News & Analysis as of

H-1B Foreign Workers Employment Authorization Documents (EAD)

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 -
Davis Wright Tremaine LLP

H-1B Cap Lottery Season Commences on March 7, 2025

Employers seeking to hire foreign professionals in H-1B status need to prepare for the registration process. The annual lottery season commences in early March, and the short filing period lasts little more than two weeks....more

Ice Miller

DHS Instructs Employers After It Modifies TPS Designation for Haiti

Ice Miller on

The Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to designate a foreign state for Temporary Protected Status (TPS), which is a temporary immigration benefit, and...more

Potomac Law Group, PLLC

H-1B Lottery: Registration Information

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and the lottery system is used by U.S. Citizenship & Immigration Services (USCIS) to manage the limited number of...more

Rivkin Radler LLP

H-1B Registration Opens in 2 Weeks

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Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for...more

Seyfarth Shaw LLP

Breaking Down the State Department’s New Visa Interview Waiver Limits

Seyfarth Shaw LLP on

Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented...more

Baker Donelson

H-1B CAP Alert – Key Dates for This Year's H-1B Registration Process

Baker Donelson on

It's that time of year again: H-1B CAP season! The U.S. Citizenship and Immigration Services (USCIS) initial registration period for H-1B CAP will open at 12:00 p.m. ET, on March 7, 2025, and run through 12:00 p.m. ET, on...more

Tonkon Torp LLP

FY2026 H-1B Cap Registration: What You Need to Know

Tonkon Torp LLP on

H-1B Registrations for the FY2026 cap season will open at noon ET on March 7, 2025, and run through noon ET on March 24, 2025. The USCIS filing fee is $215 per registration this year (a significant increase from $10)....more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

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

Kramer Levin Naftalis & Frankel LLP

U.S. Citizenship and Immigration Services Announces FY 2026 H-1B Cap Registration Period

U.S. Citizenship and Immigration Services Announces FY 2026 H-1B Cap Registration Period U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal...more

Lippes Mathias LLP

Working, Travelling While Adjusting Status in the United States

Lippes Mathias LLP on

Adjustment of Status (AOS) has a very specific definition in the United States. It is defined as the process whereby someone goes from a temporary nonimmigrant status to a Lawful Permanent Resident without obtaining a visa...more

Hinshaw & Culbertson - Employment Law...

How Employers Should Prepare for H-1B Employment Pre-Registration in March 2025

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization, and gather the...more

Vorys, Sater, Seymour and Pease LLP

Changes to Immigration Enforcement Policies Impact Employers

Through a series of executive orders and agency actions since taking office on January 20, 2025, the second Trump Administration has implemented drastic changes to immigration enforcement that are increasing incidents of...more

Ballard Spahr LLP

Preparing for ICE Visits in Light of Executive Orders

Ballard Spahr LLP on

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

Jackson Lewis P.C.

President Trump’s Immigration-Related Executive Orders: Potential Impact on Employers

Jackson Lewis P.C. on

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has...more

Ballard Spahr LLP

Navigating the H-1B Cap Season for FY 2026

Ballard Spahr LLP on

As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an...more

Tarter Krinsky & Drogin LLP

H-1B Cap Pre-Registration Period Begins in March 2025 with Increased Processing Fees

This year’s H-1B Pre-Registration Filing Period is expected to run from early to mid-March 2025. U.S. Citizenship and Immigration Services (USCIS) will announce the registration dates in the coming weeks. One significant...more

Morgan Lewis

Employers: Start Preparing for the Fiscal Year 2026 H-1B Filing Season

Morgan Lewis on

Each January, US Citizenship and Immigration Services releases dates for the H-1B cap registration processes, with registration typically opening in early March. While awaiting USCIS’s announcement detailing this year’s...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

Quarles & Brady LLP

The Top Five Areas of Business Immigration Likely to be Impacted by and How to Prepare for the Second Trump Administration

Quarles & Brady LLP on

This article summarizes key take-aways from our December 3, 2024 webinar titled Business Immigration – What to Expect Under a Second Trump Administration. We focused on what the first Trump Administration proposed or enacted,...more

Troutman Pepper Locke

Top 5 Anticipated Changes to the Immigration Landscape During Trump's New Term

Troutman Pepper Locke on

President Donald Trump's return to the Oval Office is expected to reshape U.S. policies related to immigration. Many of those changes will impact U.S. employers, even those without employees on work visas. Here are the top...more

Morgan Lewis

DHS Issues Final Rules on H-1B Petitions and EAD Applications, Effective Mid-January

Morgan Lewis on

In two consecutive weeks, the US Department of Homeland Security issued final rules that will impact the H-1B specialty occupation worker program and employment authorization documents. These rules will take effect just...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Warner Norcross + Judd

Planning for the Future: Lessons from President-elect Donald Trump’s First Term on Immigration and What Employers Can Do to...

Warner Norcross + Judd on

As employers of foreign national talent prepare for the return of President-elect Donald Trump to the White House in 2025, understanding the key immigration takeaways from his first presidency is more important than ever....more

Jackson Lewis P.C.

How Employers Can Prepare for End of Bundled Processing of Work Authorizations for H and L Dependents

Jackson Lewis P.C. on

In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and...more

Mayer Brown

Mergers & Acquisitions: When Two Companies Tie the Knot, Who's Responsible for the Visas?

Mayer Brown on

At A Glance - When an organization undergoes a major corporate change, such as a merger or acquisition, there may be immigration consequences for both the organization and foreign workers, depending on the nature of the...more

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