H-1B United States Citizenship and Immigration Services

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

FY2018 H-1B Cap Random Lottery Confirmed

During this time of increased unpredictability in US immigration law, it was good to see that the US Citizenship and Immigration Service had confirmed that the upcoming FY2018 H-1B random lottery will be conducted in the same...more

How Will Cap-Exempt Institutions Respond to USCIS’s Suspension of H-1B Premium Processing?

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium...more

Extending Work Authorization for Recent Graduate Working on OPT

Many of you are planning on filing Fiscal Year (FY) 2018 H-1B cap cases for recent graduates working for you on a post-degree completion Optional Practical Training (OPT) Employment Authorization Document (EAD). Those...more

Employee Visa Delays In Store for Employers

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly...more

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

In an unprecedented development last week, a Federal District Judge in Hawaii issued a nationwide restraining order halting President Trump’s second travel ban. The successful challenge, brought by the State of Hawaii, once...more

Gear Up for H-1B, L-1 Reforms

Aiming to reform and reduce fraud and abuse in the H-1B and L-1 visa programs, bipartisan bills have been introduced in both Houses of the Congress. Outsourcers are the top users of H-1B visas. These companies are known to...more

March = Last Call for H-1B Cap Cases

Employers must initiate new H-1B Cap cases with their lawyers, and a filing with the Department of Labor is required before the H-1B petition can be filed with USCIS. So, time is running out if employers want to ensure that...more

DHS Site Visits and Inspections — Be Prepared

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. President Trump signed a revised executive order restricting travel—known...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility valid to April 1, 2017 or later, and an H-1B filing on your behalf has been...more

Immigration Group News: USCIS to Suspend Premium Processing for H-1B Cap Cases

Last week, USCIS announced that beginning on April 3rd, 2017, they will no longer be accepting H-1B petitions filed under the premium processing service. This service allowed for petitioners to pay an extra fee in order to...more

USCIS Suspends H-1B Premium Processing Beginning April 3, 2017

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more

WPI Insider Briefing: Spotlight on Health Care and Regulatory Reform Under the Trump Administration

On February 28, 2017, President Trump delivered his first address to a joint session of Congress, outlining a broad vision of his agenda. The Trump administration is widely expected to chart a dramatically different course on...more

USCIS Suspends Premium Processing for H-1B Filings

On Friday, March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of the premium processing option for all H-1B petitions filed on or after April 3, 2017. This suspension includes...more

Trump Administration Suspends Fast-Tracked H-1B Visas

On March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced it would suspend premium processing, often referred to as fast tracking, for all H-1B petitions. The suspension takes effect on April...more

USCIS Temporarily Suspends Premium Processing of H-1B Petitions

USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more

USCIS Suspends Premium Processing for H-1B Petitons Beginning April 3rd

The USCIS announced on March 3, 2017 that beginning April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. According to the USCIS, the suspension may last up to 6 months. While H-1B premium...more

Premium Processing to be Temporarily Suspended for H-1B Petitions

As of April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. Therefore petitioners will not have the option to request 15-day, premium processing on H-1B petitions filed on or after April 3,...more

USCIS Temporarily Suspends Premium Processing of All H-1B Petitions Filed On or After April 3, 2017

On March 3, 2017, USCIS announced it will suspend Premium Processing of all H-1B petitions filed April 3, 2017 and later. The suspension may last up to six months, and is intended to reduce the processing times for H-1B...more

Recent Developments in Business Immigration Law - USCIS to suspend H-1B Premium Processing next month

U.S. Citizenship and Immigration Services (USCIS) has announced that it will suspend Premium Processing of all H-1B filings starting on April 3, 2017. This includes all Fiscal Year 2018 H-1B cap filings, as well as H-1B...more

Trump Administration Suspends Premium or Expedited Processing of All H-1B Petitions!

On April 3, 2017, the Trump Administration Will Suspend for up to 6 Months All Expedited or Premium Processing of H-1B Petitions. This is the latest in a series of changes or attempted changes to immigration policies...more

USCIS to Suspend Premium Processing of H-1B Petitions

Another week brings another unexpected new development in the world of immigration. On Friday, March 3, 2017, United States Citizenship and Immigration Services (USCIS) announced that starting on April 3, 2017, it will...more

U.S. Immigration to Suspend Premium Processing for All H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that as of Monday, April 3, 2017, it will not accept Premium Processing requests for H-1B visa petitions for a temporary period expected to last up to six (6)...more

No H-1B Premium Processing. At All. For Who Knows How Long.

On March 3, 2017 USCIS announced that it will not honor any requests for premium processing for ANY H-1B petitions filed starting April 3 until further notice. That includes capped and cap-exempt petitions, and petitions for...more

USCIS Suspends Premium Processing Service for H-1B Cases Effective April 3, 2017

USCIS has announced the temporary suspension of the Premium Processing service for all H-1B cases filed on or after April 3, 2017. This suspension applies to all H-1B cases filed – including those filed under the FY2018...more

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