News & Analysis as of

H-1B 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 -

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

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

2 Infosys Innovation Hubs Announced / 2 To Be Selected

by Fox Rothschild LLP on

The Indian IT global outsourcing firm Infosys (NYSE: INFY), recently announced that it plans to hire 10,000 American workers over the next two years. Infosys and other India-based information technology consulting...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

Why U.S.-based foreign nationals should be vigilant about their I-94 record

by Thompson Coburn LLP on

With graduations completed and the summer in full swing, college and university campuses often experience a quieter pace as faculty and staff, including many foreign nationals, head out on research trips, to conferences, or...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

Dear Congress: Your District Needs a New E-4 Visa for Promising Entrepreneurs

Procedural History - In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies...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

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

by Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...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

U.S. Department Of Labor To Increase Enforcement Of H-1B And Other Visa Programs

by Tonkon Torp LLP on

On June 6, 2017, the U.S. Department of Labor (DOL) announced that it will increase activities to combat fraud and abuse in employment-based visa programs. This will include not only H-1B visas, but other types of...more

H-1B Visa Petitions from India-based Companies Drop Significantly in FY 2016

by Morgan Lewis on

The top seven India-based outsourcing companies received approximately 7,000 new H-1B visa petitions for initial employment in fiscal year 2016, representing a decrease of 37% between fiscal year 2015 and fiscal year 2016,...more

The U.S. Department Of Labor Announces Increased Enforcement Efforts Of All Foreign Visa Worker Programs

On June 6, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (USDOL) will conduct increased enforcement efforts encompassing all of the foreign visa worker programs it administers, including...more

Optional Practical Training: As this workforce grows, so does HR professionals' need to have hiring plan for the visa program

by Nexsen Pruet, PLLC on

Optional Practical Training (OPT) workers are becoming an indispensable part of the American workforce. Small and mid-sized companies are the largest beneficiaries, as just 4 percent of all OPTs work at the 10 largest tech...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

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

by McNair Law Firm, P.A. on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...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

Will the Tech Industry Be Trumped By Immigration Reform?

by Ronald Shapiro on

The Trump Administration could soon make it more difficult for talented immigrants to obtain tech jobs in the United States. As President Trump takes aim at technology companies throughout the nation who use H-1B visas and a...more

The First 100 Days on Planet Immigration

by Burr & Forman on

The first months of President Trump’s administration have been a whirlwind of activity, and certainly immigration has been the subject of several executive orders and much controversy. The natural question that arises from...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

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