H-1B Visa Caps

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

Immigration Group News: H-1B Cap Season Has Officially Begun

On April 1 of each year in recent memory more than 200,000 employers vie for the coveted 85,000 H-1B visas for their foreign professional employees. This year USCIS will begin accepting H-1B petitions subject to annual...more

New DHS Rule Extends H-1B Cap Exemptions

One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more

The 2017 H-1B Petition Filing Season Is Here! To Maximize Your Chance Of Success, Please Contact Us By February 15.

Starting April 3, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2017. To maximize the chance...more

Employers: April 3 Start Date for 2018 H-1B Visa Applications

Employers may first apply for Fiscal Year 2018 H-1B visas for individuals not currently in H-1B status on Monday, April 3, 2017 for a start date of October 1, 2017....more

Immigration Under the New Administration: H-1B Visas and What to Expect

With the Trump Administration taking office, it is expected that changes to immigration policies will be carried out swiftly and, to a large extent, in an unapologetically straightforward manner. While the initial public...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

Critical Filing Dates for FY 2018 H-1B Cap

Employers that wish to sponsor H-1B workers for Fiscal Year 2018 can begin filing petitions on April 1, 2017, for a start date of October 1, 2017.  The H-1B visa is used by businesses that wish to employ foreign nationals to...more

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2018

H-1B visas have long been the U.S. employment visa of choice due to their flexibility for professionals to work in “specialty occupations”. Lately, however, for those employers and prospective employees who are subject to the...more

Plan Now for FY 2018 Cap-Subject H-1B Visa Petitions

Now that we have rung in 2017, it is a good time to start planning for Fiscal Year 2018 cap-subject H-1B petitions. Even though Fiscal Year 2018 starts October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will...more

Time to Plan for Fiscal Year 2018 H-1B Cap Season

H-1B petitions subject to the Fiscal Year 2018 cap (FY 2018) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2017. As April 1 falls on a Saturday in 2017, employers...more

H-1B Cap Season - It's Time to Prepare for April 2017

On April 3, 2017, the filing period will begin for new H-1B petitions to be counted against the annual H-1B quota (H-1B cap) for the fiscal year beginning October 1, 2017. We strongly encourage employers to begin determining...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

H-1B Filing Season Is Here - December 2016

Now is the time for employers to assess their FY2018 H-1B needs and start preparing their petitions for submission on April 3....more

Cap-Exempt H-1B Employment Clarified by DHS

In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....more

The H-1B Lottery: How Does a Petition Get That Winning Number Anyway?

The H-1B “cap season” has become an annual event for U.S. employers seeking work authorization for highly skilled foreign professionals. Working months in advance, employers and their attorneys prepare and submit H-1B...more

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

U.S. Manufacturers Need Immigration Certainty to Grow Economy

When President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s...more

USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions

Employers with FY 2017 H-1B cap cases not chosen for processing should have received their returned petition packages with fee checks by July 8. The agency continues to process receipted non-premium H-1B cap petitions and...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 change of status filing on your behalf has been accepted by US...more

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

CAP H-1B Rejections Starting to Arrive, June Visa Bulletin - Heightened Demand for Employment-Based Adjustments of Status Causes...

On June 14, 2016, Clark Hill started to receive rejected CAP H-1B petitions. If an H-1B petition was filed on your behalf by Clark Hill, we will send you an e-mail when we receive an update on your case. On April 7,...more

Recent Study Says American Economy Needs More Skilled Immigrants

A recent report by a Dartmouth College professor suggests that current H-1B are too restrictive, limit productivity grown and are cost businesses in the United States thousands of dollars per worker. At a time when...more

FY2017 H-1B Cap: Data Entry Complete for Lottery Winners

Moving quickly along, the US Citizenship and Immigration Services (USCIS) informed the public that it completed data entry of all “winning” fiscal year 2017 (FY2017) H-1B cap-subject petitions (i.e., petitions that were...more

USCIS Has Completed Data Entry of FY 2017 H-1B Cap-Subject Petitions

On May 2, 2016, USCIS announced that it has completed data entry for all FY 2017 H-1B cap-subject petitions selected in this year’s lottery. H-1B cap-subject petitions that were not selected in the lottery are being returned....more

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