Harvard/MIT Student Visa Case
Nota Bene Episode 77: Labor, Employment, and Immigration in a Pandemic World with Kelly Hensley, Denise Giraudo, and Greg Berk
USCIS provided updated guidance in the USCIS Policy Manual with regard to the F-1 and M visa classifications utilized by international students for vocational, graduate and post-graduate study at U.S. academic institutions....more
The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical...more
NIL partnerships between businesses and collegiate student-athletes remain a lucrative opportunity. In fact, marketing and advertising through student-athletes has been so successful that the NIL industry is projected to soon...more
On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department...more
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
The Department of Homeland Security (DHS) has extended and redesignated Temporary Protected Status (TPS) for Haiti until Feb. 3, 2026. According to DHS Secretary Alejandro N. Mayorkas, the decision to renew and redesignate...more
On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more
Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...more
As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic...more
Because of ongoing conflicts in Ethiopia and Gaza, the U.S. Department of Homeland Security (DHS) announced relaxed employment authorization standards for Ethiopian and Palestinian F-1 students who are eligible for work...more
U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more
The Department of Homeland Security (DHS) has published instructions on how to apply for the extended and redesignated Temporary Protected Status (TPS) for Burma (Myanmar). On March 25, 2024, DHS extended and redesignated...more
Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more
The traditional concept of the student/athlete continues to evolve. Recently, the Dartmouth College men’s basketball team voted to unionize. In the not-too-distant past, the NCAA permitted college athletes to be paid for...more
It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more
Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more
The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more
USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more
USCIS announced the extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months from April 1, 2024, to Sept. 30, 2025. The redesignation is based on the continuing civil war and the accompanying...more
The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater...more
It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at...more
The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates...more
On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on F and M nonimmigrant student classifications....more
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding F and M students, including USCIS’s role in adjudicating applications for employment authorization, change of status, extension of stay,...more
U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree master’s cap and has completed the H-1B selection process...more