News & Analysis as of

H-1B Highly-Skilled Workers Visa Proposed Regulation

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

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

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

Potential Changes Coming to the H-1B Program

On September 19, 2023, U.S. Citizenship and Immigration Services (USCIS) submitted proposed regulations for federal review entitled “Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program.”...more

Akin Gump Strauss Hauer & Feld LLP

What's New in Washington - November 2019

Congress returns to Washington this week after the Thanksgiving recess to find a feast of leftover legislative items still on the table. Congress has a limited number of days remaining on the 2019 legislative calendar to...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Laner Muchin, Ltd.

U.S. Department of Homeland Security Proposes Changes To The H-1B Work Visa Program

Laner Muchin, Ltd. on

On November 30, 2018, the U.S. Department of Homeland Security (DHS) announced a notice of proposed rulemaking that seeks to make significant changes to H-1B cap petitions, commonly known as the H-1B Visa Lottery....more

Polsinelli

USCIS Announces Proposed Rule for H-1B Pre-Registration - Fundamental Changes to H-1B Lottery System Expected

Polsinelli on

On November 30, 2018, the United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) announced a notice of proposed rulemaking in the Federal Register entitled “Registration...more

Kramer Levin Naftalis & Frankel LLP

USCIS to Implement a Registration System for H-1B Cap Filings and Other Developments

USCIS to Implement a Registration System for H-1B Cap Filings On Monday, Dec. 3, U.S. Citizenship and Immigration Services (USCIS) issued a proposed regulatory rule to establish an electronic registration program for...more

Cozen O'Connor

Important Proposed Changes to the H-1B Visa

Cozen O'Connor on

On May 6th, the Department of Homeland Security (DHS) announced two proposed rule changes in hopes to attract new investment and business to the United States. The proposals would extend employment authorization to spouses of...more

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

DHS Publishes Proposed Rules to Attract and Retain Highly-Skilled Immigrants

On May 6, 2014, the U.S. Department of Homeland Security (DHS) announced the publication of two proposed rules that reflect the Obama Administration’s “continuing commitment to attract and retain highly skilled immigrants.” ...more

Mintz - Immigration Viewpoints

USCIS Proposes Changes to Allow Some H-4 Spouses to Work

On May 12, 2014, US Citizenship and Immigration Services (USCIS) published two notices of proposed rulemaking in the Federal Register. The public is able to comment on the proposed rules during the 60-day comment period. The...more

Morgan Lewis

Homeland Security Issues Proposals to Attract/Retain Highly Skilled Immigrants

Morgan Lewis on

Proposed regulations would grant employment authorization to qualifying H-4 nonimmigrants; apply a 240-day extension of employment authorization to timely filed requests for extensions of stay for E-3, H-1B1, and CW-1...more

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