News & Analysis as of

H-1B Immigration Procedures Foreign Nationals

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 -
Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Kramer Levin Naftalis & Frankel LLP

Upcoming Changes to Kramer Levin’s Immigration Tracker System and Results of the FY25 H-1B Lottery

Updates to Kramer Levin’s Immigration Tracker System Two-Factor Authentication for Tracker Beginning on Monday, May 20, 2024, Tracker will require “two-factor authentication” in order to access our immigration system. We are...more

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Dinsmore & Shohl LLP

Smooth Sailing: U.S. Department of State Reports Success with H-1B Visa Renewal Program

Dinsmore & Shohl LLP on

The U.S. Department of State (DOS) reports a smooth start and a lower volume of applications than it anticipated when it launched a pilot program in January of 2024. The initiative allowed individuals whose last H-1B visa was...more

Maynard Nexsen

H-1B Lottery Season – A Refresher on Eligibility Requirements and Employer Obligations

Maynard Nexsen on

The H-1B lottery is fast approaching and set to run from March 6 through 22 this year. Whether this is your company’s first time to participate in the H-1B lottery or you are a seasoned pro, now is the ideal time to evaluate...more

Orrick, Herrington & Sutcliffe LLP

H-1B Lottery to Open on March 6 With Notable Changes

The annual H-1B electronic registration period (often known as the H-1B lottery) for Fiscal Year 2025 will open March 6 and run through 12 p.m. EST March 22. During this period, prospective H-1B employers and their...more

Dunlap Bennett & Ludwig PLLC

The New H-1B Visa Landscape: Opportunities And Changes In 2024

What is an H-1B visa? It may not sound super exciting, but if you are an employer in the tech industry, particularly the high-technology industry, then you know what these are. The H-1B visa is a non-immigrant visa that...more

Kramer Levin Naftalis & Frankel LLP

USCIS Issues Final Rules Increasing Filing Fees and Premium Processing Fees

Recently, USCIS published a final rule increasing certain government filing fees effective April 1, 2024. In addition, it announced a final rule that will increase the premium processing fees effective Feb. 26, 2024....more

Dinsmore & Shohl LLP

Decoding the H-1B CAP Registration: Navigating the Path to Skilled Foreign Talent

Dinsmore & Shohl LLP on

In preparation for H-1B CAP Registration season, the Department of Homeland Security (DHS) has issued a final rule that limits each foreign worker to one entry into the H-1B lottery system. The H-1B Registration process had...more

Tarter Krinsky & Drogin LLP

Dual Announcements From USCIS: Pre-Registration Filing Period For H-1B Petitions & Significant Increase in Filing Fees Goes Into...

On January 30, United States Citizenship and Immigration Services (USCIS) announced that the pre-registration filing period for the 2025 Fiscal Year H-1B cap submissions will take place from March 6, 2024, at noon ET to noon...more

Kramer Levin Naftalis & Frankel LLP

US Citizenship and Immigration Services Announces 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 year 2025 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2025 H-1B Cap Registration

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2025 H-1B cap from March 6, 2024 to March 22, 2024. This year USCIS is implementing...more

Hinshaw & Culbertson - Employment Law...

H-1B Cap Season is Quickly Approaching!

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

Dinsmore & Shohl LLP

Winning Futures? The H-1B “Lottery” Will Open Soon. USCIS Predicts Success.

Dinsmore & Shohl LLP on

Last year, a would-be H-1B nonimmigrant employee had about a 14% chance of their registration being selected in the annual lottery. In response to backlash from U.S. employers following the extraordinary low selection rate...more

Benesch

Department of State to Resume Stateside H-1B Visa Renewal Program

Benesch on

Commencing January 29, 2024, and expected to run through April 1, 2024, DOS will launch a pilot program for certain eligible foreign nationals from Canada and India to renew their H-1B Visas stateside without having to travel...more

Kramer Levin Naftalis & Frankel LLP

Pilot Program To Renew Certain H-1B Visas in the United States Begins on Jan. 29, 2024

In recognition of the hardships associated with visa processing abroad, the U.S. Department of State (DOS) recently announced a pilot program for the domestic visa renewal (“renewal in the U.S.”) for certain H-1B holders....more

ArentFox Schiff

Certain H-1B Employees Can Renew Their Visas Within the United States Under New Pilot Program

ArentFox Schiff on

Most foreign nationals living in the United States in temporary status (not green card holders) can only reenter the United States after international travel if they have a current visa in their passport. Since 2004, those...more

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

Potential H-1B Cap-Exempt Options for Healthcare Employers

As the fiscal year (FY) 2025 H-1B cap season quickly approaches, it is worth remembering that certain employers of healthcare professionals, such as healthcare systems and hospitals, may be eligible for H-1B cap-exemption....more

Dinsmore & Shohl LLP

U.S. Department of State Announces Visa Renewal Pilot Program

Dinsmore & Shohl LLP on

The U.S. Department of State has released details on a proposed pilot program testing the agency’s ability to resume domestic visa renewals for certain nonimmigrant visa categories and to study the effect the program has on...more

Holland & Knight LLP

Domestic H-1B Visa Renewals Start in January 2024

Holland & Knight LLP on

Just in time to spread the holiday cheer, the U.S. Department of State announced that it will open a stateside visa renewal pilot program in January 2024. The program will be limited to a total of 20,000 H-1B visa...more

Fox Rothschild LLP

The Clock Is Ticking: H-1B Cap Season Is Here - Updated December 2023

Fox Rothschild LLP on

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty...more

Cozen O'Connor

H-1B Worker Domestic Visa Renewal Pilot Program

Cozen O'Connor on

The State Department (DOS) recently announced a new pilot program for H-1B visa holders, allowing them to renew their H-1B visa stamps while remaining in the United States. Currently, H-1B visa holders must apply at a U.S....more

206 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide