News & Analysis as of

H-1B Non-Immigrant Visas

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 -
Holland & Knight LLP

Not Selected in the H-1B Cap Lottery? There Are Other Immigration Options to Consider

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it completed its annual H-1B cap lottery selection process for fiscal year (FY) 2026. Given the high number of lottery registrations and fixed number of...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

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Ice Miller

DHS Instructs Employers After It Modifies TPS Designation for Haiti

Ice Miller on

The Immigration and Nationality Act (INA) authorizes the Secretary of the Department of Homeland Security (DHS) to designate a foreign state for Temporary Protected Status (TPS), which is a temporary immigration benefit, and...more

Parker Poe Adams & Bernstein LLP

H-1B Cap Starts Initial Registration Period on March 7

The 2025 H-1B cap registration period will begin at 12 p.m. Eastern time on March 7, 2025, and will conclude at 12 p.m. Eastern on March 24, 2025. Prospective petitioners are required to register each beneficiary online and...more

Jackson Lewis P.C.

U.S. Visa Dropbox Eligibility Reverts to Pre-COVID Standard, More Applicants Will Need In-Person Interviews

Jackson Lewis P.C. on

The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments. Effective immediately, dropbox eligibility is limited to...more

Moore & Van Allen PLLC

FAQs: Trump 2.0 Immigration Policies

Moore & Van Allen PLLC on

GENERAL - What are the current Executive Orders on immigration? On its first day in office, the Trump administration published 46 executive orders dealing with a broad range of issues, several of which were aimed...more

Tonkon Torp LLP

FY2026 H-1B Cap Registration: What You Need to Know

Tonkon Torp LLP on

H-1B Registrations for the FY2026 cap season will open at noon ET on March 7, 2025, and run through noon ET on March 24, 2025. The USCIS filing fee is $215 per registration this year (a significant increase from $10)....more

Vedder Price

USCIS Announces Cap H-1B Registration Dates & Changes to Program

Vedder Price on

It is that time of year again! The registration window for the fiscal year 2026 cap H-1B season will open at noon Eastern on March 7, 2025, and run through noon Eastern on March 24, 2025. During the registration period,...more

Maynard Nexsen

Trump 2.0 Executive Orders that Impact Employment-Based Visas

Maynard Nexsen on

On January 20, 2025, President Trump issued a series of executive orders that imposed significant reforms to the immigration system, many of which may or will have an impact on employment-based visas. The following is a...more

Nilan Johnson Lewis PA

2025 Executive Orders and Their Potential Impact on Business Immigration

Nilan Johnson Lewis PA on

On his first day in office, President Donald Trump issued more than 45 Executive Orders, many of which contain directives related to immigration. The immigration team at Nilan Johnson Lewis will be monitoring updates related...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

Akerman LLP - HR Defense

What Employers Need to Know — Final Rule by the Department of Homeland Security Updating the H-1B Nonimmigrant Worker Visa Program

Akerman LLP - HR Defense on

The U.S. Department of Homeland Security (DHS) recently issued a final rule aimed at modernizing the H-1B nonimmigrant worker visa program, with significant and favorable changes set to take effect on January 17, 2025. These...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

Jackson Lewis P.C.

USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers

Jackson Lewis P.C. on

On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden...more

Holland & Hart - Employers' Lawyers

DHS Finalizes H-1B Modernization Rule Effective January 17, 2025

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in...more

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more

Maynard Nexsen

Nonimmigrant Visas 101 for Employers

Maynard Nexsen on

As employers look to enhance and strengthen their workforce, nonimmigrant visas can offer opportunities for hiring foreign national employees at all levels. When employers learn that applicants will need sponsorship for work...more

Dickinson Wright

Healthcare in Crisis: Exploring Immigration as a Vital Solution for the United States

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S....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

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

Miles & Stockbridge P.C.

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain...more

FordHarrison

2024 Business Immigration Update

FordHarrison on

Executive Summary: Recent reports from the U.S. Department of State (DOS) make clear that American companies need foreign talent more than ever before, and...more

Miles & Stockbridge P.C.

USCIS Increasing Fees for Immigration Applications on April 1

The Department of Homeland Security published a final rule Jan. 31 adjusting the filing fees for applications for immigration benefits submitted to U.S. Citizenship and Immigration Services (USCIS). For most application types...more

Jackson Lewis P.C.

H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C. on

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more

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