News & Analysis as of

Science Technology Engineering Math Employment Authorization Documents (EAD)

Potomac Law Group, PLLC

H-1B Lottery: Registration Information

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and the lottery system is used by U.S. Citizenship & Immigration Services (USCIS) to manage the limited number of...more

Lippes Mathias LLP

F-1 Student Status and Work Authorizations

Lippes Mathias LLP on

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

Jackson Lewis P.C.

DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals

Jackson Lewis P.C. on

The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on...more

Warner Norcross + Judd

Planning for the Future: Lessons from President-elect Donald Trump’s First Term on Immigration and What Employers Can Do to...

Warner Norcross + Judd on

As employers of foreign national talent prepare for the return of President-elect Donald Trump to the White House in 2025, understanding the key immigration takeaways from his first presidency is more important than ever....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

Seyfarth Shaw LLP

Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers

Seyfarth Shaw LLP on

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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...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

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

Fisher Phillips on

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

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

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

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

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

Jackson Lewis P.C.

USCIS Premium Processing Expansion for F-1, EB-1, EB-2, Others

Jackson Lewis P.C. on

USCIS has expanded premium processing for F-1 students to pending Employment Authorization Documents (EAD) applications based on Optional Practice Training (OPT) and STEM OPT. On April 3, 2023, the same will be extended to...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

Mintz - Immigration Viewpoints

USCIS to Implement Additional Phase of Premium Processing Expansion

On January 30, 2023, USCIS will begin accepting some additional premium processing requests pursuant to its expansion of this program. Under this latest expansion, announced by USCIS on January 12, 2023, certain...more

Fox Rothschild LLP

The Clock is Ticking: H-1B Cap Season Is Here

Fox Rothschild LLP on

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty...more

Fisher Phillips

Snapshot on Life Sciences Industry: Alternate Ways Besides H-1B to Employ Foreign Nationals

Fisher Phillips on

Welcome to FP Snapshot on Life Sciences Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact life science organizations. This...more

Jackson Lewis P.C.

Five U.S. Immigration Law Trends to Watch in 2022

Jackson Lewis P.C. on

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected. In January, the Biden Administration unveiled a series of policies aimed at attracting and...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

Burr & Forman

So Your Employee Wasn’t Selected in the H-1B Lottery… Now What?

Burr & Forman on

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

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

Gibney Anthony & Flaherty, LLP

USCIS Expands Online Filing to  F-1 Students Seeking OPT Work Authorization

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

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

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

USCIS Provides Filing Flexibility for International Student OPT Work Authorization Applications Affected by Service Delays

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

Jackson Lewis P.C.

USCIS Offers Flexibility For OPT Applications

Jackson Lewis P.C. on

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

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