Science Technology Engineering Math

News & Analysis as of

H-1B Helps Employers Obtain Workers with Specialty Skills

Locating highly skilled, uniquely talented workers can be very difficult for some employers in the United States. In fact, year after year the demand for workers with so-called STEM (science, technology, engineering and...more

Court Extends Vacatur on OPT Extensions for STEM Students

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they...more

Emergency Action Taken to Extend STEM OPT Program Rule Through May 2016

As reported in our November 2, 2015 blog post, the present STEM OPT rule which allows F-1 students with U.S. degrees in science, technology, engineering or mathematics (STEM) to extend their optional practical training (OPT)...more

Obama’s Executive Actions on Immigration: An Update to Two Key Initiatives Designed to Enhance the Employment of Highly Skilled...

In November 2014, President Obama issued a number of executive actions designed to make significant changes to the U.S. immigration system. The most controversial initiatives were the deferred action policies aimed at...more

DHS’s Deadline to Promulgate Final STEM OPT Regulations Extended to May 10, 2016

On January 23, 2016, the U.S. District Court for the District of Columbia granted the Department of Homeland Security’s (DHS) request to extend the deadline to finalize the new set of Optional Practical Training (OPT)...more

STEM OPT Update: Program Remains Valid Through May 10, 2016

On January 23, 2016, the U.S. District Court for the District of Columbia granted a motion to extend the stay of vacatur of the current STEM Optional Practical Training (OPT) program until May 10, 2016, providing the...more

Court Allows DHS Until May 10, 2016, to Issue New STEM OPT Rule

The U.S. District Court for the District of Columbia gave the Department of Homeland Security (DHS) until May 10, 2016, to correct the procedural defects to its STEM OPT rule. The prior deadline had been February 12, 2016, to...more

April 1, 2016 - H-1B “Lottery” Begins Again!

USCIS to accept new H-1B filings beginning April 1, 2016. Filing by April 7th will be critical: U.S. Citizenship and Immigration Services will start accepting filings of new H-1B petitions on April 1st for the fiscal year...more

January 2016 Immigration Alert

I. U.S. Supreme Court to Rule on Obama Immigration Plan - On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more

DHS is granted an extension of existing STEM OPT rule through May 12, 2016

To the relief of thousands of foreign nationals and many U.S. businesses and higher education institutions, on January 23, 2016, the federal district court in Washington D.C. presiding over Washington Alliance of Technology...more

Breaking Immigration News: F-1 OPT STEM Decision Extended Until May 10, 2016; Gives DHS Additional Time to Implement Final Rule

On January 23, 2016, Judge Huvelle of the U.S. District Court for the District of Columbia granted a motion to extend the current stay of her prior order which will allow the Department of Homeland Security (DHS) to utilize...more

Good News for F-1 International Students: STEM OPT Authorization Allowed Beyond February 12

Federal court rules to allow limited relief of court’s order to May 10, 2016. On January 23, Federal Court Judge Ellen Segal Huvelle granted a request by the US Department of Homeland Security (DHS) to delay the possible...more

Immigration Update: Court grants government extension request for OPT STEM rule

An update to the notice we posted last week about the ongoing STEM OPT litigation: The court, in Washington Alliance of Technology Workers v. U.S. Dept. of Homeland Security, granted the government (Department of...more

District Court Extends Validity of F-1 STEM Rules Until May 10, 2016

On January 23, 2016, the district court in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (D.C.D.C.), issued an order staying its prior decision to vacate the...more

Update on STEM OPT Litigation

Many of you are following the STEM OPT saga closely. As the original deadline of February 12, 2016, approaches, we are providing this brief update. As background, the OPT (optional practical training) program is part...more

Update on STEM OPT Extension Rule

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

Immigration Law Updates - January 5, 2016

Following are recent and/or anticipated changes to United States immigration laws, which may impact our clients: Proposed Changes to the Visa Waiver Program Following Terror Concerns - In the aftermath of the Paris...more

New Department of Homeland Security Regulation Aims to Preserve and Enhance STEM OPT Program for Nonimmigrant Students and U.S....

On October 19, 2015, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register regarding optional practical training (OPT) extensions for F-1 students with U.S. degrees...more

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,...more

DHS Publishes STEM OPT Rule - Potential New Benefits and Requirements

On Monday, October 19, 2015, the Department of Homeland Security (“DHS”) published its eagerly anticipated STEM Optional Practical Training (“OPT”) rule in the Federal Register for a 30-day comment period ending on November...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

Immigration Updates: USCIS Announces Yet Another Change to the Visa Bulletin and STEM Graduates Granted a Reprieve by DHS

In our September 16th blog posting, we discussed the updated Visa Bulletin which provided a new chart for would-be immigrants. The new chart provides Dates for Filing Applications, or the earliest dates when an applicant may...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

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