Since taking office, President Donald Trump has issued a series of immigration-related executive orders and proclamations that have become the general framework for the future management of U.S. immigration policy and programs. In response to the President Trump’s directives, Department of Homeland Security (“DHS”) has begun to make significant changes to existing immigration programs. Here is an overview of the business immigration landscape as we enter 2018. However, please note, given the fluid dynamics of immigration policy, all or some of this may be subject to change.

THE NEW H-1B VISA PROGRAM AND ITS IMPACT ON BUSINESSES -

Brief History: The H-1B visa program allows U.S. companies to temporarily employ foreign workers in professional occupations typically requiring a minimum of bachelor’s degree or higher or its equivalent. Congress has a mandated cap of 65,000 H-1B visas (commonly known as the “regular cap”) and an additional 20,000 H-1B visas for beneficiaries who have earned a U.S. master’s degree or higher (commonly known as the “advanced degree cap”). U.S. Citizenship and Immigration Service (“USCIS”) begins accepting H-1B petitions that are subject to the annual cap six months in advance of the government’s upcoming fiscal year (October 1). For nearly a decade, USCIS has received more H-1B petitions than it can accept for processing. Therefore, USCIS conducts a computer generated random selection process (the “H-1B Lottery”) to notify employers which of their petitions has been accepted for processing.