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 -

Temporary Worker Visa Update: USCIS Resumes Premium Processing for Cap-Subject H-1B Visas

On Monday, September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a news release announcing an immediate resumption of Premium Processing for all H-1B visa petitions subject to the fiscal year 2018 cap....more

Premium Processing Resumed for H-1B Cap Petitions

by Moore & Van Allen PLLC on

USCIS has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. This includes petitions receipted in this year's H-1B lottery process, subject to the standard H-1B cap of 65,000 and...more

USCIS Reinstates Premium Processing for H-1B Cap Subject Petitions

by Cozen O'Connor on

USCIS announced on Monday, September 18, 2017, that it will immediately accept premium processing requests of all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. H-1B cap petitions filed in April 2017,...more

H-1B Premium Processing Returns for FY2018 H-1B Cap Cases

by Faegre Baker Daniels on

On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that premium processing will resume for a limited type of H-1B petition. USCIS will resume premium processing for all H-1B petitions subject...more

USCIS Resumes Premium Processing for Cap Subject H-1B Petitions

by Foley Hoag LLP on

As of Tuesday, September 19, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for cap subject petitions. The process is only available for pending petitions, not...more

USCIS Allows Premium Processing of Cap-Subject H-1B Petitions

by Morgan Lewis on

Premium processing resumed on September 18, 2017. US Citizenship and Immigration Services (USCIS) announced on September 18, 2017 that it will once again allow premium processing of all H-1B petitions subject to the Fiscal...more

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

The U.S. Citizenship and Immigration Services (USCIS) announced, on September 18, 2017, that it has resumed premium processing for all H-1B visa petitions subject to the fiscal year (FY) 2018 cap. USCIS had originally...more

Premium Processing Now Available for Cap H-1B Visas

by Varnum LLP on

On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed the premium processing option for Fiscal Year 2018 H-1B cap visa petitions filed for an October 1, 2018 start date. Premium processing...more

Premium Processing Resumes for Fiscal Year 2018 H-1B Cap Petitions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018...more

Premium Processing Of H-1B Petitions Further Expanded, Effective Immediately

by Fox Rothschild LLP on

The US Citizenship and Immigration Service (USCIS) announced today, September 18, 2017, that it will again expand its resumption of premium processing for additional types of H-1B petitions. Effective immediately, H-1B...more

Special Immigration Alert - September 2017

by Epstein Becker & Green on

USCIS Anticipates Resuming H-1B Premium Processing on October 3, 2017 - U.S. Citizenship and Immigration Services (“USCIS”) has advised the American Immigration Lawyers Association (“AILA”) that it anticipates resuming...more

US Immigration under the Trump Administration: What We Know and What We Think We Know

by McDermott Will & Emery on

President Donald J. Trump recently issued an Executive Order, followed by a proposed bill and other guidance, which would drastically change the current immigration system. Based on these developments, employers should be...more

Expansion of Interview Requirement for Green Card Applicants, and Rumors of Change in Travel Authorization for Green Card...

by FordHarrison on

U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of mandatory in-person interviewing of applicants for lawful permanent residence. In its public announcement, USCIS notes that this change complies...more

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more

Trump Administration Considers Elimination Of J-1 Program For Some Students

by Jackson Lewis P.C. on

The Trump Administration is considering the elimination of the J-1 Summer Work-Travel Program for students who come to tourist areas in the U.S. as temporary summer help and as participants in cultural exchanges. Like the...more

Recent Developments In U.S. Immigration Law: H-1B Visa Category, Nonimmigrant Visa Applications Abroad And Suspension Of...

U.S. immigration law practitioners are expecting a turbulent fall ahead with upcoming H-1B adjudications challenges by the U.S. Department of Homeland Security, a suspension of nonimmigrant visa applications in Russia and...more

Higher Costs for Highly Skilled Foreign Workers in Store for Employers?

by Akerman LLP - HR Defense on

Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy...more

Change in Government Process for "Advance Parole" Travel

by Davis Brown Law Firm on

This alert applies to you only if you are in H-1B, H-4, L-1 or L-2 status and you are applying for “adjustment of status” in the United States. If you have been approved to immigrate (approved PERM or approved Form I-140)...more

The RAISE Act – Legal Immigration Faces Challenges

by McNair Law Firm, P.A. on

In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more

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

Changes In FAM May Make It More Difficult For Students With Pending H-1B Cases To Travel

by Jackson Lewis P.C. on

The Department of State has revised its guidance for Consular Officers on the issuance of student visas, emphasizing that the officer must be “satisfied that applicant intends to depart [the U.S.] upon completion of the...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

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