News & Analysis as of

H-1B Department of Homeland Security (DHS) F-1 Visa

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 -
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

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

Lippes Mathias LLP

Immigration Options for Religious Workers

Lippes Mathias LLP on

In the past few years, it has become difficult to prepare immigration strategies for religious workers due to the length of time it takes for religious worker green cards to be approved. The delay is new and does not make a...more

Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...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

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

Mintz - Immigration Viewpoints

US Department of Homeland Security Publishes H-1B Modernization Rule

On December 18, 2024, the Biden administration’s Department of Homeland Security published its final rule to overhaul several aspects of the H-1B visa program. This final rule, which takes effect 30 days after publication, is...more

Alston & Bird

The New H-1B Rule Published Wednesday Aims to Modernize the H-1B Visa Program

Alston & Bird on

Our Immigration Team breaks down the many changes U.S. Citizenship and Immigration Services (USCIS) is implementing for the H-1B and F-1 visa programs just ahead of a change in Administrations....more

Constangy, Brooks, Smith & Prophete, LLP

DHS issues Final Rule modernizing H-1B program

The U.S. Department of Homeland Security issued its H-1B modernization Final Rule this Wednesday. The rule is intended to improve the H-1B program by providing clarifications to make the program more efficient, improving the...more

Holland & Hart - Employers' Lawyers

DHS Finalizes H-1B Modernization Rule Effective January 17, 2025

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in...more

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more

Jackson Lewis P.C.

H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C. on

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Jackson Lewis P.C.

Proposed Rule to Reform, Modernize H-1B Program

Jackson Lewis P.C. on

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

Jackson Lewis P.C.

DHS to Propose Amending H-1B, F-1 Regulations

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program....more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Tarter Krinsky & Drogin LLP

The Latest Immigration Developments: Temporary Protected Status for Ukraine and H1-B Pre-Registration 2022 Increase

Secretary Of Homeland Security Mayorkas Has Designated Ukraine for Temporary Protected Status for 18 Months, Commencing April 19, 2022 and Concluding on October 19, 2023....more

Gibney Anthony & Flaherty, LLP

Plan Now for H-1B Cap Registration FY 2023

OVERVIEW USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. H-1B CAP FY ‘23...more

Baker Donelson

State of Play in Business and Family Immigration

Baker Donelson on

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Akin Gump Strauss Hauer & Feld LLP

Inside The Immigration Reform Bill's Business Provisions

The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif. The bill is a key element of the president's...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Harris Beach Murtha PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach Murtha PLLC on

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

ArentFox Schiff

USCIS Implements New Fees & Forms & Premium Processing Is Lengthened

ArentFox Schiff on

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more

Tarter Krinsky & Drogin LLP

Major Changes For The Business Community: Department Of Homeland Security Releases Spring Regulatory Agenda

The Department of Homeland Security (DHS) released its Spring 2019 Regulatory Agenda, announcing the agency's priorities and how it plans to continue furthering the current administration's immigration-related goals....more

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