News & Analysis as of

Foreign Workers H-1B Final Rules

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

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Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue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

Fisher Phillips

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

Fisher Phillips on

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

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

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

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

Jackson Lewis P.C.

USCIS Final Rule Increasing Filing Fees Expected Soon

Jackson Lewis P.C. on

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

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

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...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

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

DOL Delays Implementation of Updated OES Wage Rule

On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more

Mintz - Immigration Viewpoints

Department of Labor Publishes Regulation to Increase Prevailing Wages

On Thursday, January 14, the Department of Labor (DOL) published a regulation which will significantly increase prevailing wage requirements effective July 2021....more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

WilmerHale

Trump Administration Increases Salary Requirements for H-1B Visa Holders

WilmerHale on

The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more

Fisher Phillips

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

Fisher Phillips on

In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

Nilan Johnson Lewis PA

June 2020: A Bumpy Ride for Employers Who Sponsor Foreign Workers

Nilan Johnson Lewis PA on

June 2020 is already proving itself to be a challenging month for employers who sponsor foreign workers. H-1B Cap Season - This year’s H-1B cap program was administered differently than it has been in previous years....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

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