News & Analysis as of

Department of Homeland Security (DHS) Visas Science Technology Engineering Math

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

DHS Updates STEM Designated Degree Program List for 24-Month STEM OPT Extensions

On July 23, 2024, the U.S. Department of Homeland Security (DHS) added the category of Environmental/Natural Resource Economics (03.0204) as a qualifying field of study to the DHS STEM Designated Degree Program List. DHS did...more

Constangy, Brooks, Smith & Prophete, LLP

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Jackson Lewis P.C.

What Executive Order on AI Means for Immigration

Jackson Lewis P.C. on

On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Littler

DHS Announces Updated STEM Designated Degree Program List

Littler on

On July 12, 2023, the U.S. Department of Homeland Security (DHS) updated the STEM Designated Degree Program List by adding eight new qualifying fields of study. The Program List is generally used to determine whether a degree...more

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

STEM OPT Update: Additional Degree Fields Now Eligible for 24-Month Extension

On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight new qualifying fields of study to the STEM Designated Degree Program List. F-1 nonimmigrant students who complete certain programs of study in the...more

Jackson Lewis P.C.

Optional Practical Training Programs for F-1 Students Are Valid, Federal Appeals Court Held

Jackson Lewis P.C. on

In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Flexibility Benefits For Foreign Students With OPT Work Authorization

Last week, the U.S. Citizenship and Immigration Services announced changes that will be good news for foreign students seeking Optional Practical Training in areas related to their major areas of study. First, the 14...more

Jackson Lewis P.C.

Immigration Reform Bill

Jackson Lewis P.C. on

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more

Constangy, Brooks, Smith & Prophete, LLP

What You Need To Know About This Year’s H-1B Cap Process

Last year, the U.S. Citizenship and Immigration Services rolled out for the first time a new electronic registration tool for H-1B cap cases as part of its implementation of regulations issued in January 2019. The 2019...more

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Poyner Spruill LLP

Controversial H-1B Visa and Green Card Legislation Before Congress

Poyner Spruill LLP on

The H-1B visa is an employer-sponsored nonimmigrant visa for highly skilled workers in so-called “specialty occupations". Specialty occupations are those which require the minimum of a US bachelor’s degree or foreign...more

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

USCIS Reverses Course, Allows STEM OPT Students to Work at Third-Party Sites

U.S. Citizenship and Immigration Services (USCIS) has revised its website and announced that it will now allow F-1 students participating in the optional practical training (OPT) extension for individuals in science,...more

Tarter Krinsky & Drogin LLP

The Trump Administration's Efforts To Rein In H-1B Visas - What You Need To Know

The H-1B visa category has been modified many times over the past 65 years. H-1B visas facilitate the entry of foreign national professionals, while also providing safeguards that maintain the integrity of the U.S. labor...more

Dickinson Wright

Rumored Changes To The H Visa Category

Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Littler

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

Littler on

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

FordHarrison

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Mintz - Immigration Viewpoints

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

Miller Canfield

New Rules for Employers of F-1 STEM OPT Graduates

Miller Canfield on

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

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

New STEM OPT Extension Rule Brings Welcomed Relief to Employers and International Students

On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or...more

Mintz

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Mintz on

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

Mintz - Immigration Viewpoints

A Preview of Business Immigration in 2016: OPT (Part 2/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

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