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
Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...more
The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more
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
Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more
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
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
The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more
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
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
It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. What to Know - - The lottery registration period will be from noon EST on March 1, 2022 to noon EST on March 18, 2022,...more
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
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
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
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
Today U.S. Citizenship and Immigration Services (USCIS) announced that F-1 students applying for work authorization in connection with optional practical training (OPT) may now file Form I-765, Application for Employment...more
On February 26, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it was offering additional flexibility for international students affected by the delayed issuance of receipt notices for Form I-765,...more
The ability of foreign students in F-1 status to participate in post-completion Optional Practical Training (“OPT”) in their fields of study is an important aspect of their education–an opportunity that draws many foreign...more
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
The Optional Practical Training (OPT) program allows F-1 students to work for 12 months after graduation (in most situations). F-1 students with U.S. degrees in science, technology, engineering, and math (STEM degrees) may...more
U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery. By way of background, the H-1B visa program allows companies in the United...more
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
The U.S. Department of Homeland Security (DHS) has instituted a new compliance activity which could surprise the unprepared employer who has hired a recent graduate on Optional Practical Training (OPT). The site visits are...more
Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more
Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and...more