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

March = Last Call for H-1B Cap Cases

Employers must initiate new H-1B Cap cases with their lawyers, and a filing with the Department of Labor is required before the H-1B petition can be filed with USCIS. So, time is running out if employers want to ensure that...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 valid to April 1, 2017 or later, and an H-1B filing on your behalf has been...more

Immigration Group News: USCIS to Suspend Premium Processing for H-1B Cap Cases

Last week, USCIS announced that beginning on April 3rd, 2017, they will no longer be accepting H-1B petitions filed under the premium processing service. This service allowed for petitioners to pay an extra fee in order to...more

USCIS Suspends H-1B Premium Processing Beginning April 3, 2017

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more

USCIS Suspends Premium Processing for H-1B Filings

On Friday, March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of the premium processing option for all H-1B petitions filed on or after April 3, 2017. This suspension includes...more

USCIS Temporarily Suspends Premium Processing of H-1B Petitions

USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more

USCIS Suspends Premium Processing for H-1B Petitons Beginning April 3rd

The USCIS announced on March 3, 2017 that beginning April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. According to the USCIS, the suspension may last up to 6 months. While H-1B premium...more

Recent Developments in Business Immigration Law - USCIS to suspend H-1B Premium Processing next month

U.S. Citizenship and Immigration Services (USCIS) has announced that it will suspend Premium Processing of all H-1B filings starting on April 3, 2017. This includes all Fiscal Year 2018 H-1B cap filings, as well as H-1B...more

USCIS to Suspend Premium Processing of H-1B Petitions

Another week brings another unexpected new development in the world of immigration. On Friday, March 3, 2017, United States Citizenship and Immigration Services (USCIS) announced that starting on April 3, 2017, it will...more

USCIS to Suspend Premium Processing of H-1B Petitions

The premium processing suspension will begin on April 3, 2017. US Citizenship and Immigration Services (USCIS) has announced that premium processing of all H-1B petitions (including those subject to the Fiscal Year 2018...more

H-1B Petition Premium Processing Suspended as of April 3, but the H-1B Cap Lottery Moves Forward

Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form...more

USCIS to Temporarily Suspend Premium Processing for H-1B Visas

U.S. Citizenship and Immigration Services (USCIS) has announced that, starting on April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B visa petitions. The suspension could last up to six months....more

USCIS to Suspend Premium Processing Service Beginning April 3

USCIS announced that it will suspend premium processing of all H-1B filings beginning April 3, 2017. The suspension includes all FY 2018 H-1B cap-subject petitions, cap-exempt cases, extensions, amendments, and change of...more

Temporary Suspension of Premium Processing Service for All H-1B Petitions

On March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend the premium processing service for all H-1B nonimmigrant visa petitions beginning on April 3, 2017....more

U.S. Announces Suspension of Premium Processing for All H-1B Petitions

On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that effective April 3, 2017, it will temporarily suspend premium processing for H-1B petitions. This suspension may last for...more

USCIS Calls Time Out on H-1B Premium Processing

On Friday, March 3, 2017, United States Citizenship and Immigration Services (USCIS) unexpectedly announced the suspension of the premium processing program for all H-1B cases received by the government on or after April 3,...more

Breaking News: USCIS will Temporarily Suspend Premium Processing of H-1B Petitions

In an effort to reduce the growing backlog of pending H-1B petitions, including those H-1B extensions nearing the 240 day limit when continued work authorization would end, USCIS announced today that it would temporarily...more

Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium...more

Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

February 28, 2017 U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is...more

H-1B Cap-Subject Petitions: With Potential Changes Looming, U.S. Employers Must Prepare Now for April 1 Filings

April 1, 2017 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for the FY 2018 allotment of visas for foreign national professionals in specialty occupations....more

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

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