Latest Posts › H-1B

Share:

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

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

Reconsidering Repayment Agreements with Foreign Employees

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end...more

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

Proposed Rule to Reform, Modernize H-1B Program

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

DHS to Propose Amending H-1B, F-1 Regulations

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign...more

FY 2023 H-1B Update: USCIS Sending Not-Selected Notices

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can...more

Time to Get Ready for FY 2023 H-1B Cap Season

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...more

H-1B, L-1 Update: USCIS Adopts Policy Changes

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

USCIS Makes More Cap-Subject H-1B Selections, Technical Problems In Notice Access

USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers...more

7/30/2021  /  H-1B , USCIS , Visa Caps , Visas

USCIS Announces Opening Of H-1B Cap Season

USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST. The process will mirror last year’s process. USCIS also announced its...more

Biden Directs Review Of Immigration Policies, Seeks To Reduce Unnecessary Barriers

On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs...more

Proposed H-4 EAD Rule Withdrawn For Review

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program. For close to five years, spouses of H-1B workers holding H-4 EADs...more

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration...more

Judge Strikes Down Administration Rules Restricting Employers’ Use Of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more

Suits Challenge New Rules On H-1B And PERM Labor Certification Programs

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more

New H-1B Rule Will Increase Denial Of Petitions, DHS Says

The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers. As a companion regulation to the “Strengthening Wage...more

New Rule Likely Intended To Formalize Onerous H-1B Requirements

The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more

Judge To Decide On Administration’s Immigration-Related Restrictions Based On COVID-19 Pandemic

In April and June, numerous Presidential Proclamations suspended entry of thousands of legal immigrants and nonimmigrants least until December 31, 2020, using the COVID-19 pandemic as the reason. This is despite the fact that...more

New Executive Order Takes Aim At Hiring Under Federal Contracts

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and...more

H-1B Update: Administration To Increase Scrutiny, Investigations

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas. Without Congressional oversight or legislative changes, the Trump Administration has changed the policies...more

White House Issues Amendment To Presidential Proclamation On Suspension Of New Work Visas

The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...more

New Work Visas Suspended Under Presidential Proclamation Until End Of 2020

The day before his previous Proclamation on immigrant visa was to expire, President Donald Trump signed the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus...more

Workplace Issues Of Reopenings, Returning To Work

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide