News & Analysis as of

H-1B United States Citizenship and Immigration Services Foreign Workers

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 -

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

The Impact of U.S. Immigration Changes Over The Past Year Under The Trump Administration: What You Need To Know

by Tarter Krinsky & Drogin LLP on

Despite the fact that the new administration has not had any legislative success in the immigration arena over the past year, U.S. Citizenship Services has issued many updated policy memos changing procedures and changed the...more

H-1B Work Site Visits Expected To Increase: What Employers Need To Know

by Fox Rothschild LLP on

On October 20, 2017, the Department of Homeland Security Office of the Inspector General issued Report OIG-18-03, “USCIS Needs a Better Approach to Verify H-1B Visa Participants”, targeting fraud in immigration processes,...more

USCIS Reverses Policy on Temporary Visa Extensions

by Foley Hoag LLP on

On Monday, October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) reversed a long-standing policy regarding non-immigrant extension petitions. Historically, as memorialized in an April 23, 2004 USCIS policy...more

What’s New in Immigration Law?

by Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

USCIS Denying Pending Advance Parole Applications

by Varnum LLP on

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is...more

US Resumes Premium Processing for H1-B Visas

by Ronald Shapiro on

After premium processing of H-1B visas was temporarily suspended because of a large number of applications for work visas, the US is now resuming it. The H-1B visa is a work visa intended to allow companies in the US to...more

Business Immigration Update: October H-1B Reminders, Information on Employment-Based I-485 Interviews and Trump Administration...

by Faegre Baker Daniels on

October brings seasonal reminders for employees who are starting employment pursuant to H-1B status as well as some current changes to employment-based permanent resident applicants. In addition, the White House has issued...more

Premium Processing Resumed for all H-1B Petitions

by Moore & Van Allen PLLC on

USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions. Over the past few months, USCIS has progressively re-opened premium...more

Premium Processing Resumes for All H-1B Petitions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for all H-1B petitions....more

USCIS Announces Sweeping Changes To Policies Involving In-Person Interviews, H-1B Premium Processing, Employment Authorization And...

On September 28, 2017, the Office of the Citizenship and Immigration Services (CIS) Ombudsman hosted a stakeholder call that offered more details about the new personal interview requirements for employment-based adjustment...more

USCIS Has Resumed Premium Processing For All H-1B Petitions

The U.S. Citizenship and Immigration Services has resumed premium processing for all H-1B petitions as of yesterday, October 3. Premium processing is a service offered by the USCIS in which certain types of petitions will...more

Premium Processing Resumes for All H-1B Petitions

by Varnum LLP on

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) will accept premium processing requests on all H-1B petitions....more

Don't Forget the H-1B October 1, 2017 Start Date

by Moore & Van Allen PLLC on

The October 1st start date for H-1B cap-subject petitions is rapidly approaching. Foreign nationals who were selected in this year's H-1B lottery and their petitioning companies should remember several key points about the...more

Immigration Law Update

by Clark Hill PLC on

Premium processing provides that the U.S. Citizenship & Immigration Services ("USCIS") will process a petition within 15 days, for an additional $1,225 application fee. Earlier this year, USCIS announced it would not be...more

USCIS Resumes Premium Processing for 2018 H-1B Cap Cases

by Littler on

On September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume the premium processing service for fiscal year 2018 H-1B cap cases....more

Premium Processing Resumed for H-1B Cap Petitions

by Moore & Van Allen PLLC on

USCIS has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. This includes petitions receipted in this year's H-1B lottery process, subject to the standard H-1B cap of 65,000 and...more

USCIS Reinstates Premium Processing for H-1B Cap Subject Petitions

by Cozen O'Connor on

USCIS announced on Monday, September 18, 2017, that it will immediately accept premium processing requests of all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. H-1B cap petitions filed in April 2017,...more

Premium Processing Now Available for Cap H-1B Visas

by Varnum LLP on

On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed the premium processing option for Fiscal Year 2018 H-1B cap visa petitions filed for an October 1, 2018 start date. Premium processing...more

Premium Processing Resumes for Fiscal Year 2018 H-1B Cap Petitions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018...more

Premium Processing Of H-1B Petitions Further Expanded, Effective Immediately

by Fox Rothschild LLP on

The US Citizenship and Immigration Service (USCIS) announced today, September 18, 2017, that it will again expand its resumption of premium processing for additional types of H-1B petitions. Effective immediately, H-1B...more

Recent Developments In U.S. Immigration Law: H-1B Visa Category, Nonimmigrant Visa Applications Abroad And Suspension Of...

U.S. immigration law practitioners are expecting a turbulent fall ahead with upcoming H-1B adjudications challenges by the U.S. Department of Homeland Security, a suspension of nonimmigrant visa applications in Russia and...more

Higher Costs for Highly Skilled Foreign Workers in Store for Employers?

by Akerman LLP - HR Defense on

Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy...more

Changes to Foreign Affairs Manual and Developments in the Adjudications of Nonimmigrant Visas Signal Increased Scrutiny of Visa...

by Littler on

Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process....more

U.S. Immigration Solution: Canada is Open for Business

The competition for professional foreign workers continues to increase in many U.S. business sectors. In light of changing U.S. immigration laws and impending reform, however, American companies hiring foreign talent are...more

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