News & Analysis as of

H-1B Employer Responsibilities

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

Immigration By the Numbers: Key Stats on FY2026 H-1B Cap Lottery and Next Steps

With the first round of the H-1B cap lottery completed in late March, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap registrations and selections. USCIS...more

Holland & Hart LLP

Are You Ready for a Surprise Visit from USCIS? How to Prepare for an Administrative Site Visit

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U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security Directorate (FDNS), regularly conducts unannounced site visits to employers who sponsor foreign workers. If your...more

Gibney Anthony & Flaherty, LLP

June 2025 Visa Bulletin Released: Continued Slow Progression in Many Categories May Impact Employers

The Department of State released the June 2025 Visa Bulletin and USCIS has confirmed they will accept the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes...more

Cozen O'Connor

Employers Advised to Prepare Now for Government Fraud Detection Site Visits

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Employers who employ H-1B, L-1, R-1 foreign nationals, or are pursuing EB-5 immigrant investor program visas should prepare for the likelihood of an unannounced site visit by the government. The USCIS Fraud Detection and...more

Jackson Lewis P.C.

USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next

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USCIS announced on Mar. 31, 2025, that it has completed the initial selection process for H-1B visa cap-subject petitions for fiscal year 2026. The statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000...more

Akerman LLP - HR Defense

Preparing for the FY 2026 H-1B Cap Season

USCIS has announced that registration for this year’s H-1B visa lottery will take place between noon (ET) on March 7, 2025, and noon (ET) on March 24, 2025. With adjustments to fees, the selection process, and filing methods,...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Cozen O'Connor

FY2026 H-1B Lottery Registration Begins

Cozen O'Connor on

On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2026 H-1B Cap Lottery will open at noon Eastern Time (EST) on March 7, 2025, and run through noon...more

Shumaker, Loop & Kendrick, LLP

Client Alert: USCIS Releases Deadlines for H-1B Cap Initial Registration

U.S. Citizenship and Immigration Services (USCIS) updated employers and immigration practitioners regarding important dates for the upcoming H-1B lottery registration. This year, the online registration period for the H-1B...more

Jackson Lewis P.C.

H-1B Cap Update: USCIS Announces FY2026 H-1B Cap Registration Period and Massive Fee Hike

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The H-1B cap season for Fiscal Year 2026 is quickly approaching. USCIS announced on Feb. 5, 2025, that the registration period for FY 2026 will open at noon (EST) on Friday, March 7, 2025, and close at noon (EST) on Monday,...more

Ballard Spahr LLP

Preparing for ICE Visits in Light of Executive Orders

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The Trump administration, through its recent executive orders and public statements, has kept its promise to take swift actions on immigration enforcement. On January 21, 2025, the Trump administration revoked a longstanding...more

Akerman LLP - HR Defense

Best Practices for Employers in Managing USCIS Administrative Onsite Inspections, ICE Raids, and Form I-9 Audits

In today’s increasingly complex immigration enforcement setting, employers face multiple challenges, including unannounced USCIS Administrative site visits (also known as onsite inspections), U.S. Immigration and Customs...more

Moore & Van Allen PLLC

Immigration Update: H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Warner Norcross + Judd

2025 H-1B Season is Here: Key Deadlines and Reporting Obligations for Employers

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The 2025 H-1B cap season is fast approaching, making it essential to prepare for this highly competitive process. The H-1B visa program allows U.S. employers to hire foreign professionals in specialty occupations, and demand...more

ArentFox Schiff

Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

ArentFox Schiff on

Many F-1 OPT foreign nationals have been approved for H-1B status effective October 1st in this year’s H-1B lottery Employers and F-1 workers should be careful during the transition from F-1 to H-1B status to ensure they...more

Gibney Anthony & Flaherty, LLP

USCIS Selects Additional  FY 2022 H-1B Cap Registrations: What Employers and Foreign Nationals Need to Know

USCIS conducted a second lottery for the fiscal year (FY) 2022 H-1B cap on July 28, 2021 and has notified employers that additional registrations have been selected. Employers with selected registrations from the second...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

Davis Wright Tremaine LLP

DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes

Courts again have thwarted the Trump Administration's efforts to change H-1B rules and to increase the required wages that U.S. employers must pay to foreign workers. On December 1 and 3, 2020, a federal court order in...more

Epstein Becker & Green

#WorkforceWednesday: NY Travel Advisory Changes, CA’s COVID-19 Exposure Notice, Executive Order Reversals - Employment Law This...

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Welcome to #WorkforceWednesday. We look at how workplace guidance is changing as COVID-19 surges and the executive orders most likely to be reversed by the new administration. New York Revises COVID-19 Travel Advisory New...more

Arnall Golden Gregory LLP

Compliance News Flash - November 2020 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Cozen O'Connor

Immigration COVID-19 FAQ

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I have an appointment at the local USCIS office. What should I do? All USCIS offices have been closed to the public at least until June 4, 2020. USCIS is preparing to reopen its offices on or after June 4, 2020. USCIS will...more

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

H-1B Considerations in Context: COVID-19, Remote Work, Office Closures, Furloughs, and Layoffs

Employers are facing numerous issues in light of the novel coronavirus (COVID-19) pandemic, including remote work, temporary office closures, furloughs, and layoffs. These issues may have particular implications for U.S....more

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

Beltway Buzz - March 2020 #2

COVID-19 Update. Set forth below is a quick roundup of policy developments and implications concerning the COVID-19 virus. ...more

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