News & Analysis as of

Administrative Procedure Act Foreign Students

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Jackson Lewis P.C.

Proposed Rule Would Replace Duration Of Status Policies For International Students

Jackson Lewis P.C. on

Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States. U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule...more

Constangy, Brooks, Smith & Prophete, LLP

ICE Rescinds Policy “At Courthouse Steps”: Foreign Students Will Be Allowed To Take All-Online Courses This Fall

The U.S. Immigration and Customs Enforcement has agreed to rescind a directive that barred foreign students, even during the COVID-19 pandemic, from taking only the online courses offered by their colleges and universities....more

Bass, Berry & Sims PLC

Lawsuit Seeks to Enjoin ICE Rule that Would Rescind Visas for International Students Pursuing Online Only Courses

Bass, Berry & Sims PLC on

Earlier this week, the Massachusetts Institute of Technology (MIT) and the president and fellows of Harvard College (Harvard) filed a lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs...more

Pullman & Comley - School Law

ICED OUT: Harvard and MIT Lawsuit Challenges Trump Administration’s New Dictates for International Students

In a July 6, 2020 directive that would seem to be completely untethered to public health, higher education, and economic considerations, the United States Immigration and Customs Enforcement [“ICE”] announced that it was...more

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Update on STEM OPT Work Permit Extension: Administrative Process for Regulation Is Underway

In response to Judge Ellen Segal Huvelle’s ruling in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security et al., No. 14-529 (August 12, 2015) that vacated the previous regulations on STEM...more

Bradley Arant Boult Cummings LLP

Department of Homeland Security Regulation Benefitting STEM Employers Thrown into Question

A federal district judge recently issued a 37-page decision vacating a 2008 Department of Homeland Security (DHS) regulation that has helped thousands of U.S. companies hire and retain foreign students holding U.S. degrees in...more

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