H1-B United States Citizenship and Immigration Services

H1-B visas are nonimmigrant visas issued by the U.S. Citizenship and Immigration Service to foreign workers in specialty occupations. Specialty Occupations are those occupations requiring specialized knowledge... more +
H1-B visas are nonimmigrant visas issued by the U.S. Citizenship and Immigration Service to foreign workers in specialty occupations. Specialty Occupations are those occupations requiring specialized knowledge and training, such as engineering, medicine, architecture, law and mathematics, to name a few.   To ensure that employers do not engage in unfair wage practices, USCIS requires that employers pay H1-B workers at least the same wage as other similarly-skilled workers or prevailing industry wages. The number of H1-B visas is currently capped at 65,000 per year.  less -
News & Analysis as of

An Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas

Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help...more

USCIS Announces Date for Start of H-1B Cap Premium Processing

United States Citizenship and Immigration Services (USCIS) has announced that on May 12, 2016, it will it will begin the 15 calendar day processing timeline for cap-subject H-1B petitions requesting premium processing. USCIS...more

USCIS Has Completed FY 2017 H-1B Cap Lottery

On April 7, 2016, USCIS announced that it had received enough H-1B petitions to reach the statutory cap of 65,000 visas for FY 2017. They also received more than the limit of 20,000 H-1B petitions filed under the advanced...more

H-1B Visa Lottery Completed

According to a recent study, the odds of winning a Powerball jackpot is 1 in 175,223,510. The odds of an amateur golfer making a hole in one on a par-3 hole are 1 in 12,500. Compared to these extremely unlikely events, the...more

H-1B Cap: The Receipts Are Trickling In!

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than available under the statutory cap of 65,000 general-category visas and 20,000 U.S. Master's visas for...more

USCIS Reaches FY 2017 H-1B Cap

On April 7, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the H-1B cap for Fiscal Year 2017. Accordingly, USCIS will no longer accept cap-subject H-1B petitions....more

H-1B Cap Hit for Fiscal Year 2017

On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2017 cap-subject H-1B visas, which includes both...more

Holiday Planning Should Include H-1B Cap Planning

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

Requirements for Applying for H-1B Visas

The H1-B Specialty Occupation Visa is a non-immigration visa that allows foreign workers in specialty occupations to temporarily work in the United States. H1-B Requirements - There are three primary requirements to qualify...more

Microsoft Lays Off Workers Amid Calls for Expanded H1-B Visas

In July, Microsoft Corporation announced it would lay off 7,800 workers worldwide. The layoffs amount to 7 percent of the technology company’s global workforce. Politicians rarely like to hear about corporate layoffs —...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

H-1B Update – New Petition Required When Work Location Changes – the World is Global, but U.S. Immigration is Local

While the 21st Century is a time of globalization, a time where with telecommuting and virtual offices there is a re-examination of whether there is still significance to your geographical location, United States Citizenship...more

H-1B Update – Is an Employer Required to file an H-1B Amendment Petition Due to a Change in Work Location which Occurred Prior to...

USCIS, on July 21, 2015, issued final guidance as to the implementation of Matter of Simeio Solutions, LLC (Simeio). The Simeio decision requires employers to file an amended H-1B petition anytime an employee is moved to...more

USCIS Releases Final Guidance on H-1B Job Site Changes

U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job sites. These requirements...more

USCIS Releases Final Guidance on H-1B Job Site Changes

On Tuesday July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job...more

FY2016 Cap Petition Return Complete

USCIS announced on July 14, 2015, that it completed the return of rejected fiscal year 2016 H-1B cap-subject petitions. It was previously announced on May 4, 2015, that USCIS completed data entry of all selected...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

On February 24, 2015, the Department of Homeland Security (DHS) issued a final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based...more

DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses of H-1B Holders Seeking Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced earlier this week that, pursuant to a published regulation effective May 26, 2015, the Department of Homeland Security (DHS) is extending...more

USCIS to Grant Employment Authorization to Spouses of Certain H-1B Workers

U.S. Citizenship & Immigration Services (“USCIS”) announced Tuesday, February 24th that spouses of certain H-1B workers will be eligible to apply for employment authorization effective May 26, 2015. Those eligible are spouses...more

Reasons to Increase the H-1B Visa Cap

The H-1B visa is one of the most highly sought-after – and most difficult to obtain – work visas. Only 65,000 general H-1B visas, and 20,000 advanced degree H-1B visas, are available each year. Given that U.S. Citizenship and...more

Final Rule Extending Work Authorization to H-4 Dependent Spouses Expected Soon

In his recent State of the Union address, President Obama made clear that In his recent State of the Union address, President Obama made clear that he would veto efforts by the Republican-controlled Congress to undo some of...more

H-1B Season is Almost Upon Us

As a reminder to all U.S. employers, H-1B season is on the horizon! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. As such,...more

Recent Changes in US Immigration Processes and Technology

The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more

Beware of Scam Targeting H-1B Applicants

Visa applicants are often the subject of scams and other fraudulent activity and the immigration lawyers at Shapiro Law Group have become aware of a new scam targeting H1-B visa applicants that arose over the summer....more

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

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