News & Analysis as of

H-1B Science Technology Engineering Math Immigration Procedures

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 -
Gibney Anthony & Flaherty, LLP

Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives  

With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B...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

BakerHostetler

New Green Card Path for High-Achieving Employees

BakerHostetler on

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more

Littler

Not Selected in H-1B Cap Registration? There Are Options!

Littler on

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...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

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

Mayer Brown

United States: Important Updates for Employers Regarding the H1-B Visa Lottery for Professional Employees (Open From March 6 - 22,...

Mayer Brown on

To retain the best global talent, many US employers leverage the annual H-1B visa lottery to secure work authorization for new employees. It allows employers to temporarily employ foreign workers in occupations that require a...more

Holland & Knight LLP

Employers, Get Ready: H-1B Cap Lottery Season Is Almost Here

Holland & Knight LLP on

Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more

Adams and Reese LLP

Navigating the H-1B Visa Lottery Registration: Essential Guide for Employers

Adams and Reese LLP on

As the H-1B visa lottery registration for the USCIS fiscal year 2025 approaches, it is crucial to understand the process and prepare accordingly. This annual event continues to attract significant attention from...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Tarter Krinsky & Drogin LLP

Biden’s Artificial Intelligence Proposals May Help High Skilled Immigrants

On October 30, 2023, President Biden issued an Executive Order (EO) on Artificial Intelligence (AI), which may promote immigration policy changes to attract and retain AI talent in the U.S. The EO recognizes the importance...more

Jackson Lewis P.C.

What Executive Order on AI Means for Immigration

Jackson Lewis P.C. on

On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies...more

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Quarles & Brady LLP

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up...

Quarles & Brady LLP on

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent...more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Holland & Knight LLP

Not Selected in the H-1B Lottery? Now What?

Holland & Knight LLP on

Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Stinson LLP

FY2024 H-1B Lottery Details Announced

Stinson LLP on

On January 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2024 H-1B lottery will open on March 1, 2023 at noon EST and close on March 17,...more

Tarter Krinsky & Drogin LLP

USCIS Updates: Expansion of Premium Processing Services and Bundling of H-1B and L-1 Visa Spouses Requests

Over the past week, USCIS has issued several updates including the expansion of premium processing services and bundling of H-1B and L-1 Visa spouses requests. USCIS Announces the Expansion of Premium Processing Services...more

Fox Rothschild LLP

The Clock is Ticking: H-1B Cap Season Is Here

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

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Opened on March 1, 2022

For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window started on March 1 and...more

Williams Mullen

H-1B Lottery Season Underway for FY 2023

Williams Mullen on

U.S. Citizenship & Immigration Services (USCIS) announced that the registration period for this year’s H-1B lottery will begin at noon Eastern time on March 1, 2022 and will end at noon Eastern time on March 18, 2022. All...more

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