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New H-1B Rule and Potential Immigration Restrictions Expected by Year-End

08/22/2024

The U.S. Citizenship and Immigration Services (USCIS) is set to publish a final rule on H-1B visas, anticipated to introduce significant changes. This proposed rule includes contentious measures that mirror a previously blocked Trump administration rule, sparking concerns among businesses and immigration advocates. Key points of contention include the “directly related specific specialty” requirement for specialty occupations and the...

H-1B Bulletin - Additional H-1B Visas Available for 2025

08/13/2024

USCIS recently announced that they would need to select additional registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2025, and only for the beneficiary named in the applicable selected registration notice. An H-1B cap-subject petition must be properly filed at the correct filing location or online...

2nd H-1B Lottery Results

08/09/2024

USCIS just announced that it selected 13,607 additional beneficiaries in the second round of the FY 2025 H-1B cap. Adding these selections to the first round of 114,017 beneficiaries, a total of 127,624 beneficiaries were selected in this year’s lottery. There were a total of 442,000 beneficiaries who had H-1B registrations filed for them this year (470,342 registrations, taking duplicates into account). This means that the chance of...

USCIS Will Run Second FY 2025 H-1B Cap Lottery

08/01/2024

Today USCIS announced that it plans to run a second lottery of properly submitted FY 2025 H-1B cap registrations to select additional unique beneficiaries. The additional lottery is taking place because USCIS did not receive enough H-1B cap petitions during the initial 90-day filing period to meet the 65,000 regular quota for FY 2025. Employers and their representatives should begin receiving USCIS notifications that additional H-1B cap...

New H-1B visa rules to be released on July 8: How could they impact on Indians?

07/11/2024

The United States Citizenship and Immigration Services (USCIS) is gearing up to reveal a set of new regulations for H-1B visas, with implications that could reshape the landscape for both employers and professionals, notably those from India. The proposed regulations are slated for release on July 8, marking the initiation of a public commentary period before the visa alterations become official. H-1B visas serve as the primary avenue for...

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

07/10/2024

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some lesser-known solutions that may ensure foreign national employment in the future. Here’s a quick overview of eight key alternatives for workers who are not chosen under the H-1B cap. 1. Additional H-1B Options H-1B...

CBP Plans to Expand Biometric Fee for H-1B and L-1 Visa Extensions

07/09/2024

The U.S. Customs and Border Protection (CBP) has proposed extending the 9-11 Response and Biometric Entry-Exit Fee to include extensions of stay for H-1B and L-1 visas. This change could significantly impact employers with a workforce where over 50% hold these visas. Current vs. Proposed Regulations Current: The fee, $4,000 for H-1B and $4,500 for L-1 visas, applies only to initial filings and employer modifications for “covered...

New H-1B Rule and Potential Immigration Restrictions Expected by Year-End

07/09/2024

The U.S. Citizenship and Immigration Services (USCIS) is set to publish a final rule on H-1B visas, anticipated to introduce significant changes. This proposed rule includes contentious measures that mirror a previously blocked Trump administration rule, sparking concerns among businesses and immigration advocates. Key points of contention include the “directly related specific specialty” requirement for specialty occupations and the...

USCIS Reports Statistics On Employers And Beneficiaries For FY 2025 H-1B Cap Initial Registration

07/08/2024

Following up on the U.S. Citizenship and Immigration Services' (USCIS) previous announcement that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master's cap), USCIS reported several statistics in an email blast: The agency “selected 114,017 beneficiaries,...

H-1B Visa Holders: Understanding Amendment Requirements And Address Changes

06/19/2024

Filing an H-1B amendment petition with the U.S. Citizenship and Immigration Services (USCIS) is a critical step for employers to ensure compliance with immigration laws. Understanding when an amendment is required can help avoid legal complications and maintain the lawful status of nonimmigrant employees. This article delves into the specifics of when an amendment is necessary and provides detailed examples to illustrate various scenarios....

H-1B: Feds propose hefty fee hike on thousands of renewals for Silicon Valley’s favorite visa

06/12/2024

Federal authorities aim to dramatically boost fees for thousands of H-1B visa renewal applications by expanding a $4,000 charge to cover all renewal applications by companies with large numbers of employees on the visa. The H-1B, an employment permit intended for foreign workers with specialized skills, is heavily used by Silicon Valley’s technology companies, but questionable use of the visa has mired it in controversy. Under the...

H1-B visas are the lifeblood of U.S. tech innovation–and the shortcut to semiconductor supremacy

05/29/2024

In December, Samsung delayed a Texas-based chip manufacturing facility’s start date. In January, the Taiwanese chip manufacturing company TSMC pushed back one of its planned Arizona plants. The reason? Workforce shortages. Two years after the U.S. passed legislation providing $280 billion over the next decade to spur the development of its semiconductors industry, such delays represent significant hiccups in America’s plan to boost our...

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