News & Analysis as of

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 -

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and...more

USCIS Completes Its Fiscal Year 2018 H-1B Cap Lottery

by Epstein Becker & Green on

On April 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) announced that it has completed its random lottery to determine which of the H-1B cap cases that it received from Monday, April 3, to Friday, April 7,...more

H-1B Cap Reached Again within First Five Business Days – But Fewer Petitions Received than the Last 4 Years

by Proskauer Rose LLP on

On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than visas available under the statutory cap of 65,000 general-category and 20,000 U.S. Master's for the...more

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

by Fisher Phillips on

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

New Executive Order Targets H-1B Visas

by Tonkon Torp LLP on

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. Increased Enforcement; New Regulations and Guidance...more

FY2018 H-1B Lottery Applications Decline for First Time in 5 Years

by Fisher Phillips on

United States Citizenship and Immigration Services (USCIS) announced earlier this week that it received 199,000 H-1B petitions for the FY 2018 H-1B cap. As usual, this far exceeds the total allocation of 65,000...more

USCIS Reveals H-1B Cap Submission Numbers & President Trump Signs a New Executive Order

by Mintz Levin on

As a follow-up to the April 7, 2017 announcement that the H-1B cap had been reached, on Monday, April 17, USCIS revealed that it has now completed the random selection of the 85,000 petitions for the quota and that in total,...more

New Executive Order Addresses H-IB Visas

by Littler on

On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more

Buy American and Hire American and the H-1B Lottery

by Franczek Radelet P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

H-1B Cap Lottery Completed for FY2018

by Moore & Van Allen PLLC on

On April 17th, USCIS announced that it received 199,000 H-1B petitions during the FY2018 cap filing period, which began April 3, 2017. USCIS has also completed the computer-generated random selection process (aka the...more

USCIS Announces FY 2018 H-1B Visa Cap Reached

by Cohen & Grigsby, P.C on

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

USCIS H-1B Cap Numbers

by Cozen O'Connor on

The U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2017 that the agency reached the congressionally mandated number of 65,000 visa H-1B Cap petitions for FY2018. USCIS reported on April 17, 2017 that...more

H-1B Cap Reached; President Trump Signs H-1B Executive Order

On April 7, only five business days into the filing season, U.S. Citizenship and Immigration Services (USCIS) announced that it had already received a sufficient number of H-1B petitions to reach the statutory caps for both...more

H-1B Employers Face Increased Site Visits

by McGuireWoods LLP on

Employers using the H-1B visa program should take note as additional site visits may be on the horizon. U.S. Citizenship and Immigration Services (“USCIS”), part of the Department of Homeland Security, recently announced a...more

USCIS Completes Count of H-1B Cap–Subject Petitions, Begins Issuing Receipts

by Morgan Lewis on

199,000 H-1B petitions were received during the filing period. US Citizenship and Immigration Services (USCIS) announced on April 7 that it had reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018...more

USCIS Receives 199,000 H-1B Cap Petitions and Completes Lottery Process

by Seyfarth Shaw LLP on

Seyfarth Synopsis: USCIS completes the lottery process and receives 199,000 H-1B cap petitions. On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it received 199,000 H-1B...more

USCIS Announces FY 2018 H-1B Cap Lottery Completed and Total Filed Numbers

United States Citizenship and Immigration Services (USCIS) announced on April 17, 2017, that it had completed its annual H-1B lottery and had selected a sufficient number of H-1B petitions to meet the 65,000 petition...more

Alert: USCIS Conducts Random H-1B Lottery for FY 2018

Today, after receiving 199,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) on April 11 to select the H-1B...more

Port-of-Entry Inspections and NAFTA Professional (TN) Visas: Differential Diagnosis for Advance Practice Nurses

Since President Trump first issued his executive order suspending travel to the United States by certain foreign nationals, a flood of generalized reports regarding changes to U.S. port-of-entry inspection operations emerged....more

U.S. Citizenship and Immigration Services and Department of Labor Announce Further Measures to Detect H-1B Visa Fraud and Tighten...

by SmithAmundsen LLC on

While the H-1B petitions submitted for the lottery this cap season were still in transit to the U.S. Citizenship and Immigration Services (USCIS), both the USCIS and the Department of Labor (DOL) announced several measures...more

H-1B Cap Case Receipts Have Started

by Cozen O'Connor on

Two weeks after the close of the FY 2018 H-1B Cap on April 7, 2017, members of the American Immigration Lawyers Association (AILA) are reporting they are receiving receipts for Cap cases. This is very good news, after this...more

H-1B Lottery Update!

by Fox Rothschild LLP on

Yesterday, USCIS announced it has completed the H-1B cap FY 2018 random selection process (also known as the H-1B lottery). This means USCIS has completed the lottery and has selected enough petitions to meet the 65,000...more

Trump Administration Announces Changes to the H-1B Program

by Dickinson Wright on

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well...more

USCIS Reaches Statutory Limit of H-1B Cap Cases for Fiscal Year 2018

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018...more

Special Immigration Alert: April 2017

by Epstein Becker & Green on

The 2018 H-1B Cap Has Been Reached - On April 7, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the congressionally mandated H-1B cap for fiscal year 2018 (“FY18”). This...more

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