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OPT Program Under Attack

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely...more

How Will Immigration Executive Action Impact Higher Education Institutions?

Multi-national personnel and students are uniquely important to the mission and objectives of higher education institutions. The recent focus on immigration reform at the federal level raises the potential for broader...more

eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges,...more

School’s Out for Summer! Pondering the Possibilities of the Student Visa

Readers are most likely tired of me reminding everyone how I grew up in the Panama Canal Zone and what a unique and excellent experience it was. It is a fact and experience that lives with me every day that I am on the...more

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era

On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s...more

Why Employers Should Think About H-1B Petitions Now

The H-1B filing deadline will soon be approaching on April 1, 2015. Accordingly, employers should begin preparations to file their H-1B applications for any new F-1 students who are working for them under an Occupational...more

New J-1 Visa Provisions Effective January 5, 2015

In October 2014, the Department of State (“DOS”) amended Subpart A of the J exchange visitor regulations. These new regulations go into effect in 2015 and apply to all exchange visitor programs and program categories. There...more

President Obama’s Executive Immigration Reform: Shining a Spotlight on Reforming Optional Practical Training “OPT”

As a part of President Obama’s recent announcement regarding his executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued several memoranda to the directors of US Citizenship and...more

SEVP Deploys More Field Representatives to Schools

As previously reported, the Student and Exchange Visitor Program (SEVP) division of U.S. Immigration and Customs Enforcement (ICE) announced the deployment of field representatives to serve as direct day-to-day liaisons...more

The President’s immigration orders: 5 measures that will impact higher ed

As employers and educators of hundreds of thousands of foreign nationals each year, U.S. colleges and universities will be uniquely impacted by President Obama’s new actions targeting the U.S. immigration system....more

Extensions of Visa Validity Periods for Chinese Nationals

This week, the U.S. Department of State (DOS) released additional changes to its Reciprocity Table following President Barack Obama’s announcement of a new, reciprocal 10-year visa policy between the United States and China....more

Scholarships, Grants, And Foreign Students— Tax Compliance Tips For U.S. Institutions

In recent years, record numbers of foreign students have enrolled in graduate and under- graduate programs at U.S. colleges and universities. During the 2012-2013 academic year, their numbers topped 800,000—the seventh...more

SEVP Draft Guidance on Pathway Programs

On September 26, 2014, Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) posted draft guidance on pathway programs, seeking comment from stakeholders. It is the third in a series of related...more

Residency and “Illegal Alien Status” Are Not Mutually Exclusive for School Accommodations: A Friendly Reminder From Washington...

It is worth remembering that when determining if someone is a resident of your school district, the fact that someone may not actually be a legal resident of this nation is irrelevant. In order to underscore this fact, the...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked...more

SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency

The Immigration and Customs Enforcement (“ICE”) Student and Exchange Visitor Program (“SEVP”) issued draft guidance clarifying issues related to the appropriate issuance of the Form I-20, "Certificate of Eligibility for...more

Federal Government Bars Immigration Checks By Schools

The U.S. Departments of Education and Justice have recently issued new guidance – in the form of a “Dear Colleague” letter to school administrators nationwide – barring public schools from conducting immigration checks on...more

New Florida Law Gives In-State Tuition to Certain Undocumented Students

On June 9, 2014, Florida Governor Rick Scott signed a bill allowing certain Florida students without a lawful immigration status to receive in-state college tuition rates. The new law will go into effect on July 1, 2014. ...more

Expect Stricter Scrutiny of Foreign Student Enrollment and Work Authorization Programs in 2014

In light of both a recent Government Accountability Office report on the Department of Homeland Security’s (DHS) Optional Practical Training (OPT) program as well as the newly-launched Student and Exchange Visitor Program...more

Could Einstein Get a Green Card? Proposed DHS Changes Signal New Opportunities for American Colleges and Universities

The U.S. Department of Homeland Security (DHS) is proposing to expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to include a “comparable...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

ICE Deploys Field Representatives to SEVP-Certified Schools

In April 2014, the Student and Exchange Visitor Program (SEVP) division of the U.S. Immigration and Customs Enforcement (ICE) announced that field representatives will be deployed to serve as direct day-to-day liaisons...more

USCIS Publishes Interim Policy Memorandum Discussing STEM Extensions

On October 21, 2013, U.S. Citizenship and Immigration Services (USCIS) posted an interim memorandum for comment, entitled “17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students enrolled in...more

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