News & Analysis as of

H-1B Electronic Filing 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 -
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

Vedder Price

The New H-1B Cap Registration Process: How It's Going to Look

Vedder Price on

The Department of Homeland Security (DHS) has established a mandatory Internet-based electronic registration process for employers seeking to file H-1B petitions for beneficiaries that may be counted under the regular cap or...more

Laner Muchin, Ltd.

USCIS Proposes Additional Changes To The H-1B CAP Process

Laner Muchin, Ltd. on

Earlier this year, on January 31, 2019, the U.S. Department of Homeland Security (DHS) amended its H-1B regulations governing petitions filed under the H-1B CAP visa lottery, to now require employers filing H-1B CAP petitions...more

Foley & Lardner LLP

DHS Moves Closer to Launching its H-1B Cap Registration System

Foley & Lardner LLP on

The Department of Homeland Security recently moved closer to launching its new electronic registration system for allocating the H-1B cap, which is the annual limit on certain types of new H-1B cases. DHS often receives more...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Spring Regulatory Agenda Projects Changes to H-1B Visas, the Rescission of H-4 Work Authorization, Increased Fees, and More

The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...more

Akin Gump Strauss Hauer & Feld LLP

DHS Finalizes Changes to H-1B Lottery, but Delays New H-1B Prefiling Registration System Till 2020

• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019. • DHS will reverse the order of the H-1B lottery...more

Burr & Forman

DHS Issues Final H-1B Lottery Rule

Burr & Forman on

In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more

Fisher Phillips

Government Unveils Details For 2019 H-1B Lottery - A 5-Step Plan To Successfully Navigate This Year’s Lottery

Fisher Phillips on

The federal government just published its final rule amending the regulations that will govern petitions filed under the H-1B work visa lottery. Although the final rule is effective April 1, 2019, the Department of Homeland...more

Proskauer Rose LLP

Final Rule for H-1B Cap Published – Effective April 1, 2019

Proskauer Rose LLP on

On January 30, 2019, the United States Department of Homeland Security (DHS) announced a final rule to amend the H-1B lottery process. The rule creates an electronic registration process for the H-1B Cap lottery and changes...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New H-1B Prefiling Registration System and Changes to H-1B Lottery

• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period. • DHS proposes to use a computer-generated process to select a...more

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