News & Analysis as of

Department of Homeland Security (DHS) Foreign Students F-1 Visa

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

Seyfarth Shaw LLP on

Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Troutman Pepper Locke

Show Me the Money: Navigating the House Settlement for International Students

Troutman Pepper Locke on

One major issue underlying the pending House v. NCAA settlement is its impact on international students on F-1 student visas (academic student). As analyzed in a previous episode of Highway to NIL, if approved, the House...more

Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...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

Jackson Lewis P.C.

Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

Jackson Lewis P.C. on

As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic...more

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

DHS Relaxes Employment Authorization Rules for Ethiopian and Palestinian F-1 Students

Because of ongoing conflicts in Ethiopia and Gaza, the U.S. Department of Homeland Security (DHS) announced relaxed employment authorization standards for Ethiopian and Palestinian F-1 students who are eligible for work...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

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

Jackson Lewis P.C.

Optional Practical Training Programs for F-1 Students Are Valid, Federal Appeals Court Held

Jackson Lewis P.C. on

In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more

Freeman Law

International Students and Their Dependents — F-2 Visas and Work and Study Authorization

Freeman Law on

On April 30, 2022, Freeman Law posted my blog that provided a brief overview of international students in the U.S. pursuant to an F-1 visa and the limited circumstances under which those visa-holders may work in the U.S. See...more

Tarter Krinsky & Drogin LLP

Biden Administration Expands STEM Fields Relating to Optional Practical Training for International Students

Effective January 21, 2022, the U.S. Department of Homeland Security updated and expanded the list of STEM fields of study falling within the regulatory definition of “STEM field.” The list, known as the “DHS Stem Designated...more

Akin Gump Strauss Hauer & Feld LLP

Inside The Immigration Reform Bill's Business Provisions

The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif. The bill is a key element of the president's...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

Cozen O'Connor

Foreign Students Can Remain in the U.S. Even if All Classes Will Be Online

Cozen O'Connor on

On July 14, 2020, the Trump administration agreed to rescind a July 6, 2020, directive that planned to bar foreign students from the United States if their colleges canceled in-person instruction during the COVID-19 pandemic....more

Seyfarth Shaw LLP

Trump Administration Defrosts ICE’s International Student Directive

Seyfarth Shaw LLP on

The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement...more

Littler

Bar on Online-Only Nonimmigrant Students Faces Court Scrutiny

Littler on

National universities and states across the country filed multiple federal lawsuits this week seeking to invalidate and enjoin implementation of the Student and Exchange Visitor Program’s (SEVP) Fall 2020 COVID-19 Guidance,...more

FordHarrison

DHS Rescinds Policy Change on Temporary COVID-19 Exemptions for Certain International Students

FordHarrison on

After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary...more

Bass, Berry & Sims PLC

Lawsuit Seeks to Enjoin ICE Rule that Would Rescind Visas for International Students Pursuing Online Only Courses

Bass, Berry & Sims PLC on

Earlier this week, the Massachusetts Institute of Technology (MIT) and the president and fellows of Harvard College (Harvard) filed a lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs...more

Pullman & Comley - Labor, Employment and...

Universities: Watch Out for Lost Student Work Authorization as a Result of New Ban on Remote Learning under F-1 Visas

On July 6, 2020, the U.S. Department of Homeland Security issued a new rule that bars foreign students from using F-1 and M-1 visas to participate in programs that are being conducted remotely as a result of the coronavirus...more

FordHarrison

DHS Rolls Back Some Temporary COVID-19 Exemptions for Certain International Students

FordHarrison on

Executive Summary: The U.S. Department of Homeland Security (DHS) recently announced that it is rolling back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status that allowed...more

Mintz - Immigration Viewpoints

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

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

Carlton Fields

DHS Guidance on Remote Learning and SEVIS Reporting Requirements for Foreign Students

Carlton Fields on

The Student and Exchange Visitor Program (SEVP) is the Department of Homeland Security program that administers the Student and Exchange Visitor Information System (SEVIS). SEVP manages data related to nonimmigrant students...more

Jackson Lewis P.C.

Inspection Of Employers Using STEM OPT F-1 Student Beginning, DHS Announces

Jackson Lewis P.C. on

Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers...more

Jackson Lewis P.C.

U.S. Government’s Fake Universities Net F-1 Foreign Students, Recruiters

Jackson Lewis P.C. on

For some time now, the U.S. has been on the lookout for students who enroll in graduate programs solely for the purpose of obtaining additional CPT (Curricular Practical Training), particularly when they do not “win” the H-1B...more

Harris Beach Murtha PLLC

Part 2: Small Changes in Immigration Policies with Respect to International Students Have Major Impact

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

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