News & Analysis as of

H-1B Highly-Skilled Workers Visa

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 -

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of Oct. 1, 2018....more

Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected...

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines. White House Immigration Meeting Ends in Vulgarity - On Thursday, Congressional Democrats...more

USCIS Clarifies Position on AC21 H-1B Extensions

by Moore & Van Allen PLLC on

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Are You Ready For H-1B Cap Season?

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who require...more

Rumored Changes To The H Visa Category

by Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

What You Should Know About the Fairness for High-Skilled Immigrants Act of 2017

by Ronald Shapiro on

The Fairness for High-Skilled Immigrants Act of 2017, also known as H.R. 392, would remove the per-country cap for employment-based visas and help eliminate the extensive backlog that immigrants from countries like China and...more

Time to Plan for Fiscal Year 2019 H-1B Cap Season

by Miller Canfield on

H-1B petitions subject to the Fiscal Year 2019 cap (FY 2019) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2018. As April 1 falls on a Sunday in 2018, employers...more

Possible Changes to H-1B Extension Rules and Their Potential Implications

by Littler on

According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more

New Year’s Resolution: Overcoming H-1B RFEs in 2018

by Miles & Stockbridge P.C. on

As mentioned in our last blog post, H-1B petitions filed during 2017 were subjected to a dramatic and unprecedented increase in scrutiny by the U.S. Citizenship and Immigration Service (“USCIS”). As a result, thousands of...more

DHS Releases Regulatory Agenda for 2018 - Major Changes Possible for H-1B, H-4, and F-1 Visa Holders

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American. ...more

Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

by Wilson Elser on

The U.S. Department of Homeland Security has promulgated a regulation affecting highly skilled foreign workers when they lose their jobs. The stated purpose of the regulation is to improve the ability of U.S. employers to...more

Immigration Weekly Round-Up: Immigration Arrests Rise, Senate Bill Ties DACA to Increased Border Enforcement, and Higher Scrutiny...

Immigration Arrests Increase While Deportations Decrease - On Tuesday, December 5, the Department of Homeland Security (DHS) released their year-end immigration enforcement numbers. Immigrations and Customs Enforcement...more

'Tis the season...to prepare for H-1B filing

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any...more

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

Protect and Grow American Jobs Act: New H-1B Bill Targeted at Dependent Employers

by Foley Hoag LLP on

On November 15, 2017, the House Judiciary Committee approved The Protect and Grow American Jobs Act (H.R. 170), which primarily affects “H-1B dependent” employers. The bill revises the definition of a dependent H-1B employer...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2019 on April 2, 2018

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2019 (FY 2019) starting April 2, 2018. Because April 1, 2018 falls on a Sunday, USCIS will accept...more

What’s New in Immigration Law?

by Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Are You Prepared? Recent U.S Immigration Law Changes that Will Impact Your Business

by BakerHostetler on

After some earlier versions that encountered significant resistance and judicial challenge, President Donald Trump issued a Proclamation on Sept. 24 that restricts travel to the United States by nationals of eight countries –...more

US Resumes Premium Processing for H1-B Visas

by Ronald Shapiro on

After premium processing of H-1B visas was temporarily suspended because of a large number of applications for work visas, the US is now resuming it. The H-1B visa is a work visa intended to allow companies in the US to...more

Business Immigration Update: October H-1B Reminders, Information on Employment-Based I-485 Interviews and Trump Administration...

by Faegre Baker Daniels on

October brings seasonal reminders for employees who are starting employment pursuant to H-1B status as well as some current changes to employment-based permanent resident applicants. In addition, the White House has issued...more

Premium Processing Resumed for all H-1B Petitions

by Moore & Van Allen PLLC on

USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions. Over the past few months, USCIS has progressively re-opened premium...more

USCIS Reinstates Premium Processing For ALL H-1B Petitions

by Fox Rothschild LLP on

On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting premium processing requests for all categories of H-1B petitions. In March 2017, USCIS had suspended the premium...more

Premium Processing Resumes for All H-1B Petitions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for all H-1B petitions....more

USCIS Announces Sweeping Changes To Policies Involving In-Person Interviews, H-1B Premium Processing, Employment Authorization And...

On September 28, 2017, the Office of the Citizenship and Immigration Services (CIS) Ombudsman hosted a stakeholder call that offered more details about the new personal interview requirements for employment-based adjustment...more

USCIS Has Resumed Premium Processing For All H-1B Petitions

The U.S. Citizenship and Immigration Services has resumed premium processing for all H-1B petitions as of yesterday, October 3. Premium processing is a service offered by the USCIS in which certain types of petitions will...more

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