News & Analysis as of

H-1B Hiring & Firing Visa Caps

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 -
Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

USCIS Announces Second H-1B Lottery for FY 2025: 4 Points for Employers

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Federal immigration officials just announced yesterday that they are gearing up to conduct a second round of H-1B selections to ensure all slots for the FY 2025 cap are filled. If you receive new selections, you will be...more

Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

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Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Seyfarth Shaw LLP

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

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For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain...more

Seyfarth Shaw LLP

H-1B Cap Rule – Did it Work?

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As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took...more

Mayer Brown

United States: Important Updates for Employers Regarding the H1-B Visa Lottery for Professional Employees (Open From March 6 - 22,...

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To retain the best global talent, many US employers leverage the annual H-1B visa lottery to secure work authorization for new employees. It allows employers to temporarily employ foreign workers in occupations that require a...more

Akerman LLP - HR Defense

USCIS Launches New Organizational Accounts Platform to Facilitate the H-1B Lottery Registration Process

The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate...more

Shumaker, Loop & Kendrick, LLP

Client Alert: USCIS Finally Publishes the Dates for the New Fiscal Year’s H-1B lottery

U.S. Citizenship and Immigration Services (USCIS) recently updated employers and immigration practitioners regarding important dates to keep in mind regarding the upcoming H-1B registration for the upcoming H-1B lottery. This...more

Littler

USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

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USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to...more

Burr & Forman

Ready, Set, Go . . . H-1B FY2025 Lottery Registration Dates Announced with Process Changes

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Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more

Seyfarth Shaw LLP

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

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Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

Miller Canfield

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

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The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

Troutman Pepper

The Annual H-1B Cap Lottery: An Overview

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Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a...more

Burr & Forman

Fiscal Year 2024 H-1B Lottery Limits Reached

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United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are available for positions...more

Mitratech Holdings, Inc

[Webinar] Preparing for the H-1B Lottery: What We Know & Tips for Success - December 20th, 12:00 pm CT

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The H-1B Visa 2024 filing season is right around the corner. Are you prepared? This expert webinar will ensure you’re ready. H-1B season is upon us, and with only a few short months left to file, now is a crucial time to...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

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Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Moore & Van Allen PLLC

H-1B Cap Season – Time to Start Preparing

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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

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

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On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

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On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Dentons

H-1B Visa Eligibility and Registration

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H-1B status is reserved for professionals with a bachelors or higher degree or foreign equivalent performing a job that requires a degree in a specific field (a “specialty occupation”). ...more

Burr & Forman

FY2024 H-1B Cap Registration Period to Open March 1st, 2023

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USCIS recently announced the annual registration period for the FY2024 H-1B cap will open at noon (ET) on March 1, 2023, and remain open until noon (ET) on March 17, 2023. Registration is an annual electronic process through...more

Adams and Reese LLP

[Webinar] H-1B Visas: An Employer’s Guide to Hiring Temporary Specialty Occupation Workers - February 15th, 12:00 pm - 1:00 pm CST

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Litigator Mary Kate Fernandez will present a one-hour CLE regarding the upcoming changes to the H-1B visa and how those changes will affect the sponsorship process. The H-1B visa is a valuable tool for US employers looking...more

Akerman LLP - HR Defense

The H-1B Lottery Registration Period is Approaching!

Employers interested in hiring foreign nationals in specialty occupations should seriously consider registering for the H-1B lottery, which is quickly approaching. Last month, the U.S. Citizenship & Immigration Services...more

Stinson LLP

FY2024 H-1B Lottery Details Announced

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On January 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2024 H-1B lottery will open on March 1, 2023 at noon EST and close on March 17,...more

Littler

H-1B Cap Season is Here Again

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On January 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Fiscal Year 2024 will open at noon on March 1, 2023 and will close at noon on March 17, 2023, both Eastern...more

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