DHS Proposes To Replace H-1B Lottery With Wage-Level Based H-1B Cap Selection Process

Department of Homeland Security (DHS) has announced that it proposes to amend its regulations governing the H-1B cap selection process by which USCIS selects H-1B registrations for the annual H-1B cap. DHS proposes to replace the current random selection process with a wage-level-based selection process. The new selection process would prioritize the selection of H-1B […]

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New Rules Set To Tighten H-1B Visa Program, Increase Prevailing Wages

Two interim final rules, one published by the Department of Homeland Security (DHS) and another by the Department of Labor (DOL), provide for significant changes to the H-1B Visa program. Some of the key changes proposed in the rules are as below. DHS Regulations Revising the definition of and standards for a “specialty occupation” – […]

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FY 2021 H-1B Cap: USCIS Selects Additional H-1B Registrations For Submission

USCIS has started sending notifications to employers and their immigration attorneys informing them that certain H-1B cap registrations submitted by them in March 2020 have been selected for submission in a recently conducted selection of reserve registrations. Registration notices for these newly selected reserve registrations mention that H-1B cap petitions for their newly-selected registrations must […]

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Employer-Employee Relationship For H-1B: USCIS Issues Updated Memorandum

USCIS has recently issued an updated Policy Memorandum, rescinding two previous Policy Memorandums that provided guidance on H-1B petitions filed for workers to be employed at third-party worksites, and on the employer-employee relationship requirement for an H-1B. The following are some of key guidance provided in the new Policy Memorandum: In determining whether an employer-employee […]

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