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American Immigration Lawyers Association shares online resources to help understand new DHS final rule

On May 10, 2016, the American Immigration Lawyers Association (AILA) published the following announcement about online resources following the Department of Homeland Security’s new final rule affecting international students...more

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

Ready or not, the new STEM OPT rule is in play!

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

Major Modifications to Immigration Programs May Cause Major Headaches

Today, I’m delighted to bring you what I hope will be the first of several updates for employers from the immigration law perspective. One of my newest colleagues, Ashley Mendoza, along with my law partner Brenda Eckert,...more

New STEM OPT Extension Program Requirements

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program will take effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for...more

Approaching the U.S. Department of Homeland Security’s New STEM OPT Extension Regulations with Caution

On Tuesday, May 10, 2016, the U.S. Department of Homeland Security (“DHS”) will implement major modifications to Optional Practical Training (“OPT”) extensions for students on F-1 visas enrolled in science, technology,...more

U.S. Government Expands Job Opportunities for Foreign STEM Students

As HR Legalist has reported, the H-1B Cap has been met for FY2017. USCIS received over 236,000 petitions. From among this number were selected the congressionally mandated limit of 65,000 regular cap H-1B petitions, and an...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

DHS Increases Period of STEM Optional Practical Training to 24 months: Imposes Additional Requirements on Employers and F-1...

The U.S. government never gives without getting something in return, and the same is true with the new STEM 24-month, Optional Practical Training (OPT) Program. On March 11, the Department of Homeland Security (DHS) published...more

New STEM OPT Extension Rules: Critical Takeaways, Part 1

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The first post will focus on the timing rules related to...more

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

DHS Extends STEM Optional Practical Training to 24 Months

Foreign nationals who wish to pursue an advanced degree in the United States obtain an F-1 student visa to do so. After F-1 students obtain their degrees, they may be authorized to participate in post-completion optional...more

DHS Releases Published F-1 Visa STEM OPT Regulation

On March 11, 2016, the US Department of Homeland Security (DHS) published the final regulation for F-1 nonimmigrant students on optional practical training (OPT) with degrees in science, technology, engineering, or...more

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

Department of Homeland Security issues final rule for international students with F-1 visas and Optional Practical Training

On Friday, March 11, 2016, the Department of Homeland Security (DHS) amended its regulations and issued a final rule for international students with F-1 visas and Optional Practical Training (OPT) who obtain degrees from U.S....more

DHS Issues STEM OPT Final Rule

The U.S. Department of Homeland Security ("DHS") recently issued its long-awaited F–1 nonimmigrant student visa regulations on optional practical training (“OPT”) for certain students with degrees in science, technology,...more

Converting 17-Month STEM OPT to 24-Month STEM OPT Under New Regulations Commencing May 10, 2016

Starting May 10, 2016, a new regulation published last month by the U.S. Department of Homeland Security (DHS) takes effect which increases the work authorization extension period from 17 to 24 months for F-1 students holding...more

STEM OPT Extension Will Increase To 24 Months, But Imposes New Obligations On Employers

On March 11, the U.S. Department of Homeland Security published a new rule reauthorizing Optional Practical Training for F-1 nonimmigrant students with qualifying degrees in science, technology, engineering or mathematics...more

Availability of New STEM OPT Extensions Limited to Certain Students

Students with existing OPT grants must have at least 150 days of this grant remaining before seeking a further extension under the new rule....more

DHS Publishes Final Stem OPT Rule

On Thursday, March 10, the Department of Homeland Security (“DHS”) published the long-anticipated final STEM Optional Practical Training (“OPT”) rule in the Federal Register. The final rule will take effect on May 10, 2016. ...more

New Rules for Employers of F-1 STEM OPT Graduates

The U.S. Department of Homeland Security (DHS) announced the release of a new rule governing the STEM Optional Practical Training (OPT) program. Under the rule, qualifying F-1 graduates of Science, Technology, Engineering and...more

New 24-month F-1 STEM OPT Rule Effective May 10, 2016

On March 9, 2016, the U.S. Department of Homeland Security (DHS) posted to the Federal Register an advance copy of its final rule regarding certain F-1 Optional Practical Training (OPT) extensions. The new rule replaces the...more

DHS Announces Final Rule on STEM OPT Employment Authorization

The final rule adds employer obligations to the STEM OPT program. The US Department of Homeland Security has released an advance version of its long-anticipated final rule that expands employment authorization for...more

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more

H-1B Cap Season, Denial of STEM OPT Rule, Amendments to Visa Waiver Program, March Visa Bulletin

A foreign national qualifies for H-1B status if he/she holds at least a U.S. Bachelor's Degree (or equivalent) relevant to the field in which he/she will be working, and the position normally requires at least a Bachelor's...more

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