News & Analysis as of

Foreign Students

Gibney Anthony & Flaherty, LLP

USCIS Updates Guidance for International Student Visa Classifications

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

Littler

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

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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

BakerHostetler

International Student-Athletes and Their Eligibility for NIL Partnerships

BakerHostetler on

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

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

Law School Toolbox

Bar Exam Toolbox Podcast Episode 273: Quick Tips -- Mastering the Bar Exam as an ESL or Foreign-Trained Student

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Welcome back to the Bar Exam Toolbox podcast! In this episode, we highlights the unique challenges that ESL and foreign-trained attorneys face while studying for the bar exam, and we provide tips to address and overcome these...more

Jackson Lewis P.C.

Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

Jackson Lewis P.C. on

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

Littler

Canada Announces Increase in Off-campus Work Hours for Study Permit Holders

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On April 29, 2024, The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced that effective the fall semester 2024, international students holding a valid study permit will be permitted to work...more

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

DHS Relaxes Employment Authorization Rules for Ethiopian and Palestinian F-1 Students

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

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

NCAA Athletes as Employees Could Raise Immigration Concerns for International Students

A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of...more

Jackson Lewis P.C.

Number of Chinese Students at U.S. Universities Drops

Jackson Lewis P.C. on

Chinese students make up the majority of international students in the United States. However, the number of Chinese students in U.S. universities has dropped from a high of 370,000 in 2019 to about 290,000 today....more

Fox Rothschild LLP

The Immigration Impact of the “Unionized” Foreign Athlete

Fox Rothschild LLP on

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

Seyfarth Shaw LLP

February 2024 Global Immigration Alert

Seyfarth Shaw LLP on

Canada – Student Program: Immigration, Refugees, and Citizenship Canada (IRCC) announced significant alterations to the international student program on January 22, 2024. These include a new cap on study permit approvals for...more

Littler

USCIS Updates Policy Guidance for International Students

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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

Laner Muchin, Ltd.

Now is the Time to Start Preparing for the H-1B Cap Lottery for Foreign Students or International Candidates

Laner Muchin, Ltd. on

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B lottery registrations, known as the H-1B Cap Lottery, for Fiscal Year 2025 starting in March of 2024 (exact dates to be announced)....more

Warner Norcross + Judd

Time to Get Ready for the H-1B Filing Season

Warner Norcross + Judd on

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

Jackson Lewis P.C.

USCIS Clarifies Policy Guidance for International Students in F, M Status

Jackson Lewis P.C. on

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

Cohen Seglias Pallas Greenhall & Furman PC

International Student Guide: Encounters with Law Enforcement

As international students embark on their educational journey in the United States, they are not only exposed to a diverse academic landscape but also encounter a different legal system. Understanding how to navigate...more

Seyfarth Shaw LLP

January 2024 Global Immigration Alert

Seyfarth Shaw LLP on

Please note, while we address some country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand today. We highly recommend reviewing any global mobility...more

UB Greensfelder LLP

Good News From USCIS For International Students

UB Greensfelder LLP on

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

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

Jackson Lewis P.C.

New USCIS Policy Guidance on Two-Year Home Residence Requirement for J Nonimmigrant Classification

Jackson Lewis P.C. on

USCIS has issued new policy guidance explaining how it determines whether a beneficiary has met the two-year home residence requirement applicable to nonimmigrant exchange visitors in J status....more

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

Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...more

Jackson Lewis P.C.

What Happens to the Immigration Agencies When the Government Shuts Down? - September 2023

Jackson Lewis P.C. on

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1....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

Littler

DHS Announces Updated STEM Designated Degree Program List

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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

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