News & Analysis as of

H-1B United States Citizenship and Immigration Services Foreign Workers

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 -

Changes to Foreign Affairs Manual and Developments in the Adjudications of Nonimmigrant Visas Signal Increased Scrutiny of Visa...

by Littler on

Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process....more

U.S. Immigration Solution: Canada is Open for Business

The competition for professional foreign workers continues to increase in many U.S. business sectors. In light of changing U.S. immigration laws and impending reform, however, American companies hiring foreign talent are...more

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

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

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

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

Trump Executive Order Calls for Reforms to H-1B Visa Rules

by Morgan Lewis on

In a recent executive order, US President Donald Trump ordered his cabinet secretaries to suggest reforms to the H-1B visa program to help ensure that “H-1B visas are awarded to the most-skilled or highest-paid petition...more

Data Entry of FY 2018 H-1B Petitions Complete

by Morgan Lewis on

Some Vermont cases will be transferred to California. US Citizenship and Immigration Services (USCIS) announced on May 3 that all data entry for FY 2018 H-1B cap-subject petitions had been completed....more

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

by Faegre Baker Daniels on

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by...more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

by Baker Donelson on

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

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

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

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

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 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

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