News & Analysis as of

H-1B Regulatory Requirements Trump Administration

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 -
Adams & Reese

Trump, Musk, and the Future of the H-1B Visa: What to Expect for FY2026

Adams & Reese on

It’s that time of year again – the H-1B visa program is back in the spotlight as we enter the lottery registration period for Fiscal Year 2026. The lottery will be open from March 7-24, 2025....more

Kramer Levin Naftalis & Frankel LLP

DOL Regulation Raises Prevailing Wage Rate for H-1B Workers

Without notice or the opportunity for public comment, as required by federal law, the Department of Labor (DOL) issued a regulation that will significantly raise the minimum required wages for H-1B, H-1B1, E-3 and PERM labor...more

Kramer Levin Naftalis & Frankel LLP

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

Seyfarth Shaw LLP

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

Stinson LLP

Significant Changes to H-1B Lottery Process in 2020

Stinson LLP on

U.S. Citizenship and Immigration Services (USCIS) announced on December 6, 2019 that employers seeking to file H-1B petitions for the 2021 fiscal year cap will be required to first electronically register and pay a $10 fee....more

Polsinelli

The H-1B Lottery Line Starts Here

Polsinelli on

The New Year will bring significant changes to the H-1B lottery selection process and  employers can look forward to a more efficient H-1B cap selection process. USCIS has announced the “Registration Requirement for...more

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