News & Analysis as of September 22, 2024

United States Citizenship and Immigration Services › Department of Homeland Security (DHS) › OPT

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

DHS Updates STEM Designated Degree Program List for 24-Month STEM OPT Extensions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/7/2024

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

Talent Without Borders: Immigration Insights – August-September 2023

Holland & Hart - Employers' Lawyers on 8/17/2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

DHS Expands STEM OPT Fields for International Students

Gibney Anthony & Flaherty, LLP on 7/24/2023

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

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

Fisher Phillips on 3/3/2022

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

New USCIS Flexibility Benefits For Foreign Students With OPT Work Authorization

Constangy, Brooks, Smith & Prophete, LLP on 3/8/2021

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

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

Jackson Lewis P.C. on 11/12/2020

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

Impact of COVID-19 on F-1 students seeking OPT

Mintz - Immigration Viewpoints on 5/13/2020

The coronavirus pandemic has caused unprecedented disruptions and damage across the world, and its grave impact has been felt acutely by international students in the United States. For the 2018-19 academic year, the U.S. saw...more

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

Pullman & Comley - Labor, Employment and... on 3/22/2020

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on 12/5/2018

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

USCIS Reverses Course, Allows STEM OPT Students to Work at Third-Party Sites

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/24/2018

U.S. Citizenship and Immigration Services (USCIS) has revised its website and announced that it will now allow F-1 students participating in the optional practical training (OPT) extension for individuals in science,...more

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

Tarter Krinsky & Drogin LLP on 5/30/2018

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

Recent Changes To USCIS Policies May Impact Foreign Students

Haynsworth Sinkler Boyd, P.A. on 5/30/2018

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

The Trump Administration's Efforts To Rein In H-1B Visas - What You Need To Know

Tarter Krinsky & Drogin LLP on 5/14/2018

The H-1B visa category has been modified many times over the past 65 years. H-1B visas facilitate the entry of foreign national professionals, while also providing safeguards that maintain the integrity of the U.S. labor...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/26/2018

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

Feeling Discouraged About Immigration?

Miles & Stockbridge P.C. on 9/26/2017

Feeling Discouraged About Immigration? You are not alone. Many agree that the U.S.’s current immigration system is in need of comprehensive legislative reform....more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on 2/22/2017

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

Littler on 2/6/2017

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

FordHarrison on 2/2/2017

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

September 2016 Special Immigration Alert

Epstein Becker & Green on 9/27/2016

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

2016 Business Immigration Updates – Getting Through the Long Days of Summer

Faegre Drinker Biddle & Reath LLP on 8/5/2016

August ushers in a host of immigration-related news and updates, ranging from fine increases to wait times for visa appointments. Stay up-to-date with some quick notes on these issues. DOJ Fines Increase as of August 1,...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/3/2016

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

Immigration Update: Rule Changes for International Student Workers

Burr & Forman on 5/19/2016

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

New 24-Month F-1 STEM OPT Extension Rule Now Effective; Employers Required to Implement Training Plan for Eligible F-1 STEM OPT...

Faegre Drinker Biddle & Reath LLP on 5/17/2016

The long-awaited final rule on the F-1 STEM (Science, Technology, Engineering and Math education) Optional Practical Training (OPT) Extension, authorizing a new 24-month STEM extension for qualified foreign students, took...more

Ready or not, the new STEM OPT rule is in play!

Franczek P.C. on 5/16/2016

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

U.S. Government Expands Job Opportunities for Foreign STEM Students

Obermayer Rebmann Maxwell & Hippel LLP on 5/5/2016

As HR Legalist has reported, the H-1B Cap has been met for FY2017. USCIS received over 236,000 petitions. From among this number were selected the congressionally mandated limit of 65,000 regular cap H-1B petitions, and an...more

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United States Citizenship and Immigration Services › Department of Homeland Security (DHS) › OPT

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