News & Analysis as of

United States Citizenship and Immigration Services H-1B New Regulations

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 -
Cozen O'Connor

FY2026 H-1B Lottery Has Been Completed and Registrants Notified of Selection

Cozen O'Connor on

U.S. Citizenship and Immigration Services (USCIS) has completed the Fiscal Year 2026 (FY26) H-1B lottery for both regular H-1B cap beneficiaries, as well as advanced degree (master’s) cap beneficiaries. Those registrants who...more

Jackson Lewis P.C.

What’s Changing to H-1B Cap Gap for F-1 Students?

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more

Seyfarth Shaw LLP

Breaking Down the State Department’s New Visa Interview Waiver Limits

Seyfarth Shaw LLP on

Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented...more

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

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

Tarter Krinsky & Drogin LLP

Effective January 17, 2025 - Final H-1B Regulations will Significantly Change the H-1B Program

The need for a modernization of the H-1B Program has been in the pipeline and in discussion throughout the Biden years, but only in the waning days of the administration did the Department of Homeland Security (DHS) issue...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

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

Holland & Hart - Employers' Lawyers

New Regulations Narrow Eligible H-1B Occupations and Increase Required Wages for H-1B Workers

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

Burr & Forman

H-1B Registration Developments

Burr & Forman on

It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more

Burr & Forman

H-1B Lottery Changes Officially Coming in 2020

Burr & Forman on

As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more

Vedder Price

The New H-1B Cap Registration Process: How It's Going to Look

Vedder Price on

The Department of Homeland Security (DHS) has established a mandatory Internet-based electronic registration process for employers seeking to file H-1B petitions for beneficiaries that may be counted under the regular cap or...more

Herbert Smith Freehills Kramer

Congress Considering Bills to Radically Change Distribution of Employment-Based Green Cards

Earlier this month the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 1044), an act that would radically change the way employment-based immigrant visas are allocated by eliminating...more

Miller Canfield

USCIS Outlines Tougher Requirements for Third-Party Placement for H-1B Workers

Miller Canfield on

Reporting requirements for employers increased this week with regard to third-party placement of H-1B foreign workers. Previously, United States Citizenship and Immigration Services (USCIS) required H-1B employers to provide...more

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