Highly-Skilled Workers Visa H-1B

News & Analysis as of

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Corporate Immigration: Changing the Way America Does Business

The United States is undoubtedly a country filled with opportunity, prosperity, and diverse culture. Although America is one of the richest, most economically powerful countries in the world, it is important to recognize that...more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Premium Processing of Cap-Subject H-1B Petitions Will Begin on May 12, 2016

The U.S. Citizenship and Immigration Services recently announced that premium processing of cap-subject H-1B petitions selected for fiscal year 2017 will begin on May 12, 2016. This means that, absent a request for evidence,...more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions,...more

USCIS Receives 236,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2016

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2016, that more than 236,000 cap subject H-1B petitions were received between April 1 and April 7 — about 3,000 more petitions for FY 2017 were filed...more

USCIS Announces FY 2017 H-1B Visa Cap Reached

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

USCIS Reaches FY 2017 H-1B Cap

As of April 7, 2016, the United States Citizenship and Immigration Services (USCIS) has reached the H-1B quota or “cap” limitation for fiscal year (FY) 2017. USCIS has not yet confirmed the total number of petitions received...more

FY 2017 H-1B Cap Reached

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under...more

H-1B Cap Reached — Lottery Initiated and Premium Processing Delayed

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2017. As predicted, the USCIS received a heavy demand for the...more

H-1B Program On Trial During Senate Hearing

Prospects for passage of any H-1B reform legislation remain low in this politically charged election year....more

Final STEM OPT Rule Released - Effective May 10, 2016

The U.S. Department of Homeland Security has issued a final rule that allows foreign graduates of Science, Technology, Engineering, and Math (“STEM”) programs from U.S. universities an additional 24 months of F-1 Optional...more

Immigration Bulletin – USCIS Announces New STEM OPT Regulations

The U.S. Citizenship & Immigration Services (USCIS) has issued new F-1 student visa regulations that increase the amount of Optional Practical Training (OPT) employment authorization available to foreign students with...more

New DHS Rule Creates Extended Work Authorization for STEM Graduates - Side Benefit is a Potential H-1B Workaround

On March 11, 2016, the Department of Homeland Security issued a long-anticipated final rule allowing certain foreign students with science, technology, engineering and math (STEM) degrees earned in the U.S. to extend their...more

Breaking News: DHS Publishes New STEM OPT Rule with effective date of May 10, 2016

On March 10, 2016, the Department of Homeland Security published the new STEM Optional Practical Training (“OPT”) final rule in the Federal Register. The effective date of this new final rule is May 10, 2016, the date that...more

Last Call for New Cap H-1Bs and International Student STEM Optional Practical Training Changes

April 1 is the filing date for new H-1B cap subject applications. There is a 7-day process that must be completed through Department of Labor prior to filing. If you have any potential H-1B petitions (foreign students on...more

Prepare H-1B Visa Petitions Now to Meet April 2016 Filing Deadline

The H-1B visa filing period for Fiscal Year 2017 begins on April 1, 2016, and filing H-1B visa petitions on that date is the best plan for U.S. employers interested in hiring degreed skilled foreign workers....more

DHS Launches Trial Program to Streamline Employment Visa Applications

On March 3, 2016, the U.S. Department of Homeland Security (DHS) announced its launch of the Known Employer Program, under which certain employers are eligible to use an online platform to submit information that can be used...more

USCIS Prepares To Close Discussion On Business Visa Overhaul

Washington, DC – February 22, 2016—The United States Citizenship and Immigration Services Department is set to close discussion on rules changes to employment visas for immigrants and non-immigrants. The changes would...more

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Important Reminders for Employers Regarding this Year's H-1B Cap

As we head into the final month before petitions for H-1B visas must be filed for Fiscal Year 2017, employers should keep the following information in mind: FEIN Validation - If an employer has not filed a labor...more

H-1B Season and a Lesson from Disney

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

H-1B Work Permit Filings: Will You Beat the Cap?

This Management Alert is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2017. We recommend that employers identify any...more

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