News & Analysis as of June 2, 2025

Visa Caps

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Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

Fisher Phillips on 4/28/2025

You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more

USCIS Gears up for the H-1B FY22 Cap Cycle

FordHarrison on 2/12/2021

Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on 2/9/2021

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

Herbert Smith Freehills Kramer on 2/9/2021

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

FY2022 H-1B Cap Lottery Registration

Cozen O'Connor on 2/9/2021

On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2022 H-1B Cap Lottery will begin on March 9, 2021. ...more

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Herbert Smith Freehills Kramer on 12/16/2019

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/15/2019

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

USCIS Introduces Two-Phased Approach to Premium Processing for FY 2020 H-1B Cap Cases

Akerman LLP - HR Defense on 3/28/2019

As of April 1, 2019, U.S. employers requesting a change of status for H-1B hopefuls should request Premium Processing by concurrently filing visa petitions with Form I-907...more

USCIS Announces Premium Processing Eligibility for Specific Types of Fiscal Year 2020 H-1B Cap Petition Filings

Epstein Becker & Green on 3/21/2019

On March 19, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept premium processing requests (i.e., Form I-907, Request for Premium Processing Service) for fiscal year (“FY”) 2020 H-1B cap...more

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on 12/5/2018

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

Time to Think About the H-1B Cap Season and Your Employment Needs

Herbert Smith Freehills Kramer on 1/17/2018

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of Oct. 1, 2018....more

H-1B Cap: Start Planning Today for "Buy American, Hire American"

Proskauer Rose LLP on 12/22/2017

Although we are still officially in the year 2017, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2019 (FY2019). H-1B cases must be filed between April 2, 2018 and April 7, 2018 to be...more

'Tis the season...to prepare for H-1B filing

Moore & Van Allen PLLC on 12/6/2017

On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any...more

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

Moore & Van Allen PLLC on 10/1/2017

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

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

Seyfarth Shaw LLP on 9/19/2017

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

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

Fisher Phillips on 4/20/2017

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

USCIS Suspends H-1B Premium Processing Beginning April 3, 2017

Seyfarth Shaw LLP on 3/9/2017

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more

USCIS Temporarily Suspends Premium Processing of H-1B Petitions

FordHarrison on 3/9/2017

USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more

USCIS Suspends Premium Processing for H-1B Petitons Beginning April 3rd

Dickinson Wright on 3/9/2017

The USCIS announced on March 3, 2017 that beginning April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. According to the USCIS, the suspension may last up to 6 months. While H-1B premium...more

Recent Developments in Business Immigration Law - USCIS to suspend H-1B Premium Processing next month

Herbert Smith Freehills Kramer on 3/8/2017

U.S. Citizenship and Immigration Services (USCIS) has announced that it will suspend Premium Processing of all H-1B filings starting on April 3, 2017. This includes all Fiscal Year 2018 H-1B cap filings, as well as H-1B...more

The Race to File H-1B Work Visas on April 1, 2017

FordHarrison on 1/23/2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

H-1B Cap FY2017 and Aftermath

Baker Donelson on 5/3/2016

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

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