Students Visas

News & Analysis as of

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

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

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more

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

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

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

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

Extension of post-graduation OPT for STEM students on F-1 visas invalid

On August 12, 2015, in the case of Washington Alliance of Technology Workers v. Department of Homeland Security (DHS), the Federal District Court for the District of Columbia held that a 2008 DHS interim final rule extending...more

Guide To Doing Business In New Zealand: Entry to New Zealand (Updated)

ENTRY TO NEW ZEALAND - A visa or permit is not required to visit New Zealand if the visitor is an Australian citizen, British citizen, or a citizen of a country which has a visa waiver agreement with New Zealand...more

J-1 Training Plan Updates: What Host Companies Should Know

The Department of State issued an updated Form DS-7002, Training/ Internship Placement Plan for the Student and Exchange Visitor Information System (SEVIS), a web-based information system maintained by the Department of...more

School’s Out for Summer! Pondering the Possibilities of the Student Visa

Readers are most likely tired of me reminding everyone how I grew up in the Panama Canal Zone and what a unique and excellent experience it was. It is a fact and experience that lives with me every day that I am on the...more

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students or Foreign National Candidates Currently Abroad

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2015 starting April 1, 2014. The allotted number of H-1B petitions that the USCIS will accept, known as the “H-1B...more

USCIS Clarifies Eligibility Requirements For STEM OPT Extension

A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to...more

USCIS Publishes Interim Policy Memorandum Discussing STEM Extensions

On October 21, 2013, U.S. Citizenship and Immigration Services (USCIS) posted an interim memorandum for comment, entitled “17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students enrolled in...more

USCIS Clarifies How to Get 17-Month STEM OPT Extension

USCIS just issued a policy memo clarifying how F-1 students in OPT status can get a 17-month extension for STEM Degree programs. ...more

What International College Students Need to Know

Across the country, students are preparing for another semester of their college education. Many of these students are international students who are foreign nationals in the U.S. on a visa....more

Traveling outside the United States for F-1 Students during Cap-Gap Extension

As you may know, F-1 students who filed H-1B petitions and were accepted as part of the lottery are eligible for cap-gap extension coverage. This allows F-1 students who have a pending or approved H-1B petition to have their...more

DHS Orders Verification of Foreign Student Visas in Wake of Boston Marathon Bombing

The Department of Homeland Security (DHS) has tightened its screening of international students by ordering border agents to verify the visa validity of F-1 and M-1 foreign students entering the United States. The new...more

Proposed Reform to Fuel Entrepreneurship

In a bid to reduce the loss of talent and jobs to countries like Canada, Chile and the United Kingdom, a bipartisan group of U.S. senators, including Jerry Moran, R-Kan., Mark Warner, D-Va., Chris Coons, D-Del. and Roy Blunt,...more

New SEVIS Release will Address Student and Exchange Visitor Visa Overstays

A new version of the Student and Exchange Visitor Information System (SEVIS) is scheduled to release this spring. The Student and Exchange Visitor Program (SEVP), a faction of U.S. Immigration and Customs Enforcement (ICE),...more

The Immigration Innovation Act

Just days ago, a bipartisan group of U.S. Senators announced their support for a bill that would greatly increase the number of highly-skilled immigrants who could legally enter and reside in the U.S....more

Time to Begin Preparing H-1B Visa Petitions for Foreign Professionals

Employers recruiting foreign students from U.S. universities or professionals from elsewhere in the world should begin planning for March 31, 2013....more

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