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... 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.
In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more
In the February/March 2013 issue of the Immigration eAuthority, we outlined the respective proposals for immigration reform put forward by both the President and a bipartisan group of eight senators. We also noted that...more
For the first time since 2008, the statutory H-1B cap of 65,000 per fiscal year was reached within the first week of the filing period. In addition, the Immigration Service received more than 20,000 H-1B petitions filed on...more
On April 7, 2013, U.S. Citizenship and Immigration Services (USCIS) conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. The computer-generated random selection process included approximately 124,000...more
For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. ...more
On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that, for the first time since 2008, the H-1B cap for FY 2014 had been met within the first week of the filing period. According to the agency, it...more
On April 5, 2013, USCIS announced that it had received more than the allotted 65,000 “regular” and 20,000 US master’s degree applications for H-1B status. ...more
USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement...more
U.S. Citizenship and Immigration Services has stopped accepting H-1B petitions subject to the 2014 fiscal year H-1B cap or the advanced degree exemption....more
On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2014 cap-subject H-1B visas, which includes both...more
U.S. Citizenship and Immigration Services ("USCIS") announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year ("FY") 2014. USCIS also announced that it had received...more
The H-1B “cap” (numerical limit) is 65,000 for “regular” cases plus 20,000 for persons who have earned U.S. master’s degrees. Each year this number is “released” April 1 – 5, in a process reminiscent of the Running of the...more
April 1 is fast approaching and almost everyone agrees that the H-1B cap will be filled very quickly this year. Recently, the government was added to the list of those who thought exactly this and announced as much to the...more
On March 15, 2013, the U.S. Citizenship and Immigration Services (USCIS) announced, based on feedback received from "stakeholders," that it anticipates receiving "more petitions than the H-1B cap between April 1, 2013, and...more
With just over a week and a half before the U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B petitions for Fiscal Year (FY) 2014, USCIS announced that it anticipates caps will likely be reached within...more
On Friday, March 15, USCIS announced how it plans to process FY 2014 H-1B cap filings. In the USCIS press release, USCIS indicated that it was preparing for the likelihood that the H-1B cap may be reached during the April 1 –...more
Employers who wish to hire foreign specialty workers should immediately consider preparations for filing their petitions in April to sponsor H-1B workers for fiscal year 2014, which starts on Oct. 1, 2013. A flurry of early...more
USCIS has announced it expects that all 65,000 “regular” and all 20,000 U.S. master’s degree H-1B slots will be filled in the first five days of filing (April 1 – 5) for the first time since 2008. The government estimate was...more
The H-1B cap for Fiscal Year 2014 consists of only 65,000 regular visas, and an additional 20,000 are available to only individuals with advanced degrees from American universities....more
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. See a copy of the full press release at...more
April 1, 2013 will be the first opportunity to file new H-1B petitions for employers wishing to hire new H-1B workers for an Oct. 1, 2013 start date. Because it is likely that the cap on the number of H-1Bs will be quickly...more
As we reported in the December 2012/January 2013 issue of the Immigration eAuthority, the filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2014 begins on Monday, April...more
Spurred in large part by President Obama's re-election and the strong support he received from Hispanic voters, leaders in both parties are seriously discussing immigration reform. Among others, a bipartisan group of eight...more
The U.S. government’s H-1B temporary professional worker program allows U.S. employers to hire foreign nationals in “specialty occupation” positions that require a bachelor's degree or the equivalent. Under current law, the...more
The improving economy is expected to put pressure on U.S. employers seeking to hire highly skilled foreign graduates and professionals who need an H-1B visa. The H-1B visa cap of 65,000 (plus 20,000 for applicants who possess...more
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