News & Analysis as of

Foreign Students Department of Homeland Security (DHS)

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

Fisher Phillips

Immigration Enforcement FAQs for K-12 Schools in New Trump Era

Fisher Phillips on

Massive policy shifts and executive action from the White House in the early days of the new Trump administration necessitate that K-12 school administrators proactively prepare for interactions with immigration authorities...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

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

Gibney Anthony & Flaherty, LLP

DHS Expands STEM OPT Fields for International Students

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

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

Fisher Phillips

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

Fisher Phillips on

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

Baker Donelson

U.S. Takes Actions to Attract STEM Talent

Baker Donelson on

On January 21, 2022, the Biden Administration announced that it would take actions to attract STEM (science, technology, engineering and math) talent to the U.S. in furtherance of its efforts to remove barriers to legal...more

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

DHS Expands STEM-Designated Degree Program List

F-1 nonimmigrant students who have U.S. degrees in certain programs in the fields of science, technology, engineering, or mathematics (STEM) are eligible to apply for a twenty-four-month extension of Optional Practical...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

Steptoe & Johnson PLLC

Homeland Security Withdraws Proposed Rules Affecting International Students

The U.S. Department of Homeland Security announced the withdrawal of proposed new rules that would have limited the time that individuals entering the U.S., including international students, could remain in the country,...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

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Flexibility Benefits For Foreign Students With OPT Work Authorization

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

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

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

Federal Court Decision Saves Work Authorization Program for International Students with STEM Degrees

On November 30, 2020, a federal district judge in the matter of Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, et al., No. 16-1170, issued an order to uphold the Obama-era program...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Foreign Student Status And Student Work Authorization

Jackson Lewis P.C. on

Foreign students wishing to study in this country may have whiplash over the Trump Administration’s many moves. Early in 2020, a federal court blocked the Department of Homeland Security (DHS) from changing the rules...more

Alston & Bird

DHS Reverses Course – International Students Allowed to Continue Studies and Employment in the U.S.

Alston & Bird on

In the wake of a court order, the Department of Homeland Security has rescinded its cobbled-together policy that threatened to keep foreign students out of U.S. schools that moved to online-only courses in the face of the...more

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