News & Analysis as of

United States Citizenship and Immigration Services H-1B Hiring & Firing

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Fisher Phillips

H-1B Employers Beware: An Employer’s Step-By-Step Guide to Fraud Detection and National Security Directorate (FDNS) Site Visits

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If you’ve “won” the H-1B lottery and are fortunate enough to have key foreign national workers at your organization, you may think your worries are over – but a recent trend may mean you’ll get a site visit at your workplace...more

Fisher Phillips

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

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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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

The FY 2026 H-1B Visa Lottery: A Quick Guide for Employers

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The H-1B visa program allows U.S. employers to hire highly skilled foreign professionals. But with a limited number of visas and high demand, early preparation is key. Here is a quick overview of the 2026 H-1B visa lottery...more

Fisher Phillips

An Employers’ Guide to Navigating H-1B Season: Answers to Your Top Questions

Fisher Phillips on

Are you confused about how to navigate the timelines and requirements for the H-1B cap season? It’s complicated! The registration window officially opened Friday – and employers that want to hire highly skilled foreign...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

Fisher Phillips on

The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

Seyfarth Shaw LLP

FY2026 H1B Cap Initial Registration Period Announced

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USCIS has announced the H-1B CAP lottery registration period for FY2026. The registration period will be from March 7th to March 24th; USCIS will issue selection notifications by March 31st, allowing petitioners to file H-1B...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces H-1B Lottery Registration Amid Recent Regulatory Changes to the H-1B Program

On February 5, 2025, the United States Citizenship and Immigration Services (USCIS)  announced that the online H-1B lottery will take place from noon ET on March 7, 2025, until noon ET on March 24, 2025. USCIS expects to...more

Cozen O'Connor

FY2026 H-1B Lottery Registration Begins

Cozen O'Connor on

On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2026 H-1B Cap Lottery will open at noon Eastern Time (EST) on March 7, 2025, and run through noon...more

Vorys, Sater, Seymour and Pease LLP

USCIS Announces Registration Period for FY2026 H-1B Visa Lottery

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B lottery process will open at noon ET on March 7, 2025 and will run through noon ET on...more

Hinshaw & Culbertson - Employment Law...

How Employers Should Prepare for H-1B Employment Pre-Registration in March 2025

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization, and gather the...more

Ballard Spahr LLP

Navigating the H-1B Cap Season for FY 2026

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As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an...more

Quarles & Brady LLP

The Top Five Areas of Business Immigration Likely to be Impacted by and How to Prepare for the Second Trump Administration

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This article summarizes key take-aways from our December 3, 2024 webinar titled Business Immigration – What to Expect Under a Second Trump Administration. We focused on what the first Trump Administration proposed or enacted,...more

Troutman Pepper Locke

Top 5 Anticipated Changes to the Immigration Landscape During Trump's New Term

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President Donald Trump's return to the Oval Office is expected to reshape U.S. policies related to immigration. Many of those changes will impact U.S. employers, even those without employees on work visas. Here are the top...more

Mayer Brown

H-1B Modernization: Biden’s Final Move, Trump’s First Challenge?

Mayer Brown on

The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H‑1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on...more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

Seyfarth Shaw LLP on

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Fisher Phillips

Biden Administration Reshapes H-1B Visa Rules: What Employers Need to Know

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Federal immigration authorities issued a new final rule yesterday that reshapes the eligibility criteria for the H-1B visa program, clarifying which foreign workers can apply for the coveted slots and expanding the reach of...more

Troutman Pepper Locke

Water Cooler Talk: Immigration Insights From ‘The Proposal’

Troutman Pepper Locke on

This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more

Jackson Walker

Business Immigration Expectations Under a Second Trump Administration

Jackson Walker on

With the re-election of former President Donald Trump, employers and international investors should prepare for significant changes in U.S. immigration policies. Based on his first term, campaign promises, and recent...more

Jackson Lewis P.C.

How Employers Can Prepare for End of Bundled Processing of Work Authorizations for H and L Dependents

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In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and...more

Quarles & Brady LLP

The Top 5 Actions for H-1B Cap Employers to Take as of October 1, 2024

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Once an employee’s H-1B change of status becomes effective on October 1, certain obligations are required of sponsoring employers. Employers, please take note of these reminders today....more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

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