News & Analysis as of

Foreign Students H-1B Visas

Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...more

Gibney Anthony & Flaherty, LLP

[Webinar] Business Immigration Need to Know: Outlook for 2025 - December 10th, 12:00 pm ET

Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive,...more

Laner Muchin, Ltd.

Now is the Time to Start Preparing for the H-1B Cap Lottery for Foreign Students or International Candidates

Laner Muchin, Ltd. on

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B lottery registrations, known as the H-1B Cap Lottery, for Fiscal Year 2025 starting in March of 2024 (exact dates to be announced)....more

Warner Norcross + Judd

Time to Get Ready for the H-1B Filing Season

Warner Norcross + Judd on

It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at...more

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

CDF Labor Law LLP

FY 2024 H-1B Lottery Registration Period Opens March 1

CDF Labor Law LLP on

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...more

CDF Labor Law LLP

Is the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?

CDF Labor Law LLP on

An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team.  This new graduate is a foreign student utilizing the one-year Optional Practical Training...more

ArentFox Schiff

Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

ArentFox Schiff on

Many F-1 OPT foreign nationals have been approved for H-1B status effective October 1st in this year’s H-1B lottery Employers and F-1 workers should be careful during the transition from F-1 to H-1B status to ensure they...more

Rivkin Radler LLP

Groundbreaking Changes To The H-1B Lottery In 2021

Rivkin Radler LLP on

Today, United States Citizenship and Immigration Services (USCIS) announced a final rule that would drastically change the lottery system this year. Under the new rule, USCIS would give priority to applications offering the...more

Fisher Phillips

Fall 2020 Back-To-School – Planning For F-1 Students And Other Visa-Dependent Employees After Record-Breaking H-1B Cap Turnout

Fisher Phillips on

With students across the country returning to remote or socially distanced schooling, many things are looking very different in 2020 – and immigration is no exception. Earlier this year, employers and visa-dependent employees...more

Fisher Phillips

Trump Proclamation Expands Restrictions On Legal Immigration

Fisher Phillips on

President Trump just issued a Proclamation to further restrict legal immigration, preventing employers from bringing new H-1B, H-2B, L-1A, L-1B, and J-1 workers from abroad into the United States. Effective June 24, 2020...more

Akin Gump Strauss Hauer & Feld LLP

President Trump Issues Proclamation Suspending Entry of Certain Foreign Workers

- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended. - Proclamation does not apply to anyone currently in the United States. - Proclamation does not apply to anyone who already...more

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

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

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

UB Greensfelder LLP

H-1B Cap Season is Here. Is Your Company Ready?

UB Greensfelder LLP on

Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 cap season, the start dates for premium processing of cap-subject H-1B petitions, and the launch of USCIS’s new...more

Epstein Becker & Green

Special Immigration Alert - June 2018

U.S. Supreme Court Upholds Travel Ban - After many lawsuits and appeals, on June 27, 2018, the Supreme Court of the United States upheld the Trump administration’s September 24, 2017, travel ban of nationals from Iran,...more

Burr & Forman

H-1B Visas and Third Party Worksites

Burr & Forman on

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

Jackson Lewis P.C.

Trump Administration Considers Elimination Of J-1 Program For Some Students

Jackson Lewis P.C. on

The Trump Administration is considering the elimination of the J-1 Summer Work-Travel Program for students who come to tourist areas in the U.S. as temporary summer help and as participants in cultural exchanges. Like the...more

Jackson Lewis P.C.

Changes In FAM May Make It More Difficult For Students With Pending H-1B Cases To Travel

Jackson Lewis P.C. on

The Department of State has revised its guidance for Consular Officers on the issuance of student visas, emphasizing that the officer must be “satisfied that applicant intends to depart [the U.S.] upon completion of the...more

Maynard Nexsen

Optional Practical Training: As this workforce grows, so does HR professionals' need to have hiring plan for the visa program

Maynard Nexsen on

Optional Practical Training (OPT) workers are becoming an indispensable part of the American workforce. Small and mid-sized companies are the largest beneficiaries, as just 4 percent of all OPTs work at the 10 largest tech...more

Carlton Fields

What will U.S. Business Immigration Look Like Under A Trump Administration?

Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Mintz

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Mintz on

Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more

Proskauer Rose LLP

Holiday Planning Should Include H-1B Cap Planning

Proskauer Rose LLP on

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

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

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