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
F-1 status is reserved for individuals coming to the United States to pursue full-time study at an accredited college, university, seminary, high school/elementary school, or in a language training program. Both F-1 and M-1...more
On May 27, 2025, the Department of State issued a cable instructing U.S. Embassies and Consulates to pause scheduling new visa appointments for foreign nationals seeking to obtain student and exchange visitor visas (F, M, and...more
The last three months have been a rollercoaster ride for employers trying to determine whether certain employees will retain work authorization. The Trump administration is pushing for significant changes affecting employees...more
On April 25, 2025, the Department of Justice announced in federal court that many students studying in the United States on F-1 visas whose status was recently changed to “Terminated” for “criminal records” reasons will have...more
International students, who commonly have what is known as an F-1 visa, are authorized to enter the U.S. to pursue full-time academic degrees at accredited institutions, certified by the Student and Exchange Visitor Program...more
In recent weeks the Department of State (DOS) has taken steps to revoke visas and terminate the status of international students who have criminal infractions and/or who have engaged in activism. In light of this intense...more
The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad. Some F-1 visas and SEVIS records have been rescinded or...more
The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more
An F-1 Visa (Academic Student) allows a person to enter the United States as a full-time student. Many F-1 students want to work since U.S. college and university programs can be expensive — particularly for foreign students....more
The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more
Happy holidays and welcome to our final issue of The Academic Advisor for 2024. Thank you for engaging with us through the newsletter this year. With this publication, we strive to provide schools, colleges and...more
The Department of Homeland Security (DHS) designated Lebanon for Temporary Protected Status (TPS) for 18 months due to the conditions in that country caused by the conflict across the Israeli-Lebanese border. The Oct. 17,...more
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
Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more
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
The Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Afghanistan and Venezuela. TPS for Afghanistan will be extended and redesignated for 18 months,...more
OVERVIEW As previously forecasted, USCIS has now expanded premium processing service to I-765, Applications for Employment Authorization, filed by certain F-1 students seeing work authorization in connection with Optional...more
The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR)...more
Welcome to our 6th edition of The Academic Advisor - our e-newsletter focused on education law insights. In this issue, we look at a variety of topics, including a recent federal court challenge to employment options for F-1...more
The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Venezuelan nationals from September 10, 2022, through March 10, 2024, due to the country’s continuing severe political and economic...more
Many international students present in the U.S. on an F-1 visa are eager to jump out of the classroom into the U.S. workforce. After graduation, those international students—many of whom come from less fortunate...more
With the COVID-19 pandemic easing, Baker Donelson's Business Immigration Team is seeing an increase in demand for U.S. employer-based employment visas. However, even as we have been obtaining employment visa petition...more
The USCIS is modernizing its processes and moving towards electronic filing for student work documents. On April 12, 2021, USCIS announced that it will begin accepting Form I-765 Application for Employment Authorization...more
The US Department of State announced on February 10 that students possessing valid F-1 and M-1 visas who are seeking admission to the United States from the Schengen area countries, the United Kingdom, and Ireland no longer...more
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