News & Analysis as of

Foreign Nationals F-1 Visa

Littler

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

Littler on

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

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

Deferred Enforced Departure Announced for Certain Lebanese Nationals

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

Jackson Lewis P.C.

DHS Extends Temporary Protected Status for Haiti to Feb. 2026

Jackson Lewis P.C. on

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

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

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

Jackson Lewis P.C.

USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart

Jackson Lewis P.C. on

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

Littler

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

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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

Fisher Phillips

Immigration Officials Expand Premium Processing to Additional Petitions: What Employers Need to Know

Fisher Phillips on

Companies sponsoring certain foreign national workers may now be able to take advantage of an additional way to receive premium processing of petitions to support their immigration goals. Last month, U.S. Citizenship and...more

Fisher Phillips

Immigration Planning: Top 5 Options for Manufacturing Companies to Hire Foreign Nationals

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The manufacturing industry has been facing a significant skilled labor shortage for years, and the COVID-19 pandemic has only exacerbated this issue. With the industry in constant need of skilled workers, manufacturers often...more

Quarles & Brady LLP

USCIS Announces Premium Processing Expansion for F-1 OPT and STEM OPT EAD Applications

Quarles & Brady LLP on

The U.S. Citizenship and Immigration Service (USCIS) has announced an expansion of "premium processing" for F-1 foreign students who are seeking employment authorization related to Optional Practical Training (OPT) and...more

Littler

USCIS Changes Policy Guidance Regarding Special Student Relief

Littler on

The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR)...more

Fisher Phillips

Snapshot on Life Sciences Industry: Alternate Ways Besides H-1B to Employ Foreign Nationals

Fisher Phillips on

Welcome to FP Snapshot on Life Sciences Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact life science organizations. This...more

Dickinson Wright

Attracting and Retaining Foreign Talent in STEM Fields – Overview of STEM Initiatives

Dickinson Wright on

On July 28, 2022, USCIS published online resources to provide an overview of some temporary and permanent pathways for foreign nationals to remain in the United States (U.S.) and work in the sciences, technology, engineering,...more

Freeman Law

International Students, F-1 Visas, Graduation and . . . Work in the U.S.?

Freeman Law on

Many international students present in the U.S. on an F-1 visa are eager to jump out of the classroom into the U.S. workforce. After graduation, those international students—many of whom come from less fortunate...more

Quarles & Brady LLP

White House Announces Actions to Expand Opportunities to Attract Top STEM Talent

Quarles & Brady LLP on

On January 21, 2022, the White House released a fact sheet entitled “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” announcing several immigration-related policy...more

Tarter Krinsky & Drogin LLP

Biden Administration Expands STEM Fields Relating to Optional Practical Training for International Students

Effective January 21, 2022, the U.S. Department of Homeland Security updated and expanded the list of STEM fields of study falling within the regulatory definition of “STEM field.” The list, known as the “DHS Stem Designated...more

Rivkin Radler LLP

Biden Administration Announces New Policy to Attract and Retain Immigrants in STEM

Rivkin Radler LLP on

The Biden administration announced a series of administrative changes designed to strengthen the nation’s ability to attract global talent. The changes are also designed to strengthen our economy and technological...more

Faegre Drinker Biddle & Reath LLP

Immigration Strategies For Colleges and Universities

U.S. colleges and universities have many visa options that enable them to employ diverse and talented faculty from around the world. This article will introduce the primary nonimmigrant (temporary) visa categories used by...more

Faegre Drinker Biddle & Reath LLP

Visa Options and Immigration Strategies for Manufacturers - Update

This alert was originally published on February 5, 2019. It has been updated as of June 23, 2021. Many visa options exist to enable U.S. manufacturing companies to employ talented professionals, researchers and managers...more

Littler

U.S. Department of State Announces More Flexible National Interest Exemptions for Students and Academic Travelers

Littler on

On April 26, 2021, the U.S. Department of State issued updated guidance on “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” which should...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

Dunlap Bennett & Ludwig PLLC

Students and COVID-19 Related Immigration Developments

Students need to be aware of the current state of Student and Exchange Visitor Program (SEVP) guidance during the pandemic, various COVID-19-related travel bans, as well as the operating statuses of embassies and consulates...more

Faegre Drinker Biddle & Reath LLP

Immigration and Employment Considerations for Nonprofit Organizations

Nonprofit tax-exempt organizations have unique considerations with respect to navigating U.S. immigration processes and entity formation. Organizations hiring new talent or bringing employees across borders need to be aware...more

Smith Gambrell Russell

New DOS Policy Makes National Interest Exceptions Harder to Obtain for Foreign Nationals Subject to European COVID-19 Travel Ban

On March 2, 2021, the U.S. Department of State (DOS) announced new and more restrictive eligibility criteria for obtaining a National Interest Exception (NIE) to the COVID-19 travel bans for the European Schengen Area, the...more

Littler

Biden Administration Unveils Immigration Reform Bill

Littler on

Last week, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was introduced in the House and Senate. As officials in the administration initially reported, the provisions for the...more

Dickinson Wright

THE PERM PUZZLE: Putting the Pieces Together Toward a Successful Labor Certification Process

Dickinson Wright on

Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...more

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