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

Job Relocations May Trigger Need for Amended H1-B Petition

Before moving an employee with an H1-B visa to a different office or worksite, the employer may have to file an amended H1-B petition, according to a recent US Citizenship and Immigration Services (USCIS) Administrative...more

Iowa Immigration Law Blog: Update on Visa Delays and H-1B News

Visa Delays World Wide - The Department of State (DOS) has announced that due to a central computer hardware problem, visa issuance has temporarily stopped. Applicants interviewed after June 9 will experience...more

Q&A With Kirton McConkie's Jacob Muklewicz

Jacob T. Muklewicz is a Shareholder in Kirton McConkie PC's Salt Lake City office. Muklewicz's practice focuses on business and investor immigration. He helps employers and investors obtain the proper visas for their...more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

The TN visa category: An oasis in the desert of dried up international talent pools

During the first week of April, when U.S. Citizenship and Immigration Services (USCIS) accepted new H-1B petitions subject to the annual cap, USCIS received approximately 233,000 petitions for only 85,000 available H-1B visas...more

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

Didn’t Make the H-1B Cut? Here are Some Alternatives

As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption for...more

Get to Work: Employment Authorization for H-4 Spouses

On May 26, 2015, US Citizenship and Immigration Services (USCIS) will begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants. Eligible individuals include H-4...more

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on when to file an amended H-1B petition pursuant to the USCIS Administrative Appeal Office (AAO) precedent decision in Matter of Simeio Solutions, LLC....more

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

Effective May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) temporarily suspended premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Petitioners will not be able to file Form...more

AAO Guidance Clarifies That Worker Mobility May Come at a Cost

In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a...more

Immigration Update: Employers Must File Petition When H-1B Worker Changes Locations

Following the precedent decision issued on April 9, 2015 by the USCIS Administrative Appeals Office (AAO) in Matter of Simeio Solutions, LLC employers must now be more cognizant than ever before of the requirements when...more

A Busy Summer Ahead for Some H-1B Employers: USCIS Instructs on H-1Bs with Worksite Changes

In a controversial ruling last month that changed years of established policy, the Administrative Appeals Office (AAO) issued an H-1B precedent decision. At issue was whether an employer is required to file not only a new...more

FY 2016 H-1B Cap Petition Not Selected: What Are the Options?

Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved...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 and an H-1B filing on your behalf has been accepted by US Citizenship and...more

Federal Court Refuses to Block H-4 EAD Rule During Pendency of Lawsuit

As previously reported, a lawsuit filed in the U.S. District Court for the District of Columbia, by Save Jobs USA, sought to vacate the H-4 rule allowing spouses of certain H-1B workers to file for and obtain Employment...more

USCIS temporarily suspends premium processing for H-1B Extension of Stay petitions

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this timeframe, petitioners will not be...more

USCIS Guidance Clarifies Employer Obligations to Amend H-1B Visa Petitions, Sets Compliance Deadline

On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location. This guidance is in...more

USCIS on Amended H-1B Petitions for Change in Work Location

As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published...more

New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, USCIS will temporarily suspend the 15-day premium processing service for all H-1B Extension of Stay petitions until July 27 to allow it to implement the H-4 Employment Authorization Document final rule in a...more

Premium Processing of H-1B Extensions Suspended as of May 26

Last week, in anticipation of the increased workload to be created by the filing of applications for Employment Authorization Documents (“EADs”) by H-4 spouses of certain H-1B employees beginning May 26, 2015, USCIS announced...more

USCIS to Halt Premium Processing Service for H-1B Extensions

On May 19, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily halt acceptance of premium processing requests for all H-1B Extension of Stay petitions from May 26, 2015 through July 27,...more

USCIS Releases Guidance and Frequently Asked Questions for H-4 Employment Authorization Applications

On May 20, 2015, United States Citizenship and Immigration Services (USCIS) released guidance and frequently asked questions (FAQs) relating to the filing of H-4 employment authorization applications for spouses of certain...more

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