News & Analysis as of

H-1B Form I-129

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 -
Gibney Anthony & Flaherty, LLP

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the...more

Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

Dickinson Wright on

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

Baker Donelson

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

Baker Donelson on

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

Miles & Stockbridge P.C.

USCIS Increasing Fees for Immigration Applications on April 1

The Department of Homeland Security published a final rule Jan. 31 adjusting the filing fees for applications for immigration benefits submitted to U.S. Citizenship and Immigration Services (USCIS). For most application types...more

Seyfarth Shaw LLP

USCIS Announces Significant Fee Increases Effective on April 1, 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits....more

Cozen O'Connor

USCIS Fee Increase: What You Need to Know to Plan Your 2024 Immigration Budget

Cozen O'Connor on

Starting April 1, 2024, United States Citizenship and Immigration Services (USCIS) will implement a meaningful fee increase, the first increase since 2016. Numerous case types and specific forms will receive significant fee...more

Lippes Mathias LLP

Higher USCIS Filing Fees Could Be Coming Very Soon

Lippes Mathias LLP on

Last January I posted about "An Unwelcome Update to Start 2023: USCIS Proposing Rule to Raise Filing Fees; Set Specific Filing Fees for Different Types of I-129 Filings". That unwelcome proposal to start 2023 may become an...more

BakerHostetler

Back to the Future: USCIS Resumes Expedited Processing of H-4 and L-2 Applications When Filed Concurrently with an H-1B or L-1...

BakerHostetler on

In a settlement, United States Citizenship and Immigration Services (USCIS) has agreed to return to processing dependent H-4 and L-2 applications at the same time as the H-1B or L-1 petition when filed concurrently. This...more

Fisher Phillips

USCIS Agrees to Streamline Ability of Nonimmigrant Dependent Spouses to Secure Employment Authorization

Fisher Phillips on

Federal immigration officials just agreed to streamline the process by which certain nonimmigrant dependent spouses are able to secure employment, reverting to a previous method that should reduce processing times and...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Filing Fees May Become Effective October 2

The U.S. Citizenship and Immigration Services is poised to implement new filing fees on October 2, under regulations published in the Federal Register on August 3. However, two lawsuits were filed in federal court about a...more

Harris Beach PLLC

USCIS to Increase Filing Fees, Implement Revised Benefit Request Forms

Harris Beach PLLC on

Beginning October 2, 2020, U.S. Citizenship & Immigration Services (USCIS) will be increasing its filing fees for many of the most commonly filed benefit requests. Applications or petitions postmarked on or after that date...more

ArentFox Schiff

USCIS Implements New Fees & Forms & Premium Processing Is Lengthened

ArentFox Schiff on

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more

McCarter & English, LLP

USCIS Resumes Premium Processing For Certain Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, in phases over the...more

Mintz - Immigration Viewpoints

USCIS Phases in Premium Processing

As of June 1, 2020, USCIS has resumed premium processing in phases by case-type. Premium processing had been temporarily suspended since March 20, 2020 due to the COVID-19 pandemic. Premium processing is resuming in phases...more

Constangy, Brooks, Smith & Prophete, LLP

Premium Processing Is Phasing Back In

Yesterday the U.S. Citizenship and Immigration Services began phasing back in premium processing for eligible Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers. Premium...more

UB Greensfelder LLP

USCIS to Resume Premium Processing for H-1B Specialty Occupation and I-140 Immigrant Visa Petitions

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) announced today that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases...more

Seyfarth Shaw LLP

COVID-19 Immigration Updates From the Agencies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Cozen O'Connor

DHS to Increase Premium Processing Fees October 1, 2018

Cozen O'Connor on

Department of Homeland Security (DHS) will increase the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS) from $1,225 to $1,410, effective October 1, 2018. As employers are aware, USCIS is...more

Moore & Van Allen PLLC

USCIS Increases Fee for Premium Processing

On October 1, 2018, USCIS will implement a fee increase for their premium processing service. The new fee for premium processing will be $1,410.00, a 14.92 percent increase from the current fee of $1,225.00....more

Jackson Lewis P.C.

USCIS Raises Premium Processing Fee: Effective October 1, 2018

Jackson Lewis P.C. on

On October 1, 2018 the premium processing fee for all Forms I-129 (Non-Immigrant Worker) and Forms I-140 (Immigrant Petition for Alien Worker) will be raised from $1,225 to $1,410. USCIS announced this almost 15% increase on...more

Baker Donelson

No H-1B Premium Processing. At All. For Who Knows How Long.

Baker Donelson on

On March 3, 2017 USCIS announced that it will not honor any requests for premium processing for ANY H-1B petitions filed starting April 3 until further notice. That includes capped and cap-exempt petitions, and petitions for...more

Proskauer Rose LLP

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

Proskauer Rose LLP on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Cozen O'Connor

USCIS Suspends Premium Processing for H-1B Petitions

Cozen O'Connor on

On March 3, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily suspend premium processing for all H-1B Petitions. The suspension begins on April 3, 2017, which means USCIS will continue...more

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