News & Analysis as of

H-1B Department of Homeland Security (DHS)

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 -
Schwabe, Williamson & Wyatt PC

Medical Care Providers and Their Foreign Health Care Professionals: Minimize the Risk of Immigration Enforcement

Recent changes in U.S. immigration policy have created unprecedented challenges for health-care providers and their sponsored foreign national employees. According to recent news reports, the Trump administration is...more

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

Cozen O'Connor

Entering the United States as a Foreign National? Here Is What You Need to Know

Cozen O'Connor on

OVERVIEW- •The goal of this alert is to provide general information regarding entry into the United States as well as applicable information for various employment-based visa categories. •Given the current climate in the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

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

Foreign National Travel Is Riskier Due to Maximum Visa and Admission Vetting and Restrictive Visa Interview Waiver Criteria

ArentFox Schiff on

Foreign nationals and employers should plan all international travel more carefully and further in advance. President Trump issued an executive order (EO) directing various federal agencies to coordinate their efforts to...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

Warner Norcross + Judd

Talent Without Borders: Key Immigration Updates for Employers

The evolving immigration landscape continues to impact employers, employees and global talent strategies. Recent policy shifts — from processing changes for H-4 and L-2 dependent applications to the termination of Haiti’s...more

McAfee & Taft

Every step you take: Navigating the H-1B visa lottery and preparing for increased ICE worksite enforcement

McAfee & Taft on

Employers nationwide are preparing for one of the most competitive H-1B visa seasons yet. From noon EST on March 7 to noon EST on March 27, employers can submit registrations on behalf of beneficiaries for whom they wish to...more

Ice Miller

DHS Instructs Employers After It Modifies TPS Designation for Haiti

Ice Miller on

The Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to designate a foreign state for Temporary Protected Status (TPS), which is a temporary immigration benefit, and...more

Kerr Russell

Immigration Insider | February 2025

Kerr Russell on

Details regarding this year’s H-1B lottery, changes to visa processing at U.S. Consulates, and information about documentation requirements for foreign nationals are included in this month’s edition of Immigration Insider....more

Adams & Reese

Trump, Musk, and the Future of the H-1B Visa: What to Expect for FY2026

Adams & Reese on

It’s that time of year again – the H-1B visa program is back in the spotlight as we enter the lottery registration period for Fiscal Year 2026. The lottery will be open from March 7-24, 2025....more

Poyner Spruill LLP

H-1B Lottery for FY2026 Opens March 7, 2025

Poyner Spruill LLP on

The H-1B Lottery for FY 2026 opens at 12:00 pm EST on  March 7, 2025. The registration period will run for eighteen (18) calendar days beginning March 7 and closing at 12:00 pm EST on March 24, 2025. The fee for submitting an...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

Mayer Brown

End of the Road: What the TPS Termination for Venezuelans Means for US Employers

Mayer Brown on

AT A GLANCE - The Department of Homeland Security recently published a notice in the Federal Register, indicating that Secretary of Homeland Security Kristi Noem is terminating Temporary Protected Status (TPS) under the...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Ruder Ware

USCIS Unveils Key Dates and Fee Increase for FY 2026 H-1B Cap Registration

Ruder Ware on

For employers seeking to sponsor foreign national professionals, awareness of the H-1B cap registration deadline is critical. Registration for the FY 2026 H-1B Cap lottery will start at 12 p.m. Eastern Time on March 7 and end...more

Miller Canfield

Employers: It's Time for the FY2026 H-1B Cap Registration Under the New H-1B Modernization Rule

Miller Canfield on

It is that time of the year again – H-1B CAP registration is right around the corner. With the continued beneficiary-centric selection process, and the new H-1B modernization rule which impacts H-1B CAP filings, employers...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

BakerHostetler

Department of Homeland Security Terminates 2023 Designation of Temporary Protected Status for Venezuela

BakerHostetler on

On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer support the 2023 designation of Venezuela for TPS. This means that Venezuelans physically present in the U.S. under...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces H-1B Lottery Registration Amid Recent Regulatory Changes to the H-1B Program

On February 5, 2025, the United States Citizenship and Immigration Services (USCIS)  announced that the online H-1B lottery will take place from noon ET on March 7, 2025, until noon ET on March 24, 2025. USCIS expects to...more

Moore & Van Allen PLLC

FAQs: Trump 2.0 Immigration Policies

Moore & Van Allen PLLC on

GENERAL - What are the current Executive Orders on immigration? On its first day in office, the Trump administration published 46 executive orders dealing with a broad range of issues, several of which were aimed...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

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. Employers seeking to register employees...more

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