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H-1B Final Rules Compliance

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 -
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

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

Shumaker, Loop & Kendrick, LLP

Client Alert: DHS Issues Final Rule on H-1B Modernization Effective January 17, 2025

Some exciting new changes are happening for the H-1B visa program starting January 17, 2025. United States Citizenship and Immigration Services (USCIS) has published a final rule implementing significant changes to the H-1B...more

Buchalter

What The H-1B Modernization Rule Means For Employers And Employees

Buchalter on

The U.S. Department of Homeland Security (USDHS) published a final rule regarding significant changes to the H-1 B program in the Federal Register on December 17, 2024. This article examines these changes and ends with...more

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