News & Analysis as of

H-1B Immigration

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

Tarter Krinsky & Drogin LLP

Lottery Results of H-1B Selections Available on myUSCIS.gov

USCIS (U.S. Citizenship and Immigration Services) announced on March 31, 2025, that the agency has completed selections regarding the regular and advanced degree selections in its annual H-1B Lottery. The H-1B cap of 85,000...more

Womble Bond Dickinson

Executive Order: One Voice for America’s Foreign Relations

Womble Bond Dickinson on

On February 12, President Donald Trump announced an executive order indicating to consular officers and foreign officers that “failure to faithfully implement the President’s policy is grounds for professional discipline,...more

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

Beltway Buzz - January 2025 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Mintz - Immigration Viewpoints

Nonimmigrant Travel to the US: Understanding Travel & Status Documents

There are typically four key documents relating to nonimmigrant (i.e., temporary) travel to and authorized stay in the United States. It is important to understand what these documents are, what purpose they serve, and how...more

Alston & Bird

The New H-1B Rule Published Wednesday Aims to Modernize the H-1B Visa Program

Alston & Bird on

Our Immigration Team breaks down the many changes U.S. Citizenship and Immigration Services (USCIS) is implementing for the H-1B and F-1 visa programs just ahead of a change in Administrations....more

Stinson LLP

Trump's First 100 Days: Labor, Immigration, Employment & Employee Benefits

Stinson LLP on

President-elect Trump is expected to put forth his own nominee for Chair of the National Labor Relations Board (NLRB), swiftly replace General Counsel Jennifer Abruzzo and take aim at many Biden-era labor decisions. This will...more

Jackson Lewis P.C.

DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals

Jackson Lewis P.C. on

The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on...more

Holland & Hart - Employers' Lawyers

New Rule Permanently Extends the Automatic EAD Extension Period to 540 Days

The Department of Homeland Security (DHS) is finalizing a critical regulatory change to permanently increase the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days for certain...more

Lippes Mathias LLP

H1-B Work Permit Alternatives

Lippes Mathias LLP on

The H-1B is a work permit classification for those who work in Specialty Occupations, which are occupations for which specific university degrees, or related degrees, are required. These are very well-used by foreign students...more

Guidepost Solutions LLC

Trump’s Impact on Employment Visas: What Employers Should Expect

Guidepost Solutions LLC on

As a new presidential administration takes office, the future of employment-based visa policies is once again in the spotlight. While campaign promises have centered on border security and addressing unauthorized immigration,...more

Harris Beach Murtha PLLC

A Glimpse into the Trump 2.0 Business Immigration Landscape

Harris Beach Murtha PLLC on

Share It is pretty clear what President-elect Donald Trump intends to do regarding border enforcement, honoring his pledge to launch the largest domestic deportation operation in U.S. history, but little has been reported on...more

Nilan Johnson Lewis PA

REMINDER: USCIS Changed its Premium Processing of Certain Immigration Petitions to 15 Business Days (instead of Calendar Days)

Nilan Johnson Lewis PA on

On April 1, 2024, pursuant a final DHS rule, the immigration agency USCIS changed its premium processing time for certain immigration petitions from 15 calendar days to 15 business days. This is the same rule that increased...more

Sheppard Mullin Richter & Hampton LLP

Having Trouble Recruiting Physicians? The Conrad 30 Window is Opening Soon

The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a...more

Littler

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler on

In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more

Stevens & Lee

U.S. Embassy in Lisbon Will Now Accept E-1/E-2 Visa Applications for Portuguese Nationals

Stevens & Lee on

The United States Embassy in Lisbon, Portugal has just announced its readiness to accept E-1 Treaty Trader and E-2 Treaty Investor visa applications. This comes after the December 2022 passage of the James N. Inhofe National...more

Adams & Reese

Navigating Immigration Challenges in Corporate Mergers and Acquisitions

Adams & Reese on

In the intricate processes of mergers and acquisitions, the focus often lands squarely on financials, asset management, and strategic alignments. However, an equally crucial aspect that demands attention is the impact of...more

Foley Hoag LLP

Department of State Announces Domestic Visa Renewal Pilot for Certain H-1B Visa Applicants

Foley Hoag LLP on

On December 21, 2023, the State Department announced a pilot program to resume domestic visa renewals for certain qualified H-1B nonimmigrant visa applicants. For the last 20 years, H-1B visa holders have been required to...more

Gibney Anthony & Flaherty, LLP

Stateside Visa Renewal to Begin January 29, 2024

As anticipated, on December 21, 2023, the Department of State (DOS) published the Federal Register notice announcing its stateside visa renewal pilot program for H-1B visa holders. The notice outlines the program requirements...more

Gibney Anthony & Flaherty, LLP

Stateside H-1B Visa Renewal Moves Closer to Implementation

The Office of Information and Regulatory Affairs (OIRA) cleared a rule that will allow limited stateside H-1B visa renewal. As previously reported, the proposed pilot program will allow 20,000 eligible participants,...more

Legal Internet Solutions Inc.

Behind the Bio | Beth Henderson, Immigration Advocate

Hello, listeners. Welcome back to Behind the Bio, where two lawyers talk about turning points in unusual careers. Today I spoke with Beth Henderson, pro bono director for Microsoft. We talked about starting out as an...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Harris Beach Murtha PLLC

Health Care Providers Turn to Immigration to Address Nursing Shortage

While the peak of the COVID pandemic may be behind us, the United States health care industry continues to deal with unprecedented staffing shortages, particularly when it comes to nurses. Even a cursory Google search brings...more

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