News & Analysis as of

H-1B Visas Immigrants

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

CDF Labor Law LLP

USCIS Conducts a Second H-1B Lottery Draw

CDF Labor Law LLP on

​​​​​​​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

Dickinson Wright on

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

Fox Rothschild LLP

Alert – Second Lottery on FY 2024 Regular Cap H-1Bs

Fox Rothschild LLP on

On July 30th, USCIS determined that not enough H-1B petition filings in the regular cap were submitted during the initial filing period from April 1, 2024 through June 30, 2024. USCIS will select additional registrations to...more

Jackson Lewis P.C.

H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap

Jackson Lewis P.C. on

Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS overhaul of H-1B process results in far fewer multiple registrations

Data from the Fiscal Year 2025 H-1B registration process has recently been released by the U.S. Citizenship and Immigration Services. The data show that changes intended to reduce the number of multiple registrations for 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

Seyfarth Shaw LLP

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

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For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...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!

Littler on

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

Dinsmore & Shohl LLP

H-1B Lottery Ends: You’ve Been Selected! Now What?

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On April 1, 2024, the U.S. Citizenship and Immigration Services (“USCIS”) announced that its initial registration selection process, commonly known as the H-1B lottery, is complete. This means the USCIS has selected enough...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

Seyfarth Shaw LLP

April 2024 Global Immigration Alert

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While we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global...more

Tarter Krinsky & Drogin LLP

The H-1B Initial Registration Period Has Closed – What to Expect Next

On Monday, March 25 at Noon EDT, United States Citizenship and Immigration Services (USCIS) closed the initial H-1B registration period. The agency stated that it will soon randomly select enough unique beneficiaries of...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

Dinsmore & Shohl LLP

Smooth Sailing: U.S. Department of State Reports Success with H-1B Visa Renewal Program

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The U.S. Department of State (DOS) reports a smooth start and a lower volume of applications than it anticipated when it launched a pilot program in January of 2024. The initiative allowed individuals whose last H-1B visa was...more

Maynard Nexsen

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

Maynard Nexsen on

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

Orrick, Herrington & Sutcliffe LLP

H-1B Lottery to Open on March 6 With Notable Changes

The annual H-1B electronic registration period (often known as the H-1B lottery) for Fiscal Year 2025 will open March 6 and run through 12 p.m. EST March 22. During this period, prospective H-1B employers and their...more

Kramer Levin Naftalis & Frankel LLP

USCIS Will Launch Enhanced, Upgraded MyUSCIS Account

In anticipation of the upcoming U.S. Citizenship and Immigration Services (USCIS) H-1B electronic registration process (see our prior client alert for details), we want to call your attention to an update that will affect all...more

Shumaker, Loop & Kendrick, LLP

Client Alert: USCIS Finally Publishes the Dates for the New Fiscal Year’s H-1B lottery

U.S. Citizenship and Immigration Services (USCIS) recently updated employers and immigration practitioners regarding important dates to keep in mind regarding the upcoming H-1B registration for the upcoming H-1B lottery. This...more

Dinsmore & Shohl LLP

USCIS Releases H-1B Lottery Information: Registration Process Begins March 6

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U.S. Citizenship and Immigration Services (USCIS) released guidance on the Fiscal Year (FY) 2025 H-1B lottery process. The registration system will be open from noon Eastern, March 6, 2024 until noon Eastern, March 22, 2024....more

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