Search

The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.

Release Date 

01/12/2024

Will Also Introduce Online Filing for I-129 H-1B Petitions and H-1B I-907 Premium Processing Service 

WASHINGTON—U.S. Citizenship and Immigration Services today announced the upcoming launch of a package of customer experience improvements for H-1B cap season. The measures are expected to increase efficiency and ease collaboration for organizations and their legal representatives.

The Department has published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012. 

Jan. 27, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

Guidance on L Visas and Specialized Knowledge

Reference Document:

STATE 002016, 01/11

1. The following guidance is in response to a request [redacted] for specific guidelines for L visa adjudications, particularly in regard to evaluating claims of "specialized knowledge," and will be useful to all posts. There is a concern about the potential for inconsistent adjudicatory standards at different constituent posts and clear standards would allow for more consistent adjudication.

This memorandum provides guidance regarding implementation of the provisions of Public Law 111-230 that increase certain H-1B and L-1 petition fees. The additional fee applies to petitioners that employ 50 or more employees in the United States with more than 50% of their employees in the United States in H-1B or L-1A or L-1B nonimmigrant status. Petitioners meeting those criteria must submit the additional fee with an H-1B or L-1 petition filed.

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.

Questions & Answers

Q: What is the H-1B cap?

A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

 U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

OASP News Release: [05/13/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-0563-NAT

US Labor Department unveils new tool to help employees and small businesses understand foreign worker certification

Online advisor clarifies rights and responsibilities under H-1B visa program

The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.

Both employees and employers can benefit from elaws.

USCIS Annual Report on Characteristics of Specialty Occupation Workers (H-1B) for Fiscal Year 2009 to Congress. The report includes information on countries of origin and occupations of, education levels attained by, and compensation paid to H-1B beneficiaries.

Please check the attached document.

Prevailing Wage and FIFO (First-in, first-out order) 

All wage requests are being processed in less than 60 days. First-in, first-out order (FIFO) is being used.  Requests for H-1B/PERM are processed in FIFO order as there is only one queue. The goal in the end is to process all wage requests continues to be 60 days.

For guidance and guidelines for processing please visit this link.