Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more
2/8/2024
/ Corporate Counsel ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Lottery ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are available for positions...more
The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more
11/9/2023
/ Federal Pilot Programs ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Agenda ,
Regulatory Requirements ,
Renewal Options ,
US Department of State ,
USCIS ,
Visas
USCIS recently announced the annual registration period for the FY2024 H-1B cap will open at noon (ET) on March 1, 2023, and remain open until noon (ET) on March 17, 2023. Registration is an annual electronic process through...more
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to announce the H-1B cap...more
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual...more
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
4/29/2021
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
O Visa Petitions ,
OPT ,
STEM ,
TN-Visas ,
USCIS ,
Visas
In episode 15 of the Take 5 Immigration Podcast Series, host Melissa Azallion Kenny is joined by Burr partner Jonathan Eggert to discuss what's on the immigration horizon for businesses in 2021, including the DACA program,...more
2/10/2021
/ Biden Administration ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
H-1B ,
H-4 ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Visas
After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more
1/25/2021
/ Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Regulations ,
Minimum Wage ,
PERM ,
Prevailing Wages ,
USCIS ,
Visas ,
Wage and Hour
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...more
10/6/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Injunctions ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Temporary Work Visas ,
Trump Administration
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by...more
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special notice and posting...more
It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more
1/29/2020
/ Department of Homeland Security (DHS) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
New Regulations ,
USCIS ,
Visas
As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more
12/10/2019
/ Diversity Lottery ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
New Regulations ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Now that the April 1, 2019 H-1B visa deadline has passed, thousands of employers may find themselves looking for an alternative to employ valuable foreign workers. While not receiving as much media popularity as the H-1B...more
4/16/2019
/ E-2 ,
Foreign Investment ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Investors ,
L-Visas ,
USCIS ,
Visas
While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and...more
With April 1, 2019 and the H-1B cap deadline quickly approaching, employers seeking to use H-1B workers in third-party worksite arrangements will likely continue to see increased scrutiny from USCIS. Third-party worksite...more
In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more
2/6/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more
1/9/2019
/ Comment Period ,
Department of Homeland Security (DHS) ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more
6/27/2018
/ Department of Labor (DOL) ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Labor Condition Applications ,
Third-Party ,
USCIS ,
Visa Caps ,
Visas
In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more
8/24/2017
/ Diversity Lottery ,
EB-5 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
Legislative Agendas ,
Non-Immigrant Visas ,
Popular ,
Proposed Legislation ,
RAISE Act ,
Trump Administration ,
Visas ,
Work Visas