News & Analysis as of

H-1B Immigration Procedures Final Rules

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 -
Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

Dickinson Wright on

The Final Rule published by United States Citizenship and Immigration Services (USCIS) adjusting certain immigration and naturalization benefit request fees went into effect on April 1, 2024. This Final Rule included the...more

Miller Canfield

Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

Miller Canfield on

Employers with candidates who require initial H-1B employment authorization should plan to submit a registration for those candidates when the H-1B electronic registration period opens on March 6, 2024. The electronic...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Holland & Knight LLP

USCIS Takes First Step Toward Modernization of the H-1B Program

Holland & Knight LLP on

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more

Miller Canfield

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

Miller Canfield on

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

Holland & Hart - Employers' Lawyers

Immigration Alert: USCIS Announces H-1B Cap Registration Dates and Significant Fee Increases

United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and...more

Lippes Mathias LLP

Higher USCIS Filing Fees Could Be Coming Very Soon

Lippes Mathias LLP on

Last January I posted about "An Unwelcome Update to Start 2023: USCIS Proposing Rule to Raise Filing Fees; Set Specific Filing Fees for Different Types of I-129 Filings". That unwelcome proposal to start 2023 may become an...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

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

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

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

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...more

WilmerHale

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

WilmerHale on

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Littler

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

Littler on

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

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

Biden Administration Business Immigration Changes: What to Expect for Employers

On January 20, 2021, President Joseph R. Biden Jr. demonstrated he will pursue a broad immigration reform agenda. The new administration has proposed comprehensive legislation to Congress that aims to create a path to...more

Dunlap Bennett & Ludwig PLLC

Sweeping Change to the H-1B Visa Program

The Department of Homeland Security (DHS) has published its controversial regulation to end the H-1B visa lottery as a “final rule”, leaving it to the Biden administration or a lawsuit to stop a significant change in U.S....more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

Gibney Anthony & Flaherty, LLP

USCIS Publishes Rule Prioritizing H-1B Cap Selection for High-Wage Earners

U.S. Citizenship and Immigration Services (USCIS) today published a final rule modifying the annual H-1B cap selection process to favor high-wage earners. The rule is set to take effect March 9, 2021, in time for the Fiscal...more

Jackson Lewis P.C.

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

Jackson Lewis P.C. on

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration...more

Fisher Phillips

USCIS To Increase Filing Fees While The Latest Executive Order Demands H-1B Compliance

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In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers. Fee Increases - On July 31, the Department...more

Gibney Anthony & Flaherty, LLP

DHS Finalizes H-1B Cap Registration Fee

The U.S. Department of Homeland Security published a final rule that will require employers to pay a $10 non-refundable fee for each H-1B cap registration submitted, once the electronic registration system is implemented....more

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

DHS Finalizes H-1B Registration Fee for FY 2021 Cap Season

The U.S. Department of Homeland Security (DHS) has finalized plans to charge employers a $10 registration fee for each H-1B petition they submit for registration in the agency’s new electronic H-1B registration system. The...more

Shumaker, Loop & Kendrick, LLP

Changes to the H-1B Program Are Coming

On January 31, 2019, the Department of Homeland Security announced two major changes to the H-1B program. Under the final rule, which takes effect April 1, 2019, employers seeking to file H-1B petitions will now be required...more

Seyfarth Shaw LLP

Department Of Homeland Security Publishes Final Rule Regarding H-1B Pre-Registration Process

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings. ...more

Polsinelli

H-1B Regulatory Changes Scheduled to be Effective April 1, 2019/ Confirmed Delay in Changes to H-1B Cap Pre-Registration Process

Polsinelli on

The Department of Homeland Security has announced that the proposed regulations making fundamental changes to the H-1B cap-selection process have been finalized and will be published in the Federal Register on January 31,...more

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

U.S. Government Delays Revisions to H-4 Employment Authorization Regulations

The Trump administration’s plans to end the ability of spouses of H-1B visa holders to be granted work authorization now appear to be on a slower track than originally anticipated. Removing eligibility for work authorization...more

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