News & Analysis as of

H-1B

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -

Employer Alert – The Fiscal Year 2019 H-1B Visa Season is Almost Here

Employers who hire foreign workers may already be familiar with U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. USCIS is also responsible for...more

H-1B Visa Filing Deadline: April 1, 2018

by Holland & Knight LLP on

New H-1B visa petitions for Fiscal Year (FY) 2019, which begins Oct. 1, 2018, will be accepted for filing starting on April 1, 2018, which means employers should have their H-1B visa petitions ready to be sent to U.S....more

H-1B Cap: Critical Filing Dates for FY 2019

by Littler on

Employers seeking to sponsor H-1B workers for Fiscal Year 2019 can begin filing petitions on April 2, 2018 (April 1 is a Sunday), for a start date of October 1, 2018. ...more

Immigration Law Outlook for 2018

Immigration continues to be a centerpiece of the Trump administration, and this means that the legal landscape may be subject to legislative, regulatory, policy, and agency operational changes, leading to additional barriers...more

New (Cap) H-1B Filings - April 2-6 Deadline

by Tonkon Torp LLP on

H-1B season is underway! U.S. employers can file for new H-1B visas on behalf of prospective or existing employees beginning April 2, 2018. The anticipated window for filing new H-1B petitions under the USCIS H-1B quota for...more

It’s Time to Start Preparing for H-1B Cap Season

by Williams Mullen on

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” Essentially, a specialty occupation is a professional position that requires an individual to...more

You Win the FY 2019 H-1B Lottery: Are Your Worries Behind You?

by Shipman & Goodwin LLP on

The answer to this question is “not necessarily.” After the FY 2018 H-lB lottery, many participating U.S. employers and beneficiaries breathed a sigh of relief and gave a hearty cheer when their checks for the H-1B filing...more

Beltway Buzz - February, 2018

“Okay, campers, rise and shine, and don’t forget your booties ‘cause it’s cooooold out there today.” Here is your Groundhog Day Beltway Buzz...more

‘I-Squared’ Bill Would Change H-1B And Other Immigration Programs

by Jackson Lewis P.C. on

While the Administration and Congress work to reconcile the needs of DACA recipients with concerns over border security and illegal immigration, Senators Orrin Hatch (R-UT) and Jeff Flake (R-AZ) have introduced a bill to...more

[Webinar] US Immigration - A One Year Look Back - February 14th, 1:00pm CT

Following President Trump’s Executive Orders promising to toughen US immigration policy, the executive agencies that administer US immigration laws have issued new policy statements and are promulgating new regulations that...more

Universities And International Students May Still Benefit Amid Uncertain Immigration Future

by SmithAmundsen LLC on

After a decade of rapid growth which saw the international student population increase 85 percent to over a million students, the number of newly arriving international students fell 3 percent in the 2016-2017 academic...more

What U.S. Employers Need to Know About the FY 2019 H-1B Visa Cap Season

by Foley Hoag LLP on

It’s the time of year when U.S. employers are preparing for the upcoming H-1B cap petition filing season. While it appeared that USCIS was considering revising the H-1B lottery process for this fiscal year by adding a new...more

Cap-Subject H-1B Visa Petitions to be filed on April 2, 2018

by Dorsey & Whitney LLP on

The annual H-1B cap season will be opening April 2, 2018. As usual, the application window period is 5 business days. 65,000 H-1B visas are allotted every year....more

H-1B Visas: File Now or Forever Hold Your Peace?

by Barley Snyder on

Every year around this time employers subject to the H-1B visa cap start considering whether to file petitions for highly skilled workers from foreign countries. This year employers should think twice before putting that...more

H-1B Applicants, Start Your Engines

by SmithAmundsen LLC on

If you are planning to file H-1B applications for your employees this year, now is the time to start the process. While the filing deadline is April 2, 2018, it’s not too early to begin the application, which involves several...more

USCIS Confirms No Procedural Changes for H-1B FY2019 Cap Season

by Cozen O'Connor on

Monday, April 2, 2018, is just around the corner and begins the FY2019 H-1B cap filing season. Employers are urged to begin now to prepare for filing H-1B petitions subject to the cap. As reported earlier this week, due to...more

H-1B Visa Procedures to Remain the Same for Fiscal Year 2019: First Date to File is April 2, 2018

by Shipman & Goodwin LLP on

U.S. Citizenship and Immigration Services (“USCIS”) Service Center Operations Directorate has confirmed that they are not anticipating any procedural changes for the fiscal year 2019 (FY 2019) H-1B cap season. USCIS intends...more

H-1B Filing Window for FY 2019 Will Open on April 2

U.S. Citizenship and Immigration Services (USCIS) will begin to accept H-1B petitions subject to the annual quota for fiscal year 2019 (FY 2019) on April 2, 2018. As the filing window approaches, employers may want to...more

Strong Demand Expected for FY2019 H-1B Filings: Employers Should Plan Now

by Garvey Schubert Barer on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming H-1B cap filing season commencing this year on Monday, April 2, 2018. Employers should start identifying...more

2018 Brings New Changes to Various Business Immigration Programs

by Foley Hoag LLP on

Since taking office, President Donald Trump has issued a series of immigration-related executive orders and proclamations that have become the general framework for the future management of U.S. immigration policy and...more

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2019

Historically, H-1B visas have been the U.S. employment visa of choice due to their flexibility for professionals to work in “specialty occupations.” Lately, however, for those employers and prospective employees who are...more

Employers Should Begin Preparation for Opening of FY 2019 H-1B Cap

by Cozen O'Connor on

The beginning of the calendar year is the perfect time for employers to begin planning for the FY2019 H-1B cap filing season, which will begin on Monday, April 2, 2018....more

Indian and Chinese Nationals Likely First to Be Affected by H-1B-Related Changes

by McNair Law Firm, P.A. on

After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian...more

The Government Has Shut Down. Now What?

by Womble Bond Dickinson on

Congress was unable to agree on a spending bill and the US government has shut down as of midnight, January 19th. This leaves many wondering how immigration benefits are impacted. The general rule is that those services that...more

2019 H-1B Visas - Need to Begin Process Now

by Varnum LLP on

Employers may first apply for Fiscal Year 2019 H-1B visas for individuals not currently in H-1B status on Monday, April 2, 2018 for a start date of October 1, 2018....more

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