F-1

News & Analysis as of

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

FY 2016 H-1B Cap Petition Not Selected: What Are the Options?

Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved...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

Illinois Appellate Court Affirms Preliminary Injunction Allowing International High School Student to Play Sports

Recently, in Makindu v. Illinois High School Student Association, the Second District of the Illinois Appellate Court affirmed a trial court’s grant of a preliminary injunction in favor of an international high school...more

DHS Adopts Regulations Giving Universities and Foreign Students Greater Flexibility

Effective May 29, 2015, the Department of Homeland Security will amend its regulations under the Student and Exchange Visitor Program (SEVP). The change will (1) eliminate existing limits on the maximum number of designated...more

2016 H1B Cap Reached - Alternatives to the H-1B Visa Category

On April 7, 2015, United States Citizenship & Immigration Services (USCIS) announced it received sufficient H-1B petitions to meet the Master's and regular H-1B quotas (or "caps") for Fiscal Year 2016, which begins on October...more

Férias de Verão! - Pensando nas posibilidades do Visto Estudantil

Resumo - Quando se trata de America Latina temos o ditado, “ Por mais que as coisas mudem, mais ficam iguais. Uma das consequências dessa instabilidade política e econômica e incerteza é que os latinos buscam qualquer...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

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

Obama Legalizes Undocumented, Tweaks EB Categories

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more

FICA Payroll Taxes Must Be Withheld From Employees Switching From F-1 To H-1B Status*

As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social Security and Medicare withholding under the Federal Insurance Contributions Act (FICA) to a...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....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

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

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

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more

OSC Provides Guidance on Whether an Employer May Decline to Hire an F-1 Student

On April 30, 2014, the United States Office of Special Counsel (OSC) issued a Technical Assistance Letter (TAL) discussing whether an employer may decline to hire an F-1 student visa holder on Optional Practical Training...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

Immigration Corner: Travel History with the Click of a Button; A Quick-Reference Guide for I-9; Hiring Decisions Impacting F-1...

Customs and Border Protection (CBP) announced a new webpage on May 1 that gives travelers access to the date and port of entry of all arrivals and departures for the last five years. Travel history includes entries made with...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

The Light Went Out On My Star: Don't Lose F-1 Employees While Waiting On H-1B Approval

It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Computer Consulting and Outsourcing Firms Likely to be Targets of I-9 Audits

In light of the recent $34 million settlement between Infosys Limited, an international business and computer consulting company, and U.S. Immigration and Customs Enforcement (ICE) for I-9 and other immigration violations,...more

Issues and Complexities: Evaluating an MLP at 4 Key Points in the IPO Process

Understanding what and when decisions need to be made can help companies ensure a smooth MLP IPO process. The number of master limited partnerships (MLPs) has grown significantly over the past five years, increasing...more

USCIS Clarifies Eligibility Requirements For STEM OPT Extension

A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to...more

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