News & Analysis as of

Foreign Workers Final Rules

Jackson Lewis P.C.

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

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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

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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

Gibney Anthony & Flaherty, LLP

March 2025 Visa Bulletin Released: What Employers Need to Know

The Department of State released the March 2025 Visa Bulletin and USCIS has confirmed they will continue to utilize the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates...more

Jackson Lewis P.C.

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

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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

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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

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

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

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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

Jackson Lewis P.C.

Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the...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

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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

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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

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

DHS Finalizes H-2 Program Regulations, Expanding Worker Protections and Employer Hiring Options

On December 18, 2024, the U.S. Department of Homeland Security (DHS) published the final version of the H-2 program modernization rule. The final rule amends DHS regulations for both H-2A (temporary agricultural workers) and...more

Fisher Phillips

H-2 Visas Get Final Overhaul Before Change in Power in D.C. – 3 Biggest Changes for Employers

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Federal immigration officials announced final rules to modernize the H-2A and H-2B temporary worker programs last week in an effort to enhance flexibility, strengthen worker protections, and improve program efficiency...more

Fisher Phillips

Biden Administration Reshapes H-1B Visa Rules: What Employers Need to Know

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Federal immigration authorities issued a new final rule yesterday that reshapes the eligibility criteria for the H-1B visa program, clarifying which foreign workers can apply for the coveted slots and expanding the reach of...more

Seyfarth Shaw LLP

DHS Announces Permanent Increase of Automatic EAD Extensions

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The Department of Homeland Security (DHS) announced a permanent increase in the automatic extension period for certain Employment Authorization Documents (EADs) up to 540 days. The final rule will take effect on January 13,...more

Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

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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

Fisher Phillips

DOL Finalizes Farmworker Protection Rule: 8 Key Takeaways for H-2A Agricultural Employers

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The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more

Harris Beach Murtha PLLC

USCIS To Increase Filing Fees Effective April 1, 2024

The Department of Homeland Security recently published a Final Rule in the Federal Register establishing a filing fee increase that will go into effect on April 1, 2024. The new fee schedule significantly increases several...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

Miller Canfield

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

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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

Jackson Lewis P.C.

USCIS Final Rule Increasing Filing Fees Expected Soon

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USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on...more

Seyfarth Shaw LLP

U.S. Citizenship and Immigration Services Increases Premium Processing Fees

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Seyfarth Synopsis: Department of Homeland Security (DHS) published a final rule to increase premium processing fees. The new fees will start on February 26, 2024. On December 27, 2023, USCIS announced an inflation adjustment...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

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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

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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

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