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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

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

Dorsey & Whitney LLP on

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

Jackson Lewis P.C.

USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart

Jackson Lewis P.C. on

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Jackson Lewis P.C.

Litigation Against OPT, STEM OPT Programs Ends With U.S. Supreme Court Denial of Petition to Review

Jackson Lewis P.C. on

The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...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

Jackson Lewis P.C.

Eight Fields of Study Added Under STEM OPT Eligibility for Students

Jackson Lewis P.C. on

As part of the Biden Administration’s initiative to retain high-skilled foreign nationals in the United States, the Department of Homeland Security announced that it is adding eight new fields as qualifying fields of study...more

Harris Beach PLLC

U.S. Citizenship and Immigration Services Updates National Interest Waiver Guidelines for Advanced STEM Degree Holders

Harris Beach PLLC on

United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more

Jackson Lewis P.C.

Visa Options for Foreign National Workers in the Life Sciences Industry

Jackson Lewis P.C. on

As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers....more

Quarles & Brady LLP

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Quarles & Brady LLP

USCIS Announces Premium Processing Expansion for F-1 OPT and STEM OPT EAD Applications

Quarles & Brady LLP on

The U.S. Citizenship and Immigration Service (USCIS) has announced an expansion of "premium processing" for F-1 foreign students who are seeking employment authorization related to Optional Practical Training (OPT) and...more

Miles & Stockbridge P.C.

Updated Guidance for National Interest Waivers for STEM Graduates

U.S. Citizenship and Immigration Services (USCIS) updated last year its policy guidance about a specific type of employment-based, immigrant visa petition known as a National Interest Waiver (NIW), clarifying and possibly...more

Tarter Krinsky & Drogin LLP

USCIS Updates: Expansion of Premium Processing Services and Bundling of H-1B and L-1 Visa Spouses Requests

Over the past week, USCIS has issued several updates including the expansion of premium processing services and bundling of H-1B and L-1 Visa spouses requests. USCIS Announces the Expansion of Premium Processing Services...more

Cozen O'Connor

USCIS Announces Final Phase of Premium Processing Expansion

Cozen O'Connor on

On Thursday, January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing the final phase of its planned premium processing expansion for Form I-140, Immigrant Petition for Alien Workers,...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

Tarter Krinsky & Drogin LLP

USCIS Provides Additional Guidance to Foreign Nationals in STEM Fields

Consistent with its goal of removing barriers to legal immigration, U.S. Citizenship and Immigration Services (USCIS) recently issued guidance and launched initiatives related to individuals in the science, technology,...more

Dickinson Wright

Attracting and Retaining Foreign Talent in STEM Fields – Overview of STEM Initiatives

Dickinson Wright on

On July 28, 2022, USCIS published online resources to provide an overview of some temporary and permanent pathways for foreign nationals to remain in the United States (U.S.) and work in the sciences, technology, engineering,...more

Akin Gump Strauss Hauer & Feld LLP

Will Immigration Provisions in the COMPETES Act Survive Conference Negotiations?

In February 2022, the House passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science (COMPETES) Act, a legislative package that invests in research, innovation and...more

Dentons

Updated Guidance on O-1s Provides Helpful Reality Check

Dentons on

Employers are experiencing incredible challenges recruiting for all types of jobs. Recruiting for that special “make or break” position – often for a C-suite, technology innovator, or creative – has always been tough. U.S....more

Sheppard Mullin Richter & Hampton LLP

Annual H-1B Visa Lottery Opened on March 1, 2022

For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner. The electronic H-1B lottery application window started on March 1 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

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

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