News & Analysis as of

H-1B Department of Homeland Security (DHS) Immigrants

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 -
Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Morgan Lewis

DHS Proposes ‘Modernizing’ H-1B Specialty Occupation Worker Program

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The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. The proposed rule seeks to improve the...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

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

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...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

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

Dunlap Bennett & Ludwig PLLC

An overview of the H-1B visa application process

The H-1B visa allows employers to hire foreign professionals in certain specialty occupations to work in the United States temporarily. Typically, these workers are highly technically skilled persons with at least a...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Littler

DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and...

Littler on

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its...more

Tarter Krinsky & Drogin LLP

Significant Changes For Employment Authorization Capability For H-4 and L-2 Spouses Result From Federal Court Lawsuit and...

U.S. Citizenship and Immigration Services (USCIS) is expected to release new guidelines for employment authorization which will affect H-4 and L-2 spouses resulting from a settlement agreement reached in a federal court...more

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Nilan Johnson Lewis PA on

Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...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

Robinson+Cole Manufacturing Law Blog

Manufacturers Fighting Disruptive Immigration Reform

The National Association of Manufacturers (NAM), along with several prominent business organizations, filed a lawsuit in federal court to stop the Department of Homeland Security’s (DHS) regulations governing the H-1B...more

Morgan Lewis

Immigration Developments: USCIS and Visa Updates

Morgan Lewis on

This alert summarizes a number of important developments affecting business immigration that occurred last week, including a number of federal court decisions enjoining certain presidential and regulatory actions, as well as...more

Tarter Krinsky & Drogin LLP

New Executive Order Extends Travel Ban For Certain Visas

An executive order further limiting entry for nonimmigrant workers in H-1B, H-2B, L-1 and J-1 status (and their dependents) will take effect on June 24, 2020, at 12:01 am and will remain in effect through December 31, 2020. ...more

Womble Bond Dickinson

Presidential Proclamation Limits Nonimmigrant Entry, Extends Immigrant Restrictions

Womble Bond Dickinson on

At 11:01 am Eastern on Wednesday, June 24, 2020, the United States will suspend entry of certain nonimmigrants pursuant to Presidential Proclamation. The suspension will last until December 31, 2020, but may be continued or...more

Holland & Hart LLP

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

Akin Gump Strauss Hauer & Feld LLP

H-1B Lottery to Take Place a Month Earlier This Year

- New DHS regulation mandates use of an electronic H-1B registration system. - Registration system will be open for only 20 days. - Employers who win H-1B lottery but then do not file H-1B petitions may be penalized....more

Harris Beach PLLC

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

Harris Beach PLLC on

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more

Fox Rothschild LLP

H-1B Electronic Registration Process For Next Fiscal Year Cap Season Will Open 03/01/20

Fox Rothschild LLP on

From the Public Engagement Division of USCIS: U.S. Citizenship and Immigration Services announced on 12/6/19 the requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced...more

Ballard Spahr LLP

Department of Homeland Security Establishes New H-1B Electronic Registration Process for Employers

Ballard Spahr LLP on

The Department of Homeland Security (DHS) and its U.S. Citizenship and Immigration Services (USCIS) announced on December 6 that it is implementing an electronic registration process in the next H-1B lottery. ...more

Akin Gump Strauss Hauer & Feld LLP

What's New in Washington - November 2019

Congress returns to Washington this week after the Thanksgiving recess to find a feast of leftover legislative items still on the table. Congress has a limited number of days remaining on the 2019 legislative calendar to...more

Jackson Lewis P.C.

H, L Visas On DHS Regulatory Agenda

Jackson Lewis P.C. on

According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers. Over the past few years, DHS has changed the way it...more

Tarter Krinsky & Drogin LLP

Significant Changes In Store For H-1B Filings In 2020

New regulations proposed by the Department of Homeland Security (DHS) are slated to take effect for the 2021 H-1B cap filing period, which starts on April 1, 2020. Proposed in January 2019, the new regulations mandate that...more

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