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H-1B Visa

Proposed Changes to H-1B Visa Program for Highly-Skilled Workers

New data indicates that in the first quarter of 2021, 98.1% of temporary work permits were approved, primarily due to the change in administration and the high demand for technology sector jobs. The Biden administration recently announced plans to amend the H-1B program. If approved, U.S. Citizenship and Immigration Services (USCIS) changes to the highly-skilled worker H-1B visa program would include:

• Redefining the employer/employee relationship
DHS (Department of Homeland Security) has vacated an October 2020 change in the definitions of:

• third-party worksite

• employer-employee relationship

• specialty occupation

• Clarifying when USCIS must be notified about a change in H-1B employment
In May, DHS ended a regulation that would have limited off-site placement of H-1B personnel and raised employer duties.

• Creating rules for employer site visits


Biden’s U.S. Citizenship Act of 2021 also includes H-1B provisions that would:

• provide work authorization for the spouses of H-1B visa holders

• incentives to H-1B employers to pay higher wages

• remove per-country visa caps for Green Cards and one that would clear the employment-based visa backlog

Cook and DuPage Count Business Immigration Lawyer

Business immigration law is the practice of immigration law for employment reasons. A business immigration lawyer works with both employers who want to hire skilled foreign workers and foreign nationals who want to come to the United States to work temporarily or permanently.

At Godoy Law Office with locations in Chicago, Lombard and Oak Brook, Illinois, we work with employers in many fields including health care, technology, startups, sports, business, education and finance to help identify the best way to solve your foreign worker’s needs. We also work directly with foreign nationals who want to live and work in the Chicago area.

If you have a question about immigration employment in Illinois, contact the immigration attorneys at Godoy Law Office at 630-912-0322. 

AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties

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Illinois State Bar Association
American Immigration Lawyers Association