News & Analysis as of

Foreign Workers Department of Homeland Security (DHS) Visa Caps

Fisher Phillips

Workplace Immigration Update: H-1B Cap Reached, Venezuela TPS Revived, and Electronic Device Searches

Fisher Phillips on

Employers should be mindful of four critical immigration developments that have recently taken place and could impact your workplace. Here is the latest update from our Immigration Team....more

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

H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers

On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025. ...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

Fox Rothschild LLP

H-1B Cap Season: FY2026 Registration Dates and Information

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U.S. Citizenship and Immigration Services (USCIS) has officially announced the FY2026 H-1B Cap Registration dates. Below is a summary of some information that you should know:...more

Holland & Knight LLP

Specific Q&A Regarding Upcoming 2026 H-1B Visa Cap Registration Period Opening on March 7, 2025

Holland & Knight LLP on

This Holland & Knight alert details common Q&A regarding the upcoming 2026 H-1B Visa Cap Registration Period and related procedures. This information is in addition to a recent alert regarding the upcoming Registration Period...more

Tarter Krinsky & Drogin LLP

March 2025 H-1B Cap Registration and Other YTD Immigration Updates

January and February 2025 have been some of the most active months in the field of immigration law. We are pleased to share the latest updates, from sweeping executive actions to significant changes in immigration policy and...more

Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B lottery game plan: Best practices for HR teams

The H-1B cap registration and lottery for Fiscal Year 2026 is expected to begin in early March – only two months from now. Although the U.S. Citizenship and Immigration Services has not yet announced the exact registration...more

Seyfarth Shaw LLP

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

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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 & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...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

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

Supplemental H-2B Cap for Returning Workers Reached for Early Second Half of Fiscal Year 2023

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year (FY) 2023. As part...more

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

FY2022 H-1B Cap Update: USCIS Confirms Registration Details, Delays Wage-Based Selection Process

U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year (FY) 2022 on or shortly after April 1, 2021. USCIS has confirmed it will use the same...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B Cap Lottery May Favor The Highest Paid Foreign Nationals - But Will The Rule Take Effect?

In filing an H-1B petition, employers must select one of four wage levels for the applicable occupational title in preparing the required Labor Condition Application. (There is an exception when a private wage survey is...more

Fisher Phillips

Proposed Rule Would Bring Drastic Changes To H-1B Cap Process By Basing Selections On Highest Salary

Fisher Phillips on

The Department of Homeland Security recently proposed changes to the H-1B Cap system that would significantly impact the existing process. The proposed rule, entitled “Modification of Registration Requirement for Petitioners...more

McCarter & English, LLP

Trump Administration Loses Another Immigration Federal Challenge

As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more

Fox Rothschild LLP

Selection In The H-1B Cap Lottery If The Proposed New Process Takes Effect?

Fox Rothschild LLP on

On November 2, 2020, the Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to drastically change the way USCIS selects the H-1B Cap registrations of U.S. employers. If the...more

Ballard Spahr LLP

Department of Homeland Security Establishes New H-1B Electronic Registration Process for Employers

Ballard Spahr LLP on

The Department of Homeland Security (DHS) and its U.S. Citizenship and Immigration Services (USCIS) announced on December 6 that it is implementing an electronic registration process in the next H-1B lottery. ...more

Vedder Price

The New H-1B Cap Registration Process: How It's Going to Look

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The Department of Homeland Security (DHS) has established a mandatory Internet-based electronic registration process for employers seeking to file H-1B petitions for beneficiaries that may be counted under the regular cap or...more

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

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...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

Foster Garvey PC

New Rule Amending H-1B Lottery Selection Process Effective April 1, 2019

Foster Garvey PC on

On January 30, 2018, the Department of Homeland Security (DHS) issued a final rule revising the random selection process (commonly referred to as the annual “H-1B Lottery”) by which the U.S. Citizenship and Immigration...more

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