Archive for H-1B Visas

Breaking Alert: Presidential Proclamation Imposing $100,000 H-1B Entry Fee—Effective 12:01 a.m. EDT, September 21, 2025 [Update: Fee Vacated by Federal Courts]

Update (August 5, 2026): Federal Courts Have Blocked the $100,000 Fee The $100,000 payment requirement described in this alert is not currently being enforced. In California v. Mullin, twenty states challenged the agencies’ implementation of the Proclamation (Proclamation No. 10973,…

Overview of DHS Regulatory Updates on H-1B and Employment-Based Nonimmigrant Classifications

The Department of Homeland Security (DHS) has implemented significant regulatory updates to modernize, clarify, and enhance the H-1B visa program and related employment-based nonimmigrant classifications. These updates provide greater clarity, improve program integrity, and offer additional benefits and flexibilities. Below,…

USCIS to resume adjudication of Form I-539 and Form I-765 for the spouses and minor children of H-1B and L-1 nonimmigrants along with the underlying Form I-129.

As part of the agreement to settle the Edakunni class action lawsuit challenging H-4 and L-2 adjudication delays, on January 20, 2023, USCIS agreed to resume bundling the adjudication of Form I-539 and Form I-765 for the spouses and minor children of H-1B and…

H-1B 6 year Limitation

How long can I remain in H-1b Status? A person can normally only remain in H-1B status for six (6) years. Time spent in L status counts towards the six years. If a person spends less than six months a…

Court strikes down DOL regulation that increased prevailing wages and USCIS regulations that threatened inconsistent adjudication of H-1B cases.

The U.S. District Court for the Northern District of California set aside the DHS interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens…

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