Science Technology Engineering Math 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

DHS Releases Published F-1 Visa STEM OPT Regulation

On March 11, 2016, the US Department of Homeland Security (DHS) published the final regulation for F-1 nonimmigrant students on optional practical training (OPT) with degrees in science, technology, engineering, or...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

DHS Issues STEM OPT Final Rule

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

Information about H-1B Filings FY2017

The H-1B “cap” petition filing deadline is quickly approaching. As a reminder, this is the national deadline for submitted petitions to sponsor workers in “specialty occupations” for those positions that are subject to the...more

Final STEM OPT Rule Released - Effective May 10, 2016

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

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

DHS Extends OPT Period to Improve Opportunities for F-1 Visa STEM Students

The Department of Homeland Security published a final rule in the Federal Register on March 11, 2016 that will allow certain international students to stay and work in the United States on their student visas as long as three...more

New DHS Rule Creates Extended Work Authorization for STEM Graduates - Side Benefit is a Potential H-1B Workaround

On March 11, 2016, the Department of Homeland Security issued a long-anticipated final rule allowing certain foreign students with science, technology, engineering and math (STEM) degrees earned in the U.S. to extend their...more

STEM OPT Period Extended to Three Years

Department of Homeland Security has issued a final rule, effective May 10, 2016, allowing foreign students with science, technology, engineering, or math (STEM) degrees to extend their optional practical training or "OPT"...more

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

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

Last Call for New Cap H-1Bs and International Student STEM Optional Practical Training Changes

April 1 is the filing date for new H-1B cap subject applications. There is a 7-day process that must be completed through Department of Labor prior to filing. If you have any potential H-1B petitions (foreign students on...more

DHS Announces Final Rule on STEM OPT Employment Authorization

The final rule adds employer obligations to the STEM OPT program. The US Department of Homeland Security has released an advance version of its long-anticipated final rule that expands employment authorization for...more

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more

H-1B Cap Season, Denial of STEM OPT Rule, Amendments to Visa Waiver Program, March Visa Bulletin

A foreign national qualifies for H-1B status if he/she holds at least a U.S. Bachelor's Degree (or equivalent) relevant to the field in which he/she will be working, and the position normally requires at least a Bachelor's...more

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

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

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

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

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

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

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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