H1-B visas

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On Sept. 19, 2025, President Donald J. Trump issued a Proclamation significantly restricting the entry of certain H-1B nonimmigrant workers. As details about the impact of the Proclamation will continue to emerge over the coming days, our current understanding is that it does not affect beneficiaries of approved petitions or those who are in possession of valid H-1B nonimmigrant visas. We understand that the ability of current H-1B visa holders to leave the United States and re-enter is not affected. According to current White House information, the entry restriction will first be applied to beneficiaries who are the recipients of H-1B cap numbers after the next lottery cycle in 2026. Our understanding of the Proclamation will continue to evolve as more detail is shared about its impact and intent, so we encourage you to regularly check back here for updates and clarifications.Continue Reading New compliance obligations under H-1B proclamation effective Sept. 21

With the April 1, 2008 filing opportunity for “new” H-1B petitions looming, employers can begin planning now to try to obtain one of the limited number of H-1B visas available for the next federal fiscal year, which runs from October 1, 2008 to September 30, 2009.

A “new” H-1B petition refers only to individuals acquiring the H-1B visa or status for the first time, such as F-1 students changing to H-1B status and individuals abroad who plan to enter the U.S. for the first time using an H-1B visa. These cases often are referred to as “cap-subject” cases because they require one of the 85,000 allotted visas (65,000 for bachelor-level candidates and 20,000 for U.S. masters graduates). It does not apply to one who already has an H-1B visa or status. An exception that private sector employers should note, however, is that an H-1B foreign national currently working for a university in most cases will be subject to the cap. Universities are exempt from the H-1B cap, and when a foreign national leaves a university for the private sector, he/she then becomes cap-subject.Continue Reading Employers Can Plan Now to File H-1B Petitions for Next Federal Fiscal Year