F-1 Visas

News & Analysis as of

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On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more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

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

Justice Department Settles Citizenship Status Discrimination Claim

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more

USCIS Publishes Interim Policy Memorandum Discussing STEM Extensions

On October 21, 2013, U.S. Citizenship and Immigration Services (USCIS) posted an interim memorandum for comment, entitled “17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students enrolled in...more

USCIS Clarifies How to Get 17-Month STEM OPT Extension

USCIS just issued a policy memo clarifying how F-1 students in OPT status can get a 17-month extension for STEM Degree programs. ...more

What International College Students Need to Know

Across the country, students are preparing for another semester of their college education. Many of these students are international students who are foreign nationals in the U.S. on a visa....more

Supreme Court’s DOMA Ruling Provides New Immigration Opportunities for Same-Sex Spouses

The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for...more

Traveling outside the United States for F-1 Students during Cap-Gap Extension

As you may know, F-1 students who filed H-1B petitions and were accepted as part of the lottery are eligible for cap-gap extension coverage. This allows F-1 students who have a pending or approved H-1B petition to have their...more

Temporary Non-Immigrant Visas: Beyond The Basics

Foreign nationals must meet the regulatory requirements for admission into the U.S. in nonimmigrant status. The purpose of this paper is to provide the Top 10 things to consider with respect to the most common nonimmigrant...more

2014 H-1B Filing Season Starts April 1st

Why is April 1, 2013 Important? - April 1, 2013 is the first day on which U.S. Citizenship and Immigration Services ("USCIS") may receive H-1B specialty worker petitions for the next fiscal year that begins on October 1,...more

Immigration Reforms and Updates from DHS and DOS

In a press release dated January 31, the Department of Homeland Security (DHS) announced a number of proposed administrative reforms designed to enable the United States to attract and retain highly skilled foreign...more

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