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

USCIS New Rule Implements Old Laws with a Few Twists

USCIS has published a final rule, to take effect January 17, 2017, ensconcing in regulations most of the policies it had long ago worked out in memorandums implementing provisions of 1998 and 2001 laws intended to bridge some...more

2016 Election Guide: A Guide to Trump-era Changes in Business Immigration

K&L Gates has prepared “A Guide to Trump-era Changes in Business Immigration” to provide employers and foreign nationals working in the United States with meaningful information on expected changes to U.S. business...more

Long-Awaited DHS Regulation to Ease Job Portability Announced

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

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based...more

Cap-Exempt H-1B Employment Clarified by DHS

In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more

DHS Codifies and Clarifies the Parameters of Cap-Exempt H-1B Employment

In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that...more

Immigration Policy Choices Under the New Administration

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

U.S. Department of Homeland Security Issues Final Rule on Immigrant Visa Petition Retention and Program Improvements Affecting...

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take...more

American Businesses Should be Concerned by Trump’s Announcement That He Will Nominate Jeff Sessions as Attorney General

President-elect Donald Trump has announced that he intends to nominate Senator Jeff Sessions for Attorney General. If confirmed, the conservative Senator from Alabama would serve as the country’s top law enforcement official....more

What will U.S. Business Immigration Look Like Under A Trump Administration?

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

USCIS Publishes Long-Awaited High-Skilled Immigration Rule

The United States Citizenship and Immigration Services (USCIS) has published its long-awaited “High-Skilled Nonimmigrant Workers” regulation today, Nov. 18, 2016. This regulation was proposed on Dec. 31, 2015. It will become...more

Job Flexibility Rule for Immigrant Workers Finalized

The U.S. Department of Homeland Security (DHS) issued a final rule that will effect skilled foreign workers in the United States. The final rule provides benefits to certain employment-based immigrant and non-immigrant visa...more

Revised I-9 Employment Eligibility Verification Form: Effective January 22, 2017

A revised version of Form I-9, Employment Eligibility Verification has been published. Effective January 22, 2017, employers must only use the new version of the Form I-9 dated 11/14/2016 N. The old version dated 03/08/2013 N...more

The Election Results Are In: Now What?

President-elect Donald J. Trump successfully campaigned using a simple pledge to, “Make America Great Again!” In January, the Trump administration and a Republican-majority Congress will begin work on what could be sweeping...more

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