News & Analysis as of

Highly-Skilled Workers Visa H-1B Department of Homeland Security (DHS)

Miles & Stockbridge P.C.

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain...more

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Mintz - Immigration Viewpoints

January 2024 update: US Department of State Announces Pilot Program for Stateside H-1B Visa Renewals

On January 18, 2024, the Department of State published an online tool that H-1B visa applicants can use to determine if they are eligible for the stateside visa renewal pilot program. Over time, it is likely that the...more

Quarles & Brady LLP

U.S. State Department Confirms Pilot Program for Domestic Renewal of H-1B Visa Stamps

Quarles & Brady LLP on

The State Department announced they will begin processing visa stamp renewals in Washington, D.C. as early as January 2024. This pilot program will only be available for 20,000 individuals in the U.S. in H-1B status who are...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Dunlap Bennett & Ludwig PLLC

An overview of the H-1B visa application process

The H-1B visa allows employers to hire foreign professionals in certain specialty occupations to work in the United States temporarily. Typically, these workers are highly technically skilled persons with at least a...more

Jackson Lewis P.C.

USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms

Jackson Lewis P.C. on

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

Jackson Lewis P.C. on

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Akin Gump Strauss Hauer & Feld LLP

Inside The Immigration Reform Bill's Business Provisions

The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif. The bill is a key element of the president's...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Constangy, Brooks, Smith & Prophete, LLP

What You Need To Know About This Year’s H-1B Cap Process

Last year, the U.S. Citizenship and Immigration Services rolled out for the first time a new electronic registration tool for H-1B cap cases as part of its implementation of regulations issued in January 2019. The 2019...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces Rules for H-1B Lottery

Key points: - H-1B lottery will be open from March 9 until March 25, 2021. - There will be no changes from last year’s lottery rules. - Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more

Proskauer Rose LLP

H1B Updates: Cap H1B Electronic Registration Opens, Trump Era Wage Level Selection Process Delayed

Proskauer Rose LLP on

The H1B cap registration period for this fiscal year FY 2022 will open at noon EST on March 9, 2021 and will close at noon EST on March 25, 2021. Similar to last year, all H1B cap registrations will cost $10 per registration...more

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

FY2022 H-1B Cap Update: USCIS Confirms Registration Details, Delays Wage-Based Selection Process

U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year (FY) 2022 on or shortly after April 1, 2021. USCIS has confirmed it will use the same...more

Gibney Anthony & Flaherty, LLP

USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period

The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This...more

WilmerHale

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

WilmerHale on

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Littler

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

Littler on

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

Jackson Lewis P.C.

USCIS Announces H-1B Lottery Process Unchanged

Jackson Lewis P.C. on

H-1B lottery deadlines are fast approaching, and two questions have been plaguing employers: 1.When does the registration window open/close? 2.Will the registration process be the same as last year?...more

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...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

Constangy, Brooks, Smith & Prophete, LLP

H-1B Cap Lottery May Favor The Highest Paid Foreign Nationals - But Will The Rule Take Effect?

In filing an H-1B petition, employers must select one of four wage levels for the applicable occupational title in preparing the required Labor Condition Application. (There is an exception when a private wage survey is...more

Dunlap Bennett & Ludwig PLLC

Sweeping Change to the H-1B Visa Program

The Department of Homeland Security (DHS) has published its controversial regulation to end the H-1B visa lottery as a “final rule”, leaving it to the Biden administration or a lawsuit to stop a significant change in U.S....more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

WilmerHale

Trump Administration Increases Salary Requirements for H-1B Visa Holders

WilmerHale on

The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more

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