News & Analysis as of

Science Technology Engineering Math Department of Homeland Security (DHS) Foreign Students

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

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

Littler on

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

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

STEM OPT Update: Additional Degree Fields Now Eligible for 24-Month Extension

On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight new qualifying fields of study to the STEM Designated Degree Program List. F-1 nonimmigrant students who complete certain programs of study in the...more

Gibney Anthony & Flaherty, LLP

DHS Expands STEM OPT Fields for International Students

On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight fields of study to the Designated Degree Program List qualifying F-1 students to secure a STEM OPT (science, technology, engineering, mathematics...more

Jackson Lewis P.C.

Optional Practical Training Programs for F-1 Students Are Valid, Federal Appeals Court Held

Jackson Lewis P.C. on

In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more

Fisher Phillips

Federal Immigration Officials Make More International Students Eligible for STEM Training Program to Delight of Employers

Fisher Phillips on

The Department of Homeland Security recently added 22 new qualifying fields of study to its STEM Designated Degree Program List, which will greatly expand opportunities for international students to remain in the U.S. – and...more

Baker Donelson

U.S. Takes Actions to Attract STEM Talent

Baker Donelson on

On January 21, 2022, the Biden Administration announced that it would take actions to attract STEM (science, technology, engineering and math) talent to the U.S. in furtherance of its efforts to remove barriers to legal...more

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

DHS Expands STEM-Designated Degree Program List

F-1 nonimmigrant students who have U.S. degrees in certain programs in the fields of science, technology, engineering, or mathematics (STEM) are eligible to apply for a twenty-four-month extension of Optional Practical...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

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Flexibility Benefits For Foreign Students With OPT Work Authorization

Last week, the U.S. Citizenship and Immigration Services announced changes that will be good news for foreign students seeking Optional Practical Training in areas related to their major areas of study. First, the 14...more

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

Federal Court Decision Saves Work Authorization Program for International Students with STEM Degrees

On November 30, 2020, a federal district judge in the matter of Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, et al., No. 16-1170, issued an order to uphold the Obama-era program...more

Jackson Lewis P.C.

DHS Arrests 15 Individuals On OPT, Continues High Scrutiny Of Foreign Students, Warns University DSOs

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has announced the arrest of 15 individuals who claimed to work on Optional Practical Training (OPT) for nonexistent companies. In addition, USCIS notified 700 OPT recipients suspected...more

Poyner Spruill LLP

Site Visits by ICE are Now a Reality for Employers Hiring some Student Visa Holders - New Compliance Limited to STEM Graduates on...

Poyner Spruill LLP on

The U.S. Department of Homeland Security (DHS) has instituted a new compliance activity which could surprise the unprepared employer who has hired a recent graduate on Optional Practical Training (OPT). The site visits are...more

Jackson Lewis P.C.

Inspection Of Employers Using STEM OPT F-1 Student Beginning, DHS Announces

Jackson Lewis P.C. on

Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers...more

Jackson Lewis P.C.

Challenge To DHS Authority To Issue STEM OPT Extension Rule May Proceed, Court Rules

Jackson Lewis P.C. on

The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v....more

Jackson Lewis P.C.

U.S. Government’s Fake Universities Net F-1 Foreign Students, Recruiters

Jackson Lewis P.C. on

For some time now, the U.S. has been on the lookout for students who enroll in graduate programs solely for the purpose of obtaining additional CPT (Curricular Practical Training), particularly when they do not “win” the H-1B...more

Tarter Krinsky & Drogin LLP

For Students In The United States On Visas, USCIS Policy Change Brings New Risks

A new policy memo governing accrual of unlawful status is poised to impact students staying in the United States with significant immigration consequences if they fail to comply with new, punitive rules. On May 10, 2018,...more

Haynsworth Sinkler Boyd, P.A.

Recent Changes To USCIS Policies May Impact Foreign Students

Earlier this month, United States Citizenship and Immigration Services (USCIS) made two changes affecting foreign students – (1) calculating unlawful presence for students in the U.S. and (2) third-party placements for STEM...more

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

USCIS New Policy Shuts Down STEM OPT Training at Third Party Sites

The extension of the Optional Practical Training (OPT) program for international students with degrees in science, technology, engineering, and mathematics (STEM) allows eligible students to apply to extend their...more

Foley Hoag LLP

New Portal for F-1 International Students and an Update on Potential Changes to OPT Rules

Foley Hoag LLP on

International students studying in the U.S. (typically in F-1 nonimmigrant status) must comply with many federal regulations while studying and working in the U.S. Much of their information is coordinated through their...more

Jackson Lewis P.C.

Court Ruling on DHS STEM OPT Extension Rule Expected Soon

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

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

STEM OPT 7-Month Extension Application Deadline Coming Up on Monday, August 8

On March 11, 2016, U.S. Department of Homeland Security (DHS) published a final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics...more

Cozen O'Connor

SEVP Issues STEM Designated Degree Program List

Cozen O'Connor on

The Student and Exchange Visitor Program (SEVP) has created a STEM Designated Degree Program list, which includes the fields of study that the Department of Homeland Security considers to be science, technology, engineering...more

Foley & Lardner LLP

DHS Extends Time Period for STEM OPT Employment Authorization

Foley & Lardner LLP on

As of May 2016, the Department of Homeland Security (DHS) has expanded the time period during which a foreign student with a degree from a U.S. university in a science, technology, engineering, or mathematics (STEM) field may...more

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