The following information updates the initial alert distributed on January 13, 2026. USCIS has provided additional information regarding the timing of the H-1B cap lottery for the FY 2027 registration season....more
The U.S. Department of Homeland Security published a final rule that will shift the H-1B cap registration selection process from a random lottery to a weighted selection process based on a beneficiary’s proposed salary and...more
On December 29, 2025, the U.S. Department of Homeland Security published a final rule amending the H-1B cap process. Congress mandates an annual cap for new H-1B visas each fiscal year, including 20,000 H-1B visas for...more
The United States Citizenship and Immigration Services (“USCIS”) has announced a final rule which will amend the selection process for H-1B registrations. The rule — which will to take effect with the FY2027 H-1B registration...more
As the “Big Beautiful Bill” takes effect and additional proposals are discussed in Congress, businesses that rely on foreign talent should pay close attention to immigration reforms....more
In anticipation of a possible government shutdown this week, many employers are wondering how a shuttering of U.S. government agencies for budgetary reasons could impact or delay their U.S. immigration processing, exclusively...more
The White House has announced significant changes to the H-1B program, including a new $100,000 petition fee, revised prevailing wage rules, a tiered lottery system, and expanded enforcement measures. These developments...more
On September 24, 2025, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (“NPRM”) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap...more
On Friday September 19, 2025, President Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which stands to significantly change the H-1B visa process and related costs. The H-1B...more
Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more
President Trump’s new administration takes charge this week with a renewed focus on enforcing federal immigration law. In fact, as explained in today’s companion article, one of President Trump’s first action items on...more
On December 18, 2024, the Biden administration’s Department of Homeland Security published its final rule to overhaul several aspects of the H-1B visa program. This final rule, which takes effect 30 days after publication, is...more
The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more
On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more
Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more
The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more
Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1. Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more
Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more
In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more
President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more
During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more
In the last few months, it has been difficult for employers and immigration attorneys to keep up with the flurry of changes released by the Trump Administration, including the suspension on the issuance of H-1B visas at U.S....more
On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more