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 -

Critical Action Steps for Employer Compliance During ICE Raid

by Miles & Stockbridge P.C. on

Miles & Stockbridge lawyer Sufen Zhang covers steps employers can take to prepare for a potential enforcement action by U.S. Immigration and Customs Enforcement. ...more

USCIS Completes H-1B Cap Lottery for FY2019

by Moore & Van Allen PLLC on

USCIS announced that it has completed the "H-1B Cap Lottery" to select the number of petitions necessary to meet the H-1B cap for fiscal year (FY) 2019. This year, USCIS received 190,098 H-1B petitions during the filing...more

USCIS Completes The Random Selection Process Of Fiscal Year 2019 H-1B Cap Filings

On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the H-1B cap lottery selection process. Of significance to note: USCIS received 190,098 petitions this year, which is...more

Beltway Buzz - April, 2018 #2

Ryan Retires. House Speaker Paul Ryan (R-WI) announced on April 11 that he won’t seek reelection in November. While Ryan is much more of a budget wonk than a labor guru, the Buzz will be monitoring the impacts of this...more

USCIS Completes the H-1B Cap Random Selection Process for FY2019

by Shipman & Goodwin LLP on

United States Citizenship and Immigration Services (“USCIS”) announced on April 11 that the agency had randomly selected enough H-1B petitions to meet the congressionally mandated cap and the U.S. advanced degree exemption,...more

And the H-1B Goes To … USCIS Completes the FY2019 Annual H-1B Lottery Selection Process

by Fisher Phillips on

Were you one of the lucky few to “win” one of the 85,000 H-1B visa numbers in this year’s random selection process held by the U.S. Citizenship and Immigration Services (USCIS) lottery? The USCIS held its annual lottery...more

USCIS Completes H-1B Visa Cap Selection Process

by Mintz Levin on

As a follow-up to the April 6, 2018 announcement that the H-1B cap had been reached, on Thursday, April 12, USCIS revealed that it has now completed the random selection of the 85,000 petitions for the quota and that in...more

FY 2019 H-1B Cap: USCIS Completes Random Selection Process

On April 11, 2018, U.S. Citizenship and Immigration Services (USCIS) announced the completion of its “computer-generated” random selection process used to select H-1B petitions for the congressionally-mandated cap filing...more

USCIS Completes Random Selection Process for H-1B Cap Cases

by Epstein Becker & Green on

On April 12, 2018, the U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the computer-generated random selection process for fiscal year 2019 H-1B cap cases. At the same time, USCIS disclosed...more

H-1B Cap Lottery Selection For FY2019 Completed On April 12

by Fox Rothschild LLP on

Between April 2-6, USCIS received 190,098 cap-subject H-1B petitions from U.S. employers in need of the talents of professionals from abroad. This was more than enough petitions to meet the H-1B cap for FY 2019. On April...more

USCIS Announces FY 2019 H-1B Cap Reached, Total Down Slightly

by Jackson Lewis P.C. on

USCIS received 190,098 H-1B petitions during the first week of April. The cap has been reached every year for the past six years but the total is down from last year’s total of 199,000. The Service conducted its...more

USCIS Completed The H-1B Cap Lottery Selection For FY 2019

by Fox Rothschild LLP on

Today, USCIS announced it has completed the H-1B cap FY 2019 random selection process on April 11. This year, USCIS received a total of 190,098 H-1B cap petitions during the H-1B cap FY 2019 filing period, which started on...more

FY 2019 H-1B Visa Cap: USCIS Reaches Annual Cap in 5 Days

According to a recent U.S. Citizenship and Immigration Services (USCIS) announcement, “USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019.” The fiscal year (FY) 2019) H-1B cap filing...more

Expect Focus - International - March 2018

by Carlton Fields on

Trends Against BITS and Investor State Dispute Resolution - In my first Expect Focus International article (http://bit.ly/2G9Demu), I suggested that investors doing business outside the United States should do so in...more

Employers Must Plan Ahead to Mitigate H-1B Visa Processing Delays

by Carlton Fields on

The Trump Administration has passed no new immigration legislation or regulation. However, the administration’s stated focus on protecting the American worker, as articulated in its 2017 Buy American and Hire American...more

USCIS Reaches H-1B Cap for FY2019

by Moore & Van Allen PLLC on

U.S. Citizenship and Immigration Services (CIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory caps for fiscal year 2019, which begins on October 1, 2018....more

Converting Your H-4 Visa

by Ronald Shapiro on

H-4 visa holders may consider converting to other status options to access job opportunities in the U.S and avoid getting blocked from working in the jobs they have already secured. Since many H-4 visa holders are as educated...more

Window On Washington - Vol. 2, Issue 14

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital Congress Returns Today. Congress comes back to Washington today after a two-week recess period for the Easter and Passover holidays and is scheduled to have a busy week....more

The 2019 H-1B Cap Has Been Reached

by Epstein Becker & Green on

Today, the U.S. Citizenship and Immigration Services announced that it had (i) reached the congressionally mandated 65,000 H-1B cap for fiscal year 2019...more

Are You Ready for USCIS H-1B Site Visits or Department of Labor Audits?

by Foley Hoag LLP on

Now that the FY 2019 H-1B cap has been reached, make sure you have a strong immigration compliance programs in place, particularly when it comes to Department of Homeland Security’s H-1B Site Visit program and Department of...more

USCIS Reaches Statutory Limit of H-1B Cap Cases for Fiscal Year 2019

by Mintz Levin on

U.S. Citizenship and Immigration Services (“USCIS”) announced today that it has received enough H-1B petitions to reach the statutory cap of 65,000 petitions for fiscal year (FY) 2019. USCIS also received more than the limit...more

H-1B Cap Reached for Fiscal Year 2019

by Foley Hoag LLP on

Today, April 6, 2018, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received more H-1B cap petitions than the statutory available visas for both the general cap of 65,000 available H-1B visas...more

USCIS Announces FY2019 H-1B Cap Reached

by Tonkon Torp LLP on

On April 6, 2018, USCIS announced that the H-1B cap for FY2019 was reached within the five business day filing window running from April 2-6, 2018. This includes both the U.S. advanced degree cap preference limit of 20,000...more

USCIS Reaches FY 2019 H-1B Cap In First Week Of April

by Jackson Lewis P.C. on

On April 6, 2018, USCIS announced that it reached the 65,000 H-1B visa cap for FY 2019, including the 20,000 U.S. advanced degree exemption known as the “master’s cap.” Every year since 2014, the cap has been reached during...more

Employment Law Letter - Spring 2018

by Shipman & Goodwin LLP on

While most employers are well aware of the statutory risk factors that can complicate a discharge, some recent court decisions underline the importance of considering how a termination could be perceived by an objective third...more

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