News & Analysis as of

H-1B Foreign Workers United States Citizenship and Immigration Services

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 -
Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

Quarles & Brady LLP

USCIS H-1B Second Lottery, Those Who Play to Win, and the Lurking H-1B Rule

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On July 30, 2024, the USCIS (U.S. Citizenship and Immigration Services) announced it would conduct a second lottery to reach the FY 2025 regular cap numerical allocation....more

CDF Labor Law LLP

USCIS Conducts a Second H-1B Lottery Draw

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​​​​​​​On August 1, 2024 UCSIC conducted a second draw from the H-1B lottery pool. Federal law authorizes the issuance of 85,000 new H-1 visas per year....more

Dickinson Wright

Healthcare in Crisis: Exploring Immigration as a Vital Solution for the United States

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Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S....more

Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

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The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

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The Final Rule published by United States Citizenship and Immigration Services (USCIS) adjusting certain immigration and naturalization benefit request fees went into effect on April 1, 2024. This Final Rule included the...more

Kramer Levin Naftalis & Frankel LLP

Upcoming Changes to Kramer Levin’s Immigration Tracker System and Results of the FY25 H-1B Lottery

Updates to Kramer Levin’s Immigration Tracker System Two-Factor Authentication for Tracker Beginning on Monday, May 20, 2024, Tracker will require “two-factor authentication” in order to access our immigration system. We are...more

Dinsmore & Shohl LLP

H-1B Concurrent Employee: A Viable Option for Those Who Didn't Win the H-1B Lottery

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As the first round of H-1B Cap selections ended on April 1, 2024, employers began looking for options to sponsor highly qualified employees to fill positions of need. We outlined some options for those not selected in a...more

Seyfarth Shaw LLP

H-1B Cap Rule – Did it Work?

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As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took...more

Littler

Not Selected in H-1B Cap Registration? There Are Options!

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Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...more

Baker Donelson

USCIS Reminders: Increased Filing Fees, Additional Asylum Program Fee, and Extended Premium Processing Times

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USCIS published a final rule (the Final Rule) on January 31, 2024, increasing certain filing fees that went into effect on April 1, 2024....more

Mayer Brown

USCIS Fees Increase: Paying the Price of Admission to the United States

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On April 1, 2024, US Citizenship and Immigration Services (USCIS) implemented new costs for many common immigration filings, resulting in a fee increase of 100% to 200% for certain benefit requests....more

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

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The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

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U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

Tarter Krinsky & Drogin LLP

The FY 2025 H-1B Cap Selection Process is Completed

On April 1, 2024, United States Citizenship and Immigration Services (USCIS) announced that it had reached the annual quota of 85,000 cap beneficiaries in the initial registration period for employment in FY 2025. USCIS has...more

Constangy, Brooks, Smith & Prophete, LLP

Online filing of H-1B petitions has arrived, but is this the right time for you?

The U.S. Citizenship and Immigration Services for many years has used an online system for the annual March lottery for petitions that are subject to the H-1B Cap. The USCIS has now expanded this system to allow the following...more

Kerr Russell

Immigration Insider | March 2024

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Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the...more

Mayer Brown

United States: Important Updates for Employers Regarding the H1-B Visa Lottery for Professional Employees (Open From March 6 - 22,...

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To retain the best global talent, many US employers leverage the annual H-1B visa lottery to secure work authorization for new employees. It allows employers to temporarily employ foreign workers in occupations that require a...more

Littler

USCIS to Implement Varying Filing Fees by Visa Category

Littler on

In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more

Dickinson Wright

Introducing USCIS’s New Online Organizational Account

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In February 2024, United States Citizenship and Immigration Services (“USCIS”) launched its new online Organizational Account, which allows for the online filing of H-1B petitions and enhances collaboration between clients...more

Parker Poe Adams & Bernstein LLP

U.S. Immigration Service Opens H-1B Registration, With Two Key Changes

The U.S. Citizenship and Immigration Services (USCIS) has started the initial registration period for the FY 2025 H-1B cap. The H-1B program allows employers to petition for highly educated foreign professionals to work in...more

Maynard Nexsen

H-1B Lottery Season – A Refresher on Eligibility Requirements and Employer Obligations

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The H-1B lottery is fast approaching and set to run from March 6 through 22 this year. Whether this is your company’s first time to participate in the H-1B lottery or you are a seasoned pro, now is the ideal time to evaluate...more

Akerman LLP - HR Defense

USCIS Launches New Organizational Accounts Platform to Facilitate the H-1B Lottery Registration Process

The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate...more

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