Visa Caps

News & Analysis as of

A Preview of Business Immigration in 2016: H-1B

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 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...more

Taking the Temperature of Immigration Policy for Nurses

As we enter the throes of cold and flu season, thoughts naturally turn to matters of health and so it seems fitting that HRLegalist takes a look at visa options for foreign RNs, which has traditionally been more difficult...more

April 1 Deadline for Filing H-1B Visa Petitions Approaches

As of April 1, 2016, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2017 (FY2017). Upon approval, petitions for FY2017 will allow foreign nationals to work for...more

Fiscal Year 2017 H-1B Cap Season Quickly Approaching

On Friday, April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year 2017 cap (FY 2017)....more

April 1, 2016 - H-1B “Lottery” Begins Again!

USCIS to accept new H-1B filings beginning April 1, 2016. Filing by April 7th will be critical: U.S. Citizenship and Immigration Services will start accepting filings of new H-1B petitions on April 1st for the fiscal year...more

January 2016 Immigration Alert

I. U.S. Supreme Court to Rule on Obama Immigration Plan - On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more

“H-1B Season” to begin April 1, 2016 – Employer Action Needed Now

USCIS Will Complete the H-1B Cap Random Selection Process on April 7th - NOW is the time to identify employees who may need H-1B status to continue working in the United States and begin preparations to file an H-1B petition...more

H-1B Cap Filing Season Begins on April 1, 2016

On Friday April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. It is critical that employers begin preparation as soon as possible for...more

USCIS to Accept Cap-Subject H-1B Petitions for FY2017 Beginning April 1, 2016

Friday, April 1, 2016 marks the opening of the filing period for new H-1B petitions to be counted against the annual H-1B quota for Fiscal Year (FY) 2017. H-1B petitions subject to the annual quota, commonly known as the...more

H-1B Cap Season is Approaching: Are you Prepared?

April 1, 2016 is the filing date for all H-1B visa petitions that are subject to the “Cap.” Many HR staff – especially if they are new in the role – are unfamiliar with the fundamentals of the H-1B visa. This article...more

H-1B Cap season is upon us

On April 1, 2016, the H-1B quota will open, making available 65,000 new H-1B visa numbers for professionals working in occupations requiring at least a U.S. Bachelor’s degree or equivalent based on a combination of education...more

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for the 2016 allotment of visas for foreign national professionals in specialty occupations. Cap-subject H-1B...more

Immigration Update: 'Tis the season to prepare for H-1B petition filing

On April 1, 2016, USCIS will begin accepting cap subject H-1B visa petitions for a start date of October 1, 2016. Due to the high demand for H-1B visas, we encourage employers to identify any employees who may require initial...more

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2017

It’s never too early to begin preparing for H-1B cap filings! This alert is a reminder of the April 1, 2016 deadline for the filing of H-1B visa petitions for Fiscal Year 2017. Petitions for the new fiscal year, which will be...more

Planning Ahead: H-1Bs for FY2017

As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such,...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

Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,...more

Proposed New Rule May Save the STEM OPT Program

The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. In 2008, the U.S....more

Update on STEM OPT Work Permit Extension: Administrative Process for Regulation Is Underway

In response to Judge Ellen Segal Huvelle’s ruling in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security et al., No. 14-529 (August 12, 2015) that vacated the previous regulations on STEM...more

DHS Sends New STEM OPT Rule to OMB For Review

The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2017 on April 1, 2016

The filing period for new H-1B petitions to be counted against the annual H-1B quota (or H-1B cap) for Fiscal Year (FY) 2017 will begin on Friday, April 1, 2016. Cap-subject H-1B petitions will have an employment start date...more

USCIS Halts Processing of Employment-Based Adjustment Applications Until October 1

The U.S. Department of State reports that the statutory cap for employment-based preference categories for fiscal year (FY) 2015 has been reached. The federal government’s fiscal year runs from October 1 to September 30....more

USCIS Temporarily Suspends Adjudication of I-485s

USCIS announced on September 24, 2015 that it will: “suspend final adjudication of employment-based Form I-485 applications… because the Department of State reports that the statutory cap has been reached for the...more

H-1B Alternatives Series: Concurrent H-1B Employment

In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with...more

Immigration Laws Impacting the Workplace

The H-1B visa program has been one of the most successful programs in U.S. immigration history, allowing for U.S. entities to hire and place highly skilled workers, holding at least a bachelors’ degree or the equivalent, into...more

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