News & Analysis as of

Visas OPT

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
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

Littler

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

Littler on

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical...more

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

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Seyfarth Shaw LLP

Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers

Seyfarth Shaw LLP on

Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...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

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

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

Holland & Knight LLP

Employers, Get Ready: H-1B Cap Lottery Season Is Almost Here

Holland & Knight LLP on

Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more

Littler

USCIS Updates Policy Guidance for International Students

Littler on

The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater...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

Akerman LLP - HR Defense

A Modern Approach: USCIS Proposes to Update the H-1B Program

Akerman LLP - HR Defense on

USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

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

Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 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

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

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Holland & Knight LLP

Not Selected in the H-1B Lottery? Now What?

Holland & Knight LLP on

Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more

Quarles & Brady LLP

USCIS Announces Premium Processing Expansion for F-1 OPT and STEM OPT EAD Applications

Quarles & Brady LLP on

The U.S. Citizenship and Immigration Service (USCIS) has announced an expansion of "premium processing" for F-1 foreign students who are seeking employment authorization related to Optional Practical Training (OPT) and...more

Kramer Levin Naftalis & Frankel LLP

U.S. Citizenship and Immigration Services Announces a Phase-In of Premium Processing and New Online-Filing Procedures for Certain...

USCIS has expanded premium processing for certain F-1 students seeking Optional Practical Training (OPT) and STEM OPT extensions. Specifically, for a fee of $1,500, eligible applicants can request that USCIS adjudicate their...more

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

USCIS Expands Premium Processing for Certain F-1 Students

On March 6, 2023, U.S. Citizenship and Immigration Services (USCIS) announced “the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science,...more

Roetzel & Andress

Think Early: How to Prepare for This Year’s New H-1B Filing Season

Roetzel & Andress on

With a shortage of workers in many sectors of the U.S. professional labor market, employers continue to seek qualified candidates among the non-U.S.-citizen population, including recent graduates of U.S. colleges. ...more

CDF Labor Law LLP

FY 2024 H-1B Lottery Registration Period Opens March 1

CDF Labor Law LLP on

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...more

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