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H-1B New Regulations

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 -
Cozen O'Connor

FY2026 H-1B Lottery Has Been Completed and Registrants Notified of Selection

Cozen O'Connor on

U.S. Citizenship and Immigration Services (USCIS) has completed the Fiscal Year 2026 (FY26) H-1B lottery for both regular H-1B cap beneficiaries, as well as advanced degree (master’s) cap beneficiaries. Those registrants who...more

Jackson Lewis P.C.

What’s Changing to H-1B Cap Gap for F-1 Students?

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more

Seyfarth Shaw LLP

Breaking Down the State Department’s New Visa Interview Waiver Limits

Seyfarth Shaw LLP on

Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented...more

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more

Tarter Krinsky & Drogin LLP

Effective January 17, 2025 - Final H-1B Regulations will Significantly Change the H-1B Program

The need for a modernization of the H-1B Program has been in the pipeline and in discussion throughout the Biden years, but only in the waning days of the administration did the Department of Homeland Security (DHS) issue...more

Mayer Brown

H-1B Modernization: Biden’s Final Move, Trump’s First Challenge?

Mayer Brown on

The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H‑1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

WilmerHale

Federal Court Blocks Trump Administration's H-1B Visa Rules

WilmerHale on

Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...more

Foley & Lardner LLP

U.S. Companies Must Prepare to Pay Higher Wages for Specialty Occupation Foreign Workers

Foley & Lardner LLP on

On October 8, 2020, the U.S. Department of Labor (DOL) published the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”interim final rule, amending the existing...more

Harris Beach Murtha PLLC

New Regulation Significantly Increases Prevailing Wage Requirements for H-1B and Green Card Petition...For Now

Harris Beach Murtha PLLC on

On Oct. 8, 2020, the U.S. Department of Labor published a new regulation that significantly raises the required prevailing wage which must be paid to foreign workers in connection with H-1B, H-1B1, and E-3 nonimmigrant visa...more

Proskauer Rose LLP

If You Want an H-1, H1B1 or E3 Worker, Or to Sponsor an Applicant for a Green Card it Might Cost You More: New DOL Regulation

Proskauer Rose LLP on

With virtually no warning and effective immediately upon publication, as of October 8, 2020, the Department of Labor promulgated a regulation which, in effect, dramatically increases the wage that must be offered by any...more

Perkins Coie

Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

Perkins Coie on

The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more

Holland & Hart - Employers' Lawyers

New Regulations Narrow Eligible H-1B Occupations and Increase Required Wages for H-1B Workers

In the last few months, it has been difficult for employers and immigration attorneys to keep up with the flurry of changes released by the Trump Administration, including the suspension on the issuance of H-1B visas at U.S....more

Burr & Forman

H-1B Registration Developments

Burr & Forman on

It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more

Burr & Forman

H-1B Lottery Changes Officially Coming in 2020

Burr & Forman on

As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more

Vedder Price

The New H-1B Cap Registration Process: How It's Going to Look

Vedder Price on

The Department of Homeland Security (DHS) has established a mandatory Internet-based electronic registration process for employers seeking to file H-1B petitions for beneficiaries that may be counted under the regular cap or...more

Herbert Smith Freehills Kramer

Congress Considering Bills to Radically Change Distribution of Employment-Based Green Cards

Earlier this month the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 1044), an act that would radically change the way employment-based immigrant visas are allocated by eliminating...more

Miller Canfield

USCIS Outlines Tougher Requirements for Third-Party Placement for H-1B Workers

Miller Canfield on

Reporting requirements for employers increased this week with regard to third-party placement of H-1B foreign workers. Previously, United States Citizenship and Immigration Services (USCIS) required H-1B employers to provide...more

Jackson Lewis P.C.

International Entrepreneur Rule from DHS Encourages Start-Ups

Jackson Lewis P.C. on

In six months, on July 17, 2017, the Department of Homeland Security’s final rule to improve the nation’s economy by making it possible for certain promising start-up founders/entrepreneurs to begin growing their companies in...more

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