Harvard/MIT Student Visa Case
Nota Bene Episode 77: Labor, Employment, and Immigration in a Pandemic World with Kelly Hensley, Denise Giraudo, and Greg Berk
It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding F and M students, including USCIS’s role in adjudicating applications for employment authorization, change of status, extension of stay,...more
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
On January 21, 2022, the White House released a fact sheet entitled “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” announcing several immigration-related policy...more
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
Last week, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was introduced in the House and Senate. As officials in the administration initially reported, the provisions for the...more
Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more
Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more
The Trump Administration has talked about reforming the F-1 Optional Practical Training (OPT) program for years. It first appeared on the 2017 DHS Regulatory Agenda as a proposed new rule. The stated purpose of the rule was...more
On May 29, 2020, President Trump issued a proclamation suspending the entry of certain Chinese F-1 and J-1 foreign students and exchange visitors who have ties to Chinese institutions that support the People’s Republic of...more
A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more
This November, the United States Supreme Court is set to hear oral arguments on the case that will decide the fate of the Deferred Action for Childhood Arrivals (DACA) program. This program, established through executive...more
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
For employers, the extended suspension of Premium Processing will mean postponed start-dates for H-1B workers well beyond the expected October 1 annual start date. ...more
USCIS Extends and Expands Suspension of H-1B Premium Processing - Earlier this week, U.S. Citizenship and Immigration Services (USCIS) announced that it will extend the suspension of Premium Processing for all pending FY...more
The United States Citizenship and Immigration Services (USCIS) recently made subtle changes to its eligibility definitions for companies seeking to employ STEM OPT F-1 visa holders. The subtle changes have major implications...more
Since taking office, President Donald Trump has issued a series of immigration-related executive orders and proclamations that have become the general framework for the future management of U.S. immigration policy and...more
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of Oct. 1, 2018....more
Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American. ...more
On August 8, 2017, the Department of State (DOS) updated its Foreign Affairs Manual (FAM) to modify instructions to consular officers considering F-1 student visas. The modified instructions address how a consular officer...more
President Trump has recently expressed his enthusiastic endorsement of restrictive immigration legislation sponsored by Senators Tom Cotton (R-Ark.) and David Perdue (R-Ga.). The Reforming American Immigration for a Strong...more
President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more