News & Analysis as of

H-1B Science Technology Engineering Math Visa Caps

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

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

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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

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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

Jackson Lewis P.C.

Energy, Infrastructure, Domestic Manufacturing: Immigration System to Meet Labor Needs

Jackson Lewis P.C. on

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...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

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

Amundsen Davis LLC

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

Amundsen Davis LLC on

The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that...more

Williams Mullen

H-1B Lottery Season Underway for FY 2023

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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

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Jackson Lewis P.C.

Time To Start Planning For H-1B Cap Season

Jackson Lewis P.C. on

It is time to start preparing for the upcoming H-1B visa lottery, which begins April 1, 2020, and will be the first one to require an electronic registration for each case. To be eligible to file a cap-subject H-1B...more

Williams Mullen

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

Williams Mullen on

U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery.  By way of background, the H-1B visa program allows companies in the United...more

ArentFox Schiff

There’s a New H-1B Lottery Program & Employers Must File Earlier This Year

ArentFox Schiff on

Employers will have to decide who they are sponsoring earlier this year. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions (which are jobs requiring at...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Harris Beach PLLC

It’s H-1B Cap Season and the Tech Corridor is Full of Anxious Skilled Workers

Harris Beach PLLC on

It's March and here we are in the middle of another H-1B cap season. So I did what I do almost every day this time of year: I got up to head in to the office. But first I went for a run to clear my head. It is Saturday. It is...more

Davis Wright Tremaine LLP

H-1B Cap Season Is Underway: Employers Should Prepare for April 1 Cap Lottery Filings Now

Employers wishing to file H-1B cap cases for foreign national employees should initiate work soon in anticipation of the short filing period, which will open on April 1, 2019. ...more

Constangy, Brooks, Smith & Prophete, LLP

It’s That Time Of Year! For Help With Your 2019 H-1B Cap Petition, Please Contact Your Attorney By February 15.

Starting Monday, April 1, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the 2020 fiscal year, which begins October 1, 2019. To maximize the...more

Baker Donelson

Immigration Update: Didn't Make the H-1B Cap? Options for Developing a Plan B

Baker Donelson on

Most employers and H-1B applicants have been notified by USCIS as to whether their H-1B cap petition was selected for processing. Now is the time for employers to work with their foreign national employees to determine if...more

Cozen O'Connor

Employers Should Begin Preparation for Opening of FY 2019 H-1B Cap

Cozen O'Connor on

The beginning of the calendar year is the perfect time for employers to begin planning for the FY2019 H-1B cap filing season, which will begin on Monday, April 2, 2018....more

Franczek P.C.

Buy American and Hire American and the H-1B Lottery

Franczek P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

Mintz - Immigration Viewpoints

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

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