The H-2B nonimmigrant program allows employers to hire nonimmigrants temporarily for nonagricultural labor or services in the United States. Typically, Congress has established the H-2B cap at 66,000 per fiscal year, with 33,000 allocated for workers beginning employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for those starting in the second half…
The U.S. Citizenship and Immigration Services (USCIS) has introduced a Notice of Proposed Rulemaking (NPRM) aimed at modernizing the H-1B specialty occupation worker program. The proposed changes seek to streamline eligibility criteria, enhance program efficiency, provide added benefits and flexibility to both employers and workers, and reinforce integrity measures. Furthermore, the rule suggests altering the H-1B registration selection process to…
On October 17, 2023, the Department of State sent a Federal Register notice for review, titled ‘Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens,’ to the Office of Information and Regulatory Affairs. This document will outline the eligibility criteria for participation in the Stateside Visa Renewal pilot program (pilot program). It…
On June 8, 2023, USCIS released comprehensive guidance on the exchange visitor classification (J-1) in the Policy Manual. USCIS is currently in the process of updating this guidance to provide further clarification regarding how they assess whether a benefit requestor has fulfilled the two-year foreign residence requirement. This updated guidance, found in Volume 2 of the Policy Manual, is immediately…
The US Citizenship and Immigration Services (USCIS) has submitted a proposed regulation aimed at modernizing the H-1B visa program to the Office of Management and Budget (OMB) for review. This marks the initial step in the regulatory process, and the complete procedure, which involves soliciting public feedback, will span several months before the rule is finalized. The proposed rule is…
In order to meet the H-1B numerical allocations for FY 2024, USCIS has randomly selected additional registrations from the pool of properly submitted registrations. Those selected have been notified and are allowed to file H-1B cap-subject petitions for the specified beneficiaries. Only selected registrations are eligible for filing, within a 90-day period, by paper submission along with the relevant registration…
