News & Analysis as of

Visas Department of Labor (DOL) Visa Caps

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

Harris Beach PLLC on

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

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

Beltway Buzz - March 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Harris Beach PLLC

Randomized H-2B Group Assignments Sent to Employers Seeking to Hire Temporary Workers

Harris Beach PLLC on

The U.S. Department of Labor recently distributed randomized H-2B group assignments. In the past, there have been a sufficient number of visas reserved for Group A to meet the initial visa cap of 33,000. Group A and Group B...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

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

Supplemental H-2B Cap for Returning Workers Reached for Early Second Half of Fiscal Year 2023

U.S. Citizenship and Immigration Services (USCIS) recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year (FY) 2023. As part...more

Amundsen Davis LLC

The Top 5 Mistakes Employers Make When Preparing H-1B Petitions

Amundsen Davis LLC on

The H-1B season is off and running! Though United States Citizenship and Immigrations Services (USCIS) has not specified the dates the online lottery will be open this year, we know it will occur in March. I recommend that...more

Gibney Anthony & Flaherty, LLP

Immigrant Visa Availability in FY 2023 and the October 2022 Visa Bulletin

October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the...more

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

DOL: Fiscal Year 2022 H-2B Updates

The H-2B program is available to employers that can demonstrate a temporary need to supplement their staffs based on a one-time, seasonal, intermittent, or peak-load need basis. The program is generally used by employers with...more

Schwabe, Williamson & Wyatt PC

It’s H-1B Season Again—Are You Ready?‎

U.S. Citizenship and Immigration Service (“USCIS”) announced on January 28, 2022, that this year’s annual application period for the FY 2022 H-1B program will run from March 1, 2022, through March 18, 2022. Continuing the new...more

Tarter Krinsky & Drogin LLP

H-1B Cap Season Is Imminent - What You Should Know This Year

With the new Biden administration at the helm, we note that the H-1B final midnight regulations promulgated Friday, January 15, 2021, by the former administration have been rescinded. Those regulations, which set up a...more

Tonkon Torp LLP

DOL Publishes Final Rule Impacting Prevailing Wages

Tonkon Torp LLP on

The U.S. Department of Labor (DOL) published a final rule to incorporate changes to the computation of prevailing wage levels for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

Epstein Becker & Green

November 2020 Immigration Alert

Epstein Becker & Green on

Lawsuits Filed in California and DC Federal Courts Challenge New DOL and USCIS H-1B Regulations - In October 2020, the U.S. Department of Labor (“DOL”) and U.S. Citizenship and Immigration Services (“USCIS”) each published...more

Mintz - Immigration Viewpoints

New DHS Proposed Regulations will Revise the H-1B Cap Lottery

On Monday, November 2, the Department of Homeland Security (DHS) published a proposed rule intended to change the H-1B lottery process and further restrict H-1B eligibility. The rule would replace the random lottery selection...more

Epstein Becker & Green

October 2020 Immigration Alert

Epstein Becker & Green on

USCIS and DOL Will Implement Changes to H-1B Regulations That Will Likely Be Subject to Legal Challenge - On September 3, 2020, U.S. Citizenship and Immigration Services (“USCIS”) submitted an interim final rule (“IFR”)...more

Epstein Becker & Green

October 2019 Immigration Alert

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USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

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

Congress Considers Removing Country Caps for Employment-Based Immigrant Visas and Proposes Changes to H-1B Visa Program

On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times...more

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

DHS Announces That It Will Issue 30,000 Additional H-2B Visas in Response to High Demand

After a tumultuous filing period for the second half of fiscal year (FY) 2019, employers that rely on H-2B seasonal workers received some good news. The U.S. Department of Homeland Security (DHS) has agreed to issue up to...more

Pierce Atwood LLP

DOL Issues Guidance on H-1B LCA Electronic Posting

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The Immigration and Nationality Act and H-1B regulations require employers to notify their U.S. employees of their intent to hire H-1B nonimmigrant workers in connection with filing an H-1B Labor Condition Application....more

Miller Canfield

Updates to the H-1B Visa Lottery Process for Fiscal Year 2020

Miller Canfield on

The H-1B program allows companies in the United States to temporarily employ foreign workers in specialty occupations. H-1B specialty occupations are positions that require the theoretical and practical application of a body...more

Proskauer Rose LLP

H-1B Cap: Start Planning Today for the H-1B Cap Lottery

Proskauer Rose LLP on

It is now time to prepare for the H-1B Cap for Fiscal Year 2020 (FY2020). H-1B petitions filed between April 1, 2019 and April 5, 2019 will be included in the lottery. Demand for the H-1B has steadily increased over the years...more

Burr & Forman

H-1B Visas and Third Party Worksites

Burr & Forman on

Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more

Foley Hoag LLP

Are You Ready for USCIS H-1B Site Visits or Department of Labor Audits?

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Now that the FY 2019 H-1B cap has been reached, make sure you have a strong immigration compliance programs in place, particularly when it comes to Department of Homeland Security’s H-1B Site Visit program and Department of...more

Williams Mullen

It’s Time to Start Preparing for H-1B Cap Season

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The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” Essentially, a specialty occupation is a professional position that requires an individual to...more

Dorsey & Whitney LLP

Cap-Subject H-1B Visa Petitions to be filed on April 2, 2018

Dorsey & Whitney LLP on

The annual H-1B cap season will be opening April 2, 2018. As usual, the application window period is 5 business days. 65,000 H-1B visas are allotted every year....more

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