News & Analysis as of

H-1B Visa Caps Diversity Lottery

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 -
Obermayer Rebmann Maxwell & Hippel LLP

USCIS Announces Registration Period for FY 2024 H-1B Cap Season

U.S. Citizenship and Immigration Services (“USCIS”) has announced that the initial registration period for the fiscal year 2024 H-1B cap season lottery will open at 12pm EST on March 1, 2023, and will run through 12pm EST on...more

Mintz - Immigration Viewpoints

USCIS Completes Lottery Selection Process for H-1B FY2022 Cap

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) provided the following updates on the H-1B cap registration process...more

Moore & Van Allen PLLC

H-1B Cap Update: Employer Registration Accounts

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is rapidly approaching! As a reminder, the registration window opens at noon ET on March 9, 2021 and closes at noon ET on March 25, 2021. All beneficiaries must be...more

Womble Bond Dickinson

Midnight Regulations Spell Trouble for Nonimmigrant Workers & Their Employers

Womble Bond Dickinson on

On January 8, 2021, the U.S. Department of Homeland Security (DHS) published the Modification of H-1B Cap Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions Rule. Should it be implemented,...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

Tarter Krinsky & Drogin LLP

Law Brief: H-1B Visas – New Process and New (Upcoming) Deadlines

Immigration partner Roxanne Levine joined Litigation partner and host Rich Schoenstein to discuss the new filing process for H-1B visas, which provide a nonimmigrant temporary visa category for certain foreign nationals that...more

Gibney Anthony & Flaherty, LLP

USCIS FY 2021 H-1B CAP Update

The electronic registration period for the fiscal year 2021 (FY 2021) H-1B cap season successfully concluded on March 20, 2020. WHAT’S NEXT? USCIS is expected to conduct its random selection process (lottery) of submitted...more

Burr & Forman

H-1B Lottery Changes Officially Coming in 2020

Burr & Forman on

As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more

Harris Beach PLLC

Exemptions to H-1B Cap May Lead to Jackpot Without Winning Lottery

Harris Beach PLLC on

As another H-1B cap season comes and goes, tens of thousands of hopeful employers and employees will again be informed that their H-1B visa petitions were not among the 85,000 selected in USCIS’s random lottery for processing...more

Akin Gump Strauss Hauer & Feld LLP

DHS Finalizes Changes to H-1B Lottery, but Delays New H-1B Prefiling Registration System Till 2020

• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019. • DHS will reverse the order of the H-1B lottery...more

Burr & Forman

DHS Issues Final H-1B Lottery Rule

Burr & Forman on

In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more

Fisher Phillips

Government Unveils Details For 2019 H-1B Lottery - A 5-Step Plan To Successfully Navigate This Year’s Lottery

Fisher Phillips on

The federal government just published its final rule amending the regulations that will govern petitions filed under the H-1B work visa lottery. Although the final rule is effective April 1, 2019, the Department of Homeland...more

Proskauer Rose LLP

Final Rule for H-1B Cap Published – Effective April 1, 2019

Proskauer Rose LLP on

On January 30, 2019, the United States Department of Homeland Security (DHS) announced a final rule to amend the H-1B lottery process. The rule creates an electronic registration process for the H-1B Cap lottery and changes...more

Akin Gump Strauss Hauer & Feld LLP

DHS Proposes New H-1B Prefiling Registration System and Changes to H-1B Lottery

• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period. • DHS proposes to use a computer-generated process to select a...more

Mintz

USCIS Proposes Changes to H-1B Visa Lottery Process

Mintz on

Today, the U.S. Department of Homeland Security issued a notice of proposed rulemaking proposing amendments that would alter the process for the filing and selection of H-1B visa petitions that are subject to the annual...more

Holland & Knight LLP

H-1B Visa Filing Deadline: April 1, 2018

Holland & Knight LLP on

New H-1B visa petitions for Fiscal Year (FY) 2019, which begins Oct. 1, 2018, will be accepted for filing starting on April 1, 2018, which means employers should have their H-1B visa petitions ready to be sent to U.S....more

Foster Garvey PC

Strong Demand Expected for FY2019 H-1B Filings: Employers Should Plan Now

Foster Garvey PC on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming H-1B cap filing season commencing this year on Monday, April 2, 2018. Employers should start identifying...more

Burr & Forman

Amid Potential Changes, Employers Prepare for H-1B Filing Season 2018

Burr & Forman on

With changes in late 2017, many employers are gearing up for H-1B season on April 1, 2018. The H-1B visa allows foreign nationals to work in occupations that require at least a U.S. Bachelor’s Degree (or foreign equivalent)...more

Burr & Forman

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

Burr & Forman on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more

Miller Canfield

Time to Plan for Fiscal Year 2018 H-1B Cap Season

Miller Canfield on

H-1B petitions subject to the Fiscal Year 2018 cap (FY 2018) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2017. As April 1 falls on a Saturday in 2017, employers...more

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

USCIS Reaches FY 2017 H-1B Cap

As of April 7, 2016, the United States Citizenship and Immigration Services (USCIS) has reached the H-1B quota or “cap” limitation for fiscal year (FY) 2017. USCIS has not yet confirmed the total number of petitions received...more

Obermayer Rebmann Maxwell & Hippel LLP

FY 2017 H-1B Cap Reached

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under...more

Franczek P.C.

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

Franczek P.C. on

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

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