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Each year, there is a limited number of H-1B Specialty Occupation visas available for employers offering jobs to professionals in the United States. In order for one to qualify for an H-1B visa, there must be a US employer; a specialty occupation job offer, i.e., one where the job duties cannot be performed by someone without a degree in a specific field of study; an offered wage that meets the Department of Labor requirements; and a qualified employee.

Due to the popularity of this visa, each fiscal year, USCIS has been running out of visas and therefore has had to...

USCIS just announced that the period for employers to register employees for the upcoming H-1B lottery will run from March 6, 2024 to March 22, 2024. Employers may set up their accounts as early as February 28, 2024. Having such accounts set up will offer employers a chance to file certain H-1B forms electronically online.

One important update will include a change to the lottery system. Starting this year, the system will be “beneficiary-centric.” That is, in the past, USCIS would select candidates per registration. The new system will select candidates based on unique passport or travel document numbers...

H-1B status allows a professional to be in the United States to work for a specific employer, at a specific location, and in a specific position. In order for this individual to travel outside of the United States and reenter (or enter the United States for the first time) in H-1B status, the individual must also have an unexpired H-1B visa stamp in one’s passport. (Canadians are exceptions).

Since 2004, individuals must apply for an H-1B visa stamp at a U.S. Consulate abroad which has also included an in-person interview. This does not matter whether it is the first...

Employers are required to have employees complete Form I-9 when onboarding an employee. This is the federal government’s mechanism for ensuring that employers only hire individuals with employment authorization. The Form I-9 has been around since 1986. As of August 1, 2023, the US Citizenship and Immigration Services (USCIS) issued a new Form I-9. Employers may use the current version of the Form I-9 (edition dated 10/19/2019) until October 31, 2023. Thereafter, employers must use the 8/1/2023 edition.

One welcome change to the Form I-9 process is an option for employers to verify employee documents remotely. Other than special accommodations made...

Normally, when an employer hires an individual, the employer must verify that the individual has proper documentation to show that the individual has employment authorization to work for the employer. This is done through the employer’s completion of the Form I-9 and the employee’s demonstration of the documentation in person. When the COVID-19 pandemic arose in March 2020, employers had the option to review such documentation remotely. As employees return to the workplace, U.S. Immigration Customs and Enforcement (ICE) announced that employers must conduct in-person verification of the documents that were previously reviewed remotely. As we shared in an earlier...

The Department of Homeland Security’s (“DHS”) COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. Prior to the onset of the COVID pandemic, employers were required to complete the Form I-9 and do in-person verification of an individual’s employment authorization documents. In response to COVID-19 safety measures in 2020, DHS provided some flexibilities as an alternative to an in-person inspection.

With the end of the temporary flexibilities, employers will need to complete in-person physical document inspections by August 30, 2023 for employees whose documents were inspected remotely during the temporary flexibilities. Authorized representatives can...