News & Analysis as of

H-1B United States Citizenship and Immigration Services Visas

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

Immigration Visa Update: USCIS Resumes Premium Processing for Cap-Exempt H-1B Visas

In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including:...more

Insights: Expediting H-1B Petitions

by Jackson Lewis P.C. on

While unusual, the government has suspended expedited or premium processing for H-1B cases from time to time. In years past, in response to the filing of Cap cases, the start of the 15-day adjudication clock was delayed....more

Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B...

My learned colleague, Cyrus Mehta, in his Blog “H-1B Entry Level Wage Blues” posted on July 31, 2017 eloquently deconstructs the arguments made by USCIS when that agency challenges whether individuals can be qualified as...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 Service Resumes for Cap-Exempt Petitions

by Miller Canfield on

USCIS announced it will resume premium processing for certain cap-exempt H-1B petitions effective July 24, 2017. Employers may file or request to upgrade pending petitions with premium processing for those exempt from the...more

USCIS: H-1B Premium Processing for Certain Research Organizations, Colleges, Universities, Hospitals, and Other Cap-Exempt...

Following the Administration’s March 2017 halt to premium processing for H1-B Premium Processing services, United States Citizenship & Immigration Services (USCIS) announced that, effective immediately, premium processing...more

USCIS Reopens H-1B Premium Processing for Institutions of Higher Education and Other Cap-Exempt Petitions

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

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

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

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

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

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

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

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