News & Analysis as of

Students OPT

Gibney Anthony & Flaherty, LLP

USCIS Updates Guidance for International Student Visa Classifications

USCIS provided updated guidance in the USCIS Policy Manual with regard to the F-1 and M visa classifications utilized by international students for vocational, graduate and post-graduate study at U.S. academic institutions....more

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Jackson Lewis P.C.

USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart

Jackson Lewis P.C. on

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more

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

USCIS Issues New Guidance on F and M Student Visa Classifications

On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on F and M nonimmigrant student classifications....more

Gibney Anthony & Flaherty, LLP

Premium Processing Available for Certain F-1 EAD Applications

OVERVIEW As previously forecasted, USCIS has now expanded premium processing service to I-765, Applications for Employment Authorization, filed by certain F-1 students seeing work authorization in connection with Optional...more

CDF Labor Law LLP

USCIS to Accept Electronic I-765 OPT EAD Applications

CDF Labor Law LLP on

The USCIS is modernizing its processes and moving towards electronic filing for student work documents.  On April 12, 2021, USCIS announced that it will begin accepting Form I-765 Application for Employment Authorization...more

Jackson Lewis P.C.

Optional Practical Training Program For F-1 Students (OPT) Is Not Illegal, Judge Rules

Jackson Lewis P.C. on

The Optional Practical Training Program for F-1 students (OPT) is not illegal, a federal judge has ruled in a case brought by Washington Alliance of Technology Workers (Washtech), a union representing workers in science,...more

Harris Beach PLLC

Part 3: Small Changes in Immigration Policies with Respect to International Students Have Major Impact

Harris Beach PLLC on

In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more

Epstein Becker & Green

October 2018 Special Immigration Alert

Epstein Becker & Green on

USCIS Begins Implementing Notices to Appear for Denied Petitions and Applications - As of October 1, 2018, U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Notices to Appear (“NTA”) in accordance with...more

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

Immigration Policy Changes Leave Employers Wishing USCIS Took a Summer Vacation

There were no lazy days of summer to be had in 2018—at least not when it came to the introduction of new immigration policies by the Trump administration. The momentum with which it announced and implemented new policies over...more

Robinson & Cole LLP

New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

Robinson & Cole LLP on

The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training...more

Gerald Nowotny - Law Office of Gerald R....

Adeus, Brasil! - Parte 2

Analisando as possibilidades do visto de estudante como uma solução rápida e barata para uma mudança temporária para os EUA. - Descrição geral - Na Parte I desta série, explorei o uso do visto L1-A como um método...more

Arnall Golden Gregory LLP

“H-1B Season” to begin April 1, 2016 – Employer Action Needed Now

USCIS Will Complete the H-1B Cap Random Selection Process on April 7th - NOW is the time to identify employees who may need H-1B status to continue working in the United States and begin preparations to file an H-1B petition...more

Morgan Lewis

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

Morgan Lewis on

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

Bond Schoeneck & King PLLC

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

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

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

Bradley Arant Boult Cummings LLP

Department of Homeland Security Regulation Benefitting STEM Employers Thrown into Question

A federal district judge recently issued a 37-page decision vacating a 2008 Department of Homeland Security (DHS) regulation that has helped thousands of U.S. companies hire and retain foreign students holding U.S. degrees in...more

Franczek P.C.

Work Program for Foreign Students: Changes are in the Offing After a Federal Judge Curtails the Program

Franczek P.C. on

On August 12, 2015, a federal judge in Washington D.C. ruled that the Department of Homeland Security (DHS) improperly enacted a 2008 rule extending “Optional Practical Training” (OPT) for eligible foreign students in STEM...more

Seyfarth Shaw LLP

District Court Vacates F-1 STEM OPT Rule and Provides DHS With Six Months to Cure Defect

Seyfarth Shaw LLP on

On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more

Mintz

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

Mintz on

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

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