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 -
News & Analysis as of

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Three Key Immigration Developments in President Trump’s First Weeks

Immigration has been in the forefront of the news since President Trump took office and will likely remain so in the near future. Here, we discuss three key business immigration issues that have seen significant developments...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

USCIS Issues Major New Immigration Regulations for Highly Skilled Workers

On November 18, 2016, USCIS issued an extensive set of revisions to immigration regulations affecting highly skilled workers. The new rules, which go into effect on January 17, 2017, clarify longstanding agency practices and...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

New USCIS Rule Amending Several Employment-Based and Nonimmigrant Visa Programs Will Take Effect on January 17, 2017

Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal...more

High-Skilled Foreign Workers: Summary of Rule Changes Effective January 17, 2017

Starting January 17, 2017, the long-awaited regulations for high-skilled workers incorporating provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and...more

Will the New Executive Administration Impact the H-1B Lottery?

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

A Closer Look at the USCIS Final Rule on High-Skilled Immigration

On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ and retain foreign national workers in the United States (Final Rule)....more

New Regulations Clarify Which Employers Are Exempt From Yearly H-1B Quota

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The new rule, which becomes effective on January...more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect on January...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based...more

U.S. Department of Homeland Security Issues Final Rule on Immigrant Visa Petition Retention and Program Improvements Affecting...

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take...more

Mark Your Calendars: USCIS Raises Filing Fees Effective December 23

The United States Citizenship and Immigration Services (USCIS) announced on October 24, 2016 that effective December 23, 2016 fees for most nonimmigrant and immigrant petitions will increase by an average of 21 percent. This...more

“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements

United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in...more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

Pilot Program May Soon Help Streamline Employment-based Visa Process

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

Layoffs of Foreign Workers Lead to Corporate Immigration Concerns

While there is much focus in the media about the termination of U.S. employees and their replacement with workers abroad, there is little discussion about the layoff of foreign employees, currently living in the country....more

H-1B Cap Reached — Lottery Initiated and Premium Processing Delayed

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2017. As predicted, the USCIS received a heavy demand for the...more

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 16

April 1, 2016, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations....more

USCIS Prepares To Close Discussion On Business Visa Overhaul

Washington, DC – February 22, 2016—The United States Citizenship and Immigration Services Department is set to close discussion on rules changes to employment visas for immigrants and non-immigrants. The changes would...more

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