News & Analysis as of

Lottery Department of Homeland Security (DHS) Visa Caps

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

2023 H-1B Cap Lottery Has Been Completed

On December 12, 2023, US Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the annual quota of 85,000 new H-1B filings for the FY2024 H-1B cap for H-1B...more

Harris Beach PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

Harris Beach PLLC on

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

Gibney Anthony & Flaherty, LLP

Court Vacates Rule Favoring High-Wage Earners in H-1B Cap Selection Process

A federal district court has struck down a legacy Trump administration rule that would have replaced the annual H-1B cap lottery with a scheme to favor high-wage earners. If implemented, the rule would have adversely...more

Jackson Lewis P.C.

Uncertain Fate Of H-1B Modification Rule

Jackson Lewis P.C. on

Approximately 27,000 additional Cap H-1B cases were selected in a second-round lottery for fiscal year 2022. The selected petitions must be filed by November 3, 2021. In the meantime, litigation challenging the validity of...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

Tonkon Torp LLP

H-1B Lottery Updates For Fiscal Year 2022

Tonkon Torp LLP on

Fiscal Year 2022 - H-1B Lottery Registration Dates- On February 5, 2021 the U.S. Citizenship and Immigration Services (USCIS) announced H-1B Cap Registrations for the Fiscal Year 2022 (FY 2022) lottery will be accepted...more

Fox Rothschild LLP

Selection In The H-1B Cap Lottery If The Proposed New Process Takes Effect?

Fox Rothschild LLP on

On November 2, 2020, the Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to drastically change the way USCIS selects the H-1B Cap registrations of U.S. employers. If the...more

Miles & Stockbridge P.C.

DHS Proposes $10 Fee for New H-1B Cap Registration System

On September 3, 2019, U.S. Citizenship and Immigration Services (USCIS) announced a notice of proposed rulemaking that would require employers seeking to file H-1B cap subject petitions to pay a $10 fee for each electronic...more

UB Greensfelder LLP

H-1B Cap Season is Here. Is Your Company Ready?

UB Greensfelder LLP on

Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 cap season, the start dates for premium processing of cap-subject H-1B petitions, and the launch of USCIS’s new...more

Foster Garvey PC

New Rule Amending H-1B Lottery Selection Process Effective April 1, 2019

Foster Garvey PC on

On January 30, 2018, the Department of Homeland Security (DHS) issued a final rule revising the random selection process (commonly referred to as the annual “H-1B Lottery”) by which the U.S. Citizenship and Immigration...more

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

DHS Finalizes Changes to H-1B Selection Process

On January 31, 2019, the Department of Homeland Security (DHS) published its H-1B registration rule in the Federal Register, formalizing changes to the H-1B selection process. The new regulation, which will take effect on...more

Burr & Forman

DHS Proposes Major Lottery Changes Ahead Of H-1B Filing Season

Burr & Forman on

Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more

Miles & Stockbridge P.C.

Getting Ready for the FY2020 H-1B Season

Miles & Stockbridge P.C. on

As 2018 draws to a close and much of the world is celebrating the holiday season, the immigration world is preparing to enter another H-1B lottery season. For an overview of the H-1B program and H-1B lottery, please see our...more

Fisher Phillips

Massive Changes To H-1B System Proposed For 2019

Fisher Phillips on

The Department of Homeland Security (DHS) recently proposed a new rule that could dramatically change the way the H-1B application process works. The rule would establish an electronic pre-registration system and run the...more

Akerman LLP - HR Defense

Employers Relying On H-4 Dependent Spouse Visas Better Move Fast as April 1 Lottery Looms

Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more

Fisher Phillips

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

Fisher Phillips on

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

Seyfarth Shaw LLP

DHS Sends New STEM OPT Rule to OMB For Review

Seyfarth Shaw LLP on

The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more

Benesch

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know

Benesch on

Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

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