News & Analysis as of

Final Rules H-1B Immigration Procedures

Jackson Lewis P.C.

What’s Changing to H-1B Cap Gap for F-1 Students?

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more

ArentFox Schiff

Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits

ArentFox Schiff on

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and...more

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more

Miller Canfield

Employers: It's Time for the FY2026 H-1B Cap Registration Under the New H-1B Modernization Rule

Miller Canfield on

It is that time of the year again – H-1B CAP registration is right around the corner. With the continued beneficiary-centric selection process, and the new H-1B modernization rule which impacts H-1B CAP filings, employers...more

Jackson Lewis P.C.

H-1B Cap Update: USCIS Announces FY2026 H-1B Cap Registration Period and Massive Fee Hike

Jackson Lewis P.C. on

The H-1B cap season for Fiscal Year 2026 is quickly approaching. USCIS announced on Feb. 5, 2025, that the registration period for FY 2026 will open at noon (EST) on Friday, March 7, 2025, and close at noon (EST) on Monday,...more

Holland & Knight LLP

Positive Changes for Business Immigration: The H-1B Modernization Rule

Holland & Knight LLP on

The U.S. Department of Homeland Security (DHS) recently announced a final rule (Rule) that modernizes the H-1B program. The H-1B non-immigrant program is utilized by U.S. employers to employ professional foreign workers in...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Shumaker, Loop & Kendrick, LLP

Client Alert: DHS Issues Final Rule on H-1B Modernization Effective January 17, 2025

Some exciting new changes are happening for the H-1B visa program starting January 17, 2025. United States Citizenship and Immigration Services (USCIS) has published a final rule implementing significant changes to the H-1B...more

Buchalter

What The H-1B Modernization Rule Means For Employers And Employees

Buchalter on

The U.S. Department of Homeland Security (USDHS) published a final rule regarding significant changes to the H-1 B program in the Federal Register on December 17, 2024. This article examines these changes and ends with...more

Amundsen Davis LLC

H-1B Modernization Rule Finalized

Amundsen Davis LLC on

The Department of Homeland Security has announced a comprehensive update to the H-1B visa program, set to take effect on January 17, 2025. This modernization introduces new flexibilities, strengthens oversight, and provides...more

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Race to the Finish: DHS to Publish Part Two of H-1B Modernization Rule

On December 18, 2024, the U.S. Department of Homeland Security (DHS) will publish the long-awaited second portion of its H-1B modernization rule. The draft rule, which was originally published for notice and comment on...more

Moore & Van Allen PLLC

MVA Immigration News Roundup

Moore & Van Allen PLLC on

Welcome to the first installment of MVA’s Business Immigration Quarterly! Each quarter we will be bringing you a roundup of current trends, important issues, and interesting topics in the business immigration community. ...more

Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

Dickinson Wright on

The Final Rule published by United States Citizenship and Immigration Services (USCIS) adjusting certain immigration and naturalization benefit request fees went into effect on April 1, 2024. This Final Rule included the...more

Miller Canfield

Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

Miller Canfield on

Employers with candidates who require initial H-1B employment authorization should plan to submit a registration for those candidates when the H-1B electronic registration period opens on March 6, 2024. The electronic...more

Seyfarth Shaw LLP

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

Holland & Knight LLP

USCIS Takes First Step Toward Modernization of the H-1B Program

Holland & Knight LLP on

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more

Miller Canfield

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

Miller Canfield on

The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

Holland & Hart - Employers' Lawyers

Immigration Alert: USCIS Announces H-1B Cap Registration Dates and Significant Fee Increases

United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and...more

Lippes Mathias LLP

Higher USCIS Filing Fees Could Be Coming Very Soon

Lippes Mathias LLP on

Last January I posted about "An Unwelcome Update to Start 2023: USCIS Proposing Rule to Raise Filing Fees; Set Specific Filing Fees for Different Types of I-129 Filings". That unwelcome proposal to start 2023 may become an...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...more

WilmerHale

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

WilmerHale on

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Littler

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

Littler on

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

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