News & Analysis as of

Foreign Students F-1 Visa Foreign Nationals

Littler

Employer Rollercoaster: Determining Work Authorization for Employees on TPS, Humanitarian Parole, or Authorized for Employment as...

Littler on

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

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

Fisher Phillips

Colleges and Universities Caution International Students About Winter Break Travels: What Your School Needs to Know

Fisher Phillips on

Some U.S. colleges and universities are advising international students to adjust their winter break travel plans to ensure they return to campus before President-elect Trump takes office on January 20. We’ll explain...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

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

Quarles & Brady LLP

White House Announces Actions to Expand Opportunities to Attract Top STEM Talent

Quarles & Brady LLP on

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

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

Littler

U.S. Department of State Announces More Flexible National Interest Exemptions for Students and Academic Travelers

Littler on

On April 26, 2021, the U.S. Department of State issued updated guidance on “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” which should...more

Jackson Walker

Impacts of COVID-19 on U.S. Immigration and Travel Policies

Jackson Walker on

COVID-19 has caused significant disruptions in every aspect of our daily lives. Several policies have been enacted, affecting millions of foreign national workers, both in the U.S. and abroad, along with the businesses that...more

Jackson Walker

Embassies and Consulates to Resume Phased Visa Processing

Jackson Walker on

The Department of State has recently announced that U.S. Embassies and Consulates will begin a phased resumption of processing routine nonimmigrant and immigrant visas. Such cases will include travelers with urgent travel...more

Mintz

Administration Rescinds Newly Released Modifications to International Student Policy

Mintz on

Yesterday, the federal government agreed to rescind in full its July 6, 2020 Student and Exchange Visitor Program (SEVP) modification, and revert to the original emergency COVID-19–related international student guidance it...more

Holland & Knight LLP

Immigration Under COVID-19: ICE Restricts Foreign National Students from Taking Online Courses

Holland & Knight LLP on

There have been many changes to immigration processes and procedures in the United States as a result of the coronavirus (COVID-19) pandemic. Holland & Knight's sixth installment of alerts focusing on immigration under...more

Mintz - Immigration Viewpoints

Student Exchange Visitor Program Adjusts COVID Related Exemptions for Fall Semester

Yesterday, the Student and Exchange Visitor Program (SEVP) announced modifications to the temporary exemptions that had been granted to nonimmigrant students studying in the United States. F-1 and M-1 students will not be...more

Faegre Drinker Biddle & Reath LLP

U.S. Restricts Entry of Chinese Students and Researchers

On May 29, 2020, President Trump issued an executive order suspending the admission of Chinese nationals seeking entry to the U.S. with F-1 or J-1 visas if those visa holders have been affiliated with certain institutions...more

Hogan Lovells

Student and Exchange Visitor Program guidance on COVID-19 and nonimmigrant students on F and M visas

Hogan Lovells on

The Student and Exchange Visitor Program (SEVP) released guidance on 9 March 2020 regarding potential procedural adaptions that SEVP-certified schools may take to address COVID-19. On behalf of the Department of Homeland...more

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

Jackson Lewis P.C.

Will Student-Athletes On F-1 Visas be Affected By The Fair Pay To Play Act?

Jackson Lewis P.C. on

The Fair Pay to Play Act, California SB 206, would allow college-level student-athletes in California to market their name, image, and likeness without affecting their amateur status. How may the new law, which is in the...more

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

Judge Orders Nationwide Preliminary Injunction Blocking Enforcement of Automatic Accrual of Unlawful Presence

The U.S. District Court for the Middle District of North Carolina has issued a nationwide preliminary injunction halting the enforcement of the Trump administration’s August 2018 policy memorandum that changed when “unlawful...more

Miller Canfield

USCIS Changes Policy on Accrual of Unlawful Presence for F, J and M Nonimmigrants

Miller Canfield on

U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum, "Accrual of Unlawful Presence and F, J, and M Nonimmigrants," with an immediate effective date of August 9, 2018. With the...more

Burr & Forman

Practice Alert: Unlawful Presence Memo to Impact Students and Exchange Visitors

Burr & Forman on

USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” became effective on August...more

Epstein Becker & Green

Immigration Policy Choices Under the New Administration

Epstein Becker & Green on

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

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