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H-1B Immigration Reform Immigrants

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

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Seyfarth Shaw LLP

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

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For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...more

Littler

Not Selected in H-1B Cap Registration? There Are Options!

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Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...more

Seyfarth Shaw LLP

April 2024 Global Immigration Alert

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While we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global...more

CDF Labor Law LLP

Change is Coming to the H-1B Visa

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On February 1, 2024, USCIS issued two regulations that will dramatically change the operation of the H-1B visa program. H-1B visas are available to employers who wish to employ foreign nationals in positions that typically...more

Seyfarth Shaw LLP

USCIS Announces Significant Fee Increases Effective on April 1, 2024

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Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits....more

Burr & Forman

Domestic Visa Renewal Could Return in 2024

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The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

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1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Littler

DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and...

Littler on

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

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A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Akerman LLP - HR Defense

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...more

Dentons

Time to Start the H-1B “Cap” Registration and Lottery

Dentons on

The new year brings new possibilities, including a chance to register for the H-1B “lottery” for the fiscal year 2023. As a reminder, because of a limited number of new H-1Bs available for most employers, each year the U.S....more

Burr & Forman

Regional COVID-19 Travel Ban Exception Criteria Change

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While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates.  Travel restrictions aimed at curbing the spread of...more

FordHarrison

USCIS Gears up for the H-1B FY22 Cap Cycle

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Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more

Stinson LLP

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more

CDF Labor Law LLP

DHS Releases FY 2022 H-1B Lottery Instructions

CDF Labor Law LLP on

Last week, the United States Citizenship & Immigration Services (“USCIS”) released information regarding the upcoming federal fiscal 2022 H-1B lottery.  USCIS announced that it will begin accepting registrations for the H-1B...more

Littler

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

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The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

Burr & Forman

Top 5 Immigration Expectations Under the Biden Presidency

Burr & Forman on

From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more

Fisher Phillips

The Undoing Of Trump’s Immigration Agenda: Biden Unveils Series Of Immigration Reforms

Fisher Phillips on

One day is all it took for the Biden-Harris administration to repudiate the Trump-era crackdown on immigration. By issuing a series of Executive Actions, Presidential Memoranda, and Proclamations on January 20 and the days...more

Littler

President Biden Issues New Executive Orders and Supports Comprehensive Reform of Immigration Policy

Littler on

Former President Trump’s administration made countless policy changes that have transformed the U.S. immigration landscape over the past four years. With President Biden now in office after running a presidential campaign...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Akerman LLP - HR Defense

Biden Quickly Shifts Immigration Policies – What Employers Need to Know

With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that...more

Morgan Lewis

Biden Administration Issues Executive Orders, Proposes Sweeping Immigration Changes on Day 1

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Following the inauguration of President Joe Biden and Vice President Kamala Harris, President Biden signed several executive orders related to immigration. And, as promised by the Biden transition team, the Biden...more

Kramer Levin Naftalis & Frankel LLP

H-1B Cap Season, Mandatory COVID-19 Testing for All International Air Travelers to the US, and I-90 Receipt Rule

We anticipate that in March 2021, U.S. Citizenship and Immigration Services (USCIS) will open the electronic registration process for the fiscal year 2022 H-1B cap for professional positions. Please review your employment...more

Kramer Levin Naftalis & Frankel LLP

US Citizenship and Immigration Services Announces Wage-Based H-1B Cap Selection Process

On Jan. 8, the Department of Homeland Security published a final rule, effective March 9, changing the way the U.S. Citizenship and Immigration Services (USCIS) will select H-1B cap-subject registrations. Instead of using a...more

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