The H-1B cap registration process for FY 2026 is fast approaching. For U.S. employers seeking to hire highly skilled foreign professionals, understanding the updated requirements and deadlines is critical. This guide provides essential information to help employers and prospective employees navigate the upcoming registration season with confidence.
Category: H-1B Visa
Key Updates: The H-1B Modernization Rule Effective January 2025
The U.S. Department of Homeland Security (DHS) has finalized a significant update to the H-1B visa program with the publication of the H-1B Modernization Rule. Effective January 17, 2025, these changes aim to modernize program efficiencies, enhance flexibility for petitioners and beneficiaries, and strengthen program integrity. Here’s a breakdown of the most...
I-9 Compliance in a New Era: How to Protect Your Workforce and Avoid Penalties
With immigration enforcement expected to intensify under the current administration, U.S. businesses face heightened scrutiny of their hiring and employment practices. One area of particular focus is Form I-9 compliance. The consequences of non-compliance can be steep, including hefty fines and potential workforce disruptions. Here’s how businesses can act now to prepare...
H-1B and H-2 Final Rules, and New Form I-129 Effective January 17, 2025
The Department of Homeland Security (DHS) will implement the H-1B and H-2 final rules along with a revised Form I-129 (edition date 01/17/25) starting January 17, 2025. The updated rules modernize the H-1B visa program by streamlining processes, increasing flexibility for employers, and enhancing oversight.
The H-2...
ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in...
Game-Changing Updates to H-1B and EAD Rules Set to Reshape Immigration Policies
The U.S. Department of Homeland Security (DHS) recently issued two critical final rules that promise to transform key aspects of the H-1B visa program and Employment Authorization Documents (EADs). These updates, effective mid-January 2025, aim to modernize immigration pathways, enhance program integrity, and provide much-needed flexibility for employers and foreign workers alike.
ABC’s OF H-1Bs (THIS IS PART 2 OF AN 7 PART SERIES). HOW MUCH DO PROSPECTIVE H-1B EMPLOYERS NEED TO PAY TO H-1B EMPLOYEES AND WHY THE FEDERALLY MANDATED PREVAILING WAGE IS SO IMPORTANT.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which...
Trump Calls H-1B Visa Program ‘Great’ Amid MAGA Debate on Skilled Immigration
President-elect Donald Trump expressed strong support for the H-1B visa program, describing it as "great" and acknowledging its importance for U.S. businesses. This comes amidst a heated MAGA debate over the program, which allows employers to hire highly skilled foreign workers.
Allies like Elon Musk and Vivek Ramaswamy...
The Biggest Changes Under the New H-1B Modernization Rules
The U.S. Citizenship and Immigration Services (USCIS) recently finalized updates to the H-1B visa program, marking some of the most significant changes in years. These changes, effective January 17, 2025, aim to address longstanding issues such as fraud prevention, process inefficiencies, and regulatory clarity for employers and foreign workers. Below, we break...
ABC’s OF H-1Bs (THIS IS PART 1 OF AN 7 PART SERIES) H-1B FILING SEASON GETS INTO FULL-SWING FOR H-1B EMPLOYERS AND PROSPECTIVE H-1B EMPLOYEES.
U.S. Citizenship and Immigration Services (USCIS) requires employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $215.00 H-1B registration fee before filing a petition. USCIS will open an initial registration period for a minimum of 14 calendar days...