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H-1B Required Forms

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 -
Gibney Anthony & Flaherty, LLP

Stateside Visa Renewal to Begin January 29, 2024

As anticipated, on December 21, 2023, the Department of State (DOS) published the Federal Register notice announcing its stateside visa renewal pilot program for H-1B visa holders. The notice outlines the program requirements...more

Littler

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

Littler on

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Cozen O'Connor

Changes to USCIS Fee Schedule and Forms

Cozen O'Connor on

On August 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20%....more

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

USCIS Delays Implementation of Revised Form I-539 and New Form I-539A

U.S. Citizenship and Immigration Services (USCIS) announced that the agency is postponing the implementation of the revised Form I-539 and the new Form I-539A. USCIS will continue to accept the current Form I-539, with the...more

Seyfarth Shaw LLP

USCIS Announces New Version of Form I-539, Application to Extend/Change Nonimmigrant Status, Which Includes Significant Changes

Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 11, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it revised Form I-539 and that the new version will be released on March 11, 2019. ...more

Seyfarth Shaw LLP

Sourcing The Right Talent While Grappling With Business Immigration: A Continuing Tug-of-War

Seyfarth Shaw LLP on

Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more

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

More H-1B Third-Party Placement Changes: DOL Proposes Significant Changes to H-1B LCA Form

U.S. employers that hire and place foreign workers with H-1B visas at third-party worksites may be faced with additional burdens in the H-1B petition process. The U.S. Department of Labor (DOL) has released proposed changes...more

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