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 -

Premium Processing Resumed for Certain H-1B Petitions

by Moore & Van Allen PLLC on

As of July 24, 2017, USCIS has resumed premium processing service for certain types of H-1B cap-exempt petitions. While premium processing is still not available for most H-1B petitions, USCIS announced that it will now...more

USCIS Will Resume Premium Processing for Certain H-1B Petitions

by Baker Donelson on

On July 24, U.S. Citizenship and Immigration Services announced that it would resume premium processing for certain cap-exempt H-1B petitions effective immediately. Premium processing for H-1B petitions had been suspended in...more

Premium Processing Resumes for Cap-Exempt H-1B Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately....more

USCIS Resumes Premium Processing for Certain Cap-Exempt H-1B Petitions

by Cozen O'Connor on

On Monday, July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) released an update detailing how it will resume premium processing for certain cap-exempt H-1B petitions....more

USCIS Resumes H-1B Premium Processing for Certain Cap-Exempt Petitions

by Pierce Atwood LLP on

USCIS announced that – beginning July 24, 2017 – it will resume premium processing for certain cap-exempt H-1B petitions, including those where the petitioner is an institution of higher education, a nonprofit organization...more

Cap-Exempt H-1B Petitions Once Again Eligible for Premium Processing

Effective immediately, United States Citizenship and Immigration Services (USCIS) will resume premium processing for select cap-exempt H-1B petitions. Cap-exempt petitioners who are eligible for premium processing can file...more

Premium Processing Resumes For Certain Additional Cap-Exempt H-1B Petitions

by Fox Rothschild LLP on

The U.S. Citizenship and Immigration Service (USCIS) announced July 24 that it will resume premium processing of certain additional types of H-1B petitions, effective immediately. H-1B petitioners who are (or have a sound...more

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding...more

The L-1 Category: 3 Tips to Help Your Petition Withstand Scrutiny When Filing at USCIS

With the annual H-1B visa cap posing considerable staffing issues for U.S. employers requiring highly skilled workers, multinational corporations may increasingly turn to the L-1 visa to meet their need for knowledgeable,...more

Overhaul of H-1B Visa Program Expected in Response to "Buy American and Hire American" Order

by Littler on

The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more

Early Summer 2017 U.S. Business Immigration Update

It has been a year of major policy shifts in U.S. immigration. In this alert, we provide an update on recent developments in business immigration in the United States. The Supreme Court's Stance on Trump's Travel Ban...more

Immigration Updates: June 26, 2017

by Miller Canfield on

The United States Supreme Court has allowed portions of President Trump’s travel ban to take effect; citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen may be denied admission to the United States if they lack any...more

Special Immigration Alert - June 2017

by Epstein Becker & Green on

Supreme Court Agrees to Review President Trump’s Travel Ban and Narrows the Scope of Lower Court Injunctions - On June 26, 2017, the Supreme Court of the United States announced that it had agreed to hear President Trump’s...more

USCIS Makes H-1B Premium Processing Available for Physicians Under the Conrad 30 Waiver Program

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

USCIS Resumes H-1B Premium Processing for Conrad Waiver Program Physicians

On Monday, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions filed for physicians under the Conrad Waiver program, as well as interested government interagency waivers....more

H-1B Premium Processing to Return on June 26 for Physicians Under the Conrad 30 Waiver Program

by Faegre Baker Daniels on

On Friday, June 23, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that premium processing for H-1B petitions — which the agency suspended for all such petitions beginning April 3, 2017 — will be brought...more

USCIS Will Resume H-1B Premium Processing for Physicians Under the Conrad 30 Waiver Program

by Pierce Atwood LLP on

USICS announced that – beginning June 26, 2017 – it will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver Program, as well as interested government agency waivers....more

Update: President Trump's Revised Executive Order on Travel Ban Remains Blocked

by Clark Hill PLC on

On June 12, 2017, the Ninth Circuit issued its ruling in Hawaii v. Trump, upholding the majority of the district court's preliminary injunction prohibiting the government from implementing the "travel ban" and refugee cap...more

DOL, USCIS Continue Focus On H-1B Visa Abuse

by Jackson Lewis P.C. on

With his “Buy American, Hire American” Executive Order, President Donald Trump officially announced his intention to reform the H-1B visa program and the DOL and the USCIS are taking steps accordingly....more

USCIS Responds to Senate Request for Action on H-1B Program

On May 24, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a response to a recent bipartisan inquiry led by the U.S. Senate Committee on the Judiciary’s chairman, Chuck Grassley, concerning the possible misuse...more

June 2017 Special Immigration Alert

by Epstein Becker & Green on

President Trump Notifies Congress of Intent to Renegotiate NAFTA - On May 18, 2017, President Trump officially notified Congress of the administration’s intention to renegotiate the North American Free Trade Agreement...more

Are you ready for summer travel?

by Moore & Van Allen PLLC on

Vacation season is just around the corner. Whether you are a visa holder, tourist or U.S. permanent resident, organizing your travel documents is a critical part of international travel. Discovering an expired document too...more

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

H-1B Cap and Lottery Update

by Moore & Van Allen PLLC on

On May 3rd, USCIS completed all data entry of fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery...more

I-9 Compliance & H-1B, H-4 Visa Changes in Trump’s 1st 100 Days

Earlier this year we hosted a seminar titled “Immigration and the Trump Administration: What Every Employer Needs to Know for the First 100 Days and Beyond.” As we’re sure you’ve seen on the news, immigration has been a...more

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