Form F-1 United States Citizenship and Immigration Services H-1B

News & Analysis as of

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

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

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

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

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

H-1B Filing Season Is Here

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

Immigration Update: 'Tis the season to prepare for H-1B petition filing

On April 1, 2016, USCIS will begin accepting cap subject H-1B visa petitions for a start date of October 1, 2016. Due to the high demand for H-1B visas, we encourage employers to identify any employees who may require initial...more

Holiday Planning Should Include H-1B Cap Planning

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

Federal Court Vacates STEM Extension Program

Current STEM OPT holders not affected until February 2016. A federal judge's ruling earlier this month invalidated the 17-month extension of optional practical training (OPT) for international students in the science,...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2015

Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies

On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the...more

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

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

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

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

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

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

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

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