News & Analysis as of

Foreign Students OPT

Gibney Anthony & Flaherty, LLP

USCIS Updates Guidance for International Student Visa Classifications

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

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

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

Littler

USCIS Updates Policy Guidance for International Students

Littler on

The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater...more

Tarter Krinsky & Drogin LLP

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

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

Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...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

Kramer Levin Naftalis & Frankel LLP

U.S. Citizenship and Immigration Services Announces a Phase-In of Premium Processing and New Online-Filing Procedures for Certain...

USCIS has expanded premium processing for certain F-1 students seeking Optional Practical Training (OPT) and STEM OPT extensions. Specifically, for a fee of $1,500, eligible applicants can request that USCIS adjudicate their...more

Seyfarth Shaw LLP

USCIS Expands Premium Processing Eligibility to Certain F-1 Students Seeking OPT or STEM OPT Extensions and Makes Online Filing...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its continued efforts to increase efficiency and reduce burdens to the overall immigration system, U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for...more

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

USCIS Expands Premium Processing for Certain F-1 Students

On March 6, 2023, U.S. Citizenship and Immigration Services (USCIS) announced “the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science,...more

CDF Labor Law LLP

FY 2024 H-1B Lottery Registration Period Opens March 1

CDF Labor Law LLP on

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...more

CDF Labor Law LLP

Is the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?

CDF Labor Law LLP on

An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team.  This new graduate is a foreign student utilizing the one-year Optional Practical Training...more

Littler

Curricular and Optional Practical Training: A Primer on Employment Opportunities for Students with an F-1 Visa

Littler on

Foreign students studying towards a degree program in the U.S. and maintaining a valid F-1 status can apply their theoretical knowledge and gain invaluable experience in their respective fields/major of study through training...more

Jackson Lewis P.C.

Policy Changes Aim to Expand Opportunities for Foreign STEM Graduates, Others

Jackson Lewis P.C. on

Recognizing the importance of STEM (Science, Technology, Engineering, and Math) graduates to the U.S. economy, the Biden Administration has made three policy changes that expand eligibility....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

Morgan Lewis

Biden-Harris Administration Announces Policy Changes to Assist Foreign Nationals in STEM Fields

Morgan Lewis on

In an effort to attract global talent to strengthen the economy, the Biden-Harris administration recently announced several immigration policy expansions geared towards students in Science, Technology, Engineering, and...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

Mintz - Immigration Viewpoints

Settlement Reached with USCIS in Class Action Suit Relating to OPT Processing Delays

USCIS recently settled a class action lawsuit regarding lengthy delays in processing of Employment Authorization Document (EAD) applications for individuals in F-1 student status. The settlement is welcome news to F-1...more

ArentFox Schiff

Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

ArentFox Schiff on

Many F-1 OPT foreign nationals have been approved for H-1B status effective October 1st in this year’s H-1B lottery Employers and F-1 workers should be careful during the transition from F-1 to H-1B status to ensure they...more

Mintz - Immigration Viewpoints

F-1 Student OPT Applications Can Now Be Filed Electronically

On April 12, 2021 U.S. Citizenship and Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are...more

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