News & Analysis as of

Form F-1

Court Ruling on DHS STEM OPT Extension Rule Expected Soon

by Jackson Lewis P.C. on

A motion to dismiss a lawsuit challenging the U.S. Department of Homeland Security’s new rule governing the Science, Technology, Engineering, and Math (STEM) Optional Practical Training (OPT) program has been granted in part...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

by Mintz Levin on

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility valid to April 1, 2017 or later, and an H-1B filing on your behalf has been...more

No Premium Processing for April 2017 H-1B Petitions

The United States Citizenship & Immigration Services announced on Friday, March 3, 2017, that effective April 3, 2017, it will suspend premium processing of H-1B petitions, for an expected six months. Its stated reason for...more

USCIS Suspends Premium Processing for ALL H-1B Petitions

by Foley Hoag LLP on

Late Friday, March 3, the United States Citizenship and Immigration Services (USCIS) announced that it was indefinitely suspending premium processing for ALL H-1B petitions filed on or after April 3, 2017. This suspension...more

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....more

New 24-Month F-1 STEM OPT Extension Rule Now Effective; Employers Required to Implement Training Plan for Eligible F-1 STEM OPT...

by Faegre Baker Daniels on

The long-awaited final rule on the F-1 STEM (Science, Technology, Engineering and Math education) Optional Practical Training (OPT) Extension, authorizing a new 24-month STEM extension for qualified foreign students, took...more

Immigration Update: H-1B Cap FY2017 and Aftermath; Adjudicating the L-1A Functional Manager Petition Requires Consideration of...

by Baker Donelson on

The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more

New STEM OPT Extension Program Requirements

by Cohen & Grigsby, P.C on

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program will take effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for...more

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

by Davis Brown Law Firm on

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

by Baker Donelson on

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

DHS Issues STEM OPT Final Rule

by Littler on

The U.S. Department of Homeland Security ("DHS") recently issued its long-awaited F–1 nonimmigrant student visa regulations on optional practical training (“OPT”) for certain students with degrees in science, technology,...more

Converting 17-Month STEM OPT to 24-Month STEM OPT Under New Regulations Commencing May 10, 2016

by Fisher Phillips on

Starting May 10, 2016, a new regulation published last month by the U.S. Department of Homeland Security (DHS) takes effect which increases the work authorization extension period from 17 to 24 months for F-1 students holding...more

STEM OPT Extension Will Increase To 24 Months, But Imposes New Obligations On Employers

On March 11, the U.S. Department of Homeland Security published a new rule reauthorizing Optional Practical Training for F-1 nonimmigrant students with qualifying degrees in science, technology, engineering or mathematics...more

STEM OPT Guidance for E-Verify Employers

by Seyfarth Shaw LLP on

On March 10, 2016 the Department of Homeland Security (“DHS”) published the long-anticipated final STEM Optional Practical Training (“OPT”) rule, which will take effect on May 10, 2016. ...more

Availability of New STEM OPT Extensions Limited to Certain Students

by Morgan Lewis on

Students with existing OPT grants must have at least 150 days of this grant remaining before seeking a further extension under the new rule....more

DHS Releases New F-1 STEM OPT Regulations

by Epstein Becker & Green on

On March 11, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited final rule (the “2016 Rule”) allowing F-1 graduates to extend their Optional Practical Training (“OPT”) period if they have a degree in...more

Final STEM OPT Rule Released - Effective May 10, 2016

by Barley Snyder on

The U.S. Department of Homeland Security has issued a final rule that allows foreign graduates of Science, Technology, Engineering, and Math (“STEM”) programs from U.S. universities an additional 24 months of F-1 Optional...more

Immigration Bulletin – USCIS Announces New STEM OPT Regulations

by Cohen & Grigsby, P.C on

The U.S. Citizenship & Immigration Services (USCIS) has issued new F-1 student visa regulations that increase the amount of Optional Practical Training (OPT) employment authorization available to foreign students with...more

Breaking News: DHS Publishes New STEM OPT Rule with effective date of May 10, 2016

by Franczek Radelet P.C. on

On March 10, 2016, the Department of Homeland Security published the new STEM Optional Practical Training (“OPT”) final rule in the Federal Register. The effective date of this new final rule is May 10, 2016, the date that...more

Orrick's Financial Industry Week in Review

SEC Reopens Comment Period for Proposed Amendments to Rule 13n-4 under the Securities Exchange Act of 1934 - On January 15, the Securities and Exchange Commission reopened the comment period for proposed amendments to...more

SEC Approves Interim Final Rules Implementing Two Provisions of the FAST Act

On January 13, the Securities and Exchange Commission announced that it approved interim final rules implementing two provisions of the Fixing America’s Surface Transportation (FAST) Act, adopted by Congress in December, that...more

Update on STEM OPT Extension Rule

by Littler on

A February 12, 2016, court-imposed deadline to determine the fate of certain student work permits is fast approaching. At this point, it is unclear whether the U.S. Department of Homeland Security (DHS) will be able to meet...more

H-1B Cap Filing Season Begins on April 1, 2016

by Miles & Stockbridge P.C. on

On Friday April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. It is critical that employers begin preparation as soon as possible for...more

New SEC Rules re: Forms S-1 and F-1

by Sullivan & Worcester on

As described in our client advisory, the recently enacted FAST Act required the SEC, within 45 days, to revise Form S-1 (and F-1) to permit any smaller reporting company to incorporate by reference in a Form S-1 any documents...more

H-1B Filing Season Is Here

by Morgan Lewis on

Now is the time for employers to assess their FY2017 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2016, US Citizenship and Immigration Services (USCIS) will begin accepting...more

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