News & Analysis as of

Students Visas

Jackson Lewis P.C.

Federal Court Enjoins DHS’s Revocation of Harvard’s Ability to Enroll International Students

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On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged...more

Fisher Phillips

2025 Summer Reading List for Educational Leaders

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Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Moore & Van Allen PLLC

Students Terminated Sevis Record Restored By Ice

Following hundreds of challenges in federal court by students, universities and colleges, U.S. Immigration and Customs Enforcement (ICE) has reversed course on terminating the legal status of thousands of international...more

McGuireWoods LLP

Termination of Student Visa Registrations Reversed

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On April 25, 2025, the Department of Justice announced in federal court that many students studying in the United States on F-1 visas whose status was recently changed to “Terminated” for “criminal records” reasons will have...more

Moore & Van Allen PLLC

FAQ Revocation of Student Visas and Termination of Status

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In recent weeks the Department of State (DOS) has taken steps to revoke visas and terminate the status of international students who have criminal infractions and/or who have engaged in activism. In light of this intense...more

Tarter Krinsky & Drogin LLP

How U.S. Visa Applicants Can Protect Their Status Amidst Heightened Scrutiny

The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have indicated they will focus with more scrutiny on social media vetting for student and exchange visitor applicants. These...more

Jackson Lewis P.C.

‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown

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The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas,...more

Jackson Lewis P.C.

What’s Changing to H-1B Cap Gap for F-1 Students?

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The Department of Homeland Security (DHS) has published a final rule (89 FR 10354) that significantly changes the H-1B Cap Gap period. This rule automatically extends the duration of status and any employment authorization...more

Husch Blackwell LLP

New Visa Rules Target Transgender Individuals: Considerations for Employers and Educational Institutions - Updated

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A memo issued by Secretary of State Marco Rubio, titled “Guidance for Visa Adjudicators on Executive Order 14201: ‘Keeping Men Out of Women’s Sports,’” introduces new U.S. visa policies that affect transgender individuals...more

Burr & Forman

Foreign Nationals from 39 Countries No Longer Subject to J-1 Home Residency Requirement After Exchange Visitor Skills List...

Burr & Forman on

In what some might consider a parting gift from the Biden administration, the U.S. Department of State revised the J-1 Exchange Visitor Skills List, resulting in removal of foreign nationals from more than thirty countries. ...more

Lippes Mathias LLP

F-1 Student Status and Work Authorizations

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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

Gibney Anthony & Flaherty, LLP

New Key Updates to the H-1B Visa Program: What Employers Need to Know

The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency...more

Harris Beach Murtha PLLC

A Glimpse into the Trump 2.0 Business Immigration Landscape

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Share It is pretty clear what President-elect Donald Trump intends to do regarding border enforcement, honoring his pledge to launch the largest domestic deportation operation in U.S. history, but little has been reported on...more

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

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

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

USCIS Issues New Guidance on F and M Student Visa Classifications

On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on F and M nonimmigrant student classifications....more

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

Visas for F and M Students Can Now Be Issued 365 Days Ahead of Program Start Date

On February 23, 2023, the U.S. Department of State updated its guidelines to allow F and M students to apply for their student visas to study in the United States up to 365 days prior to the start date of the program as...more

Cozen O'Connor

DOS Extends Interview Waivers for Certain Nonimmigrant Visa Applicants

Cozen O'Connor on

On December 23, 2022, the Department of State announced that the Secretary of State made a determination extending the authority of consular officers to waive in-person interviews for certain nonimmigrant visa categories...more

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

Work Visas and One International College Athlete’s Slam Dunk on His Name, Image, and Likeness Rights

A basketball player from the Dominican Republic could be the first prospective National Collegiate Athletic Association (NCAA) athlete to secure an O-1 temporary work visa for those with “extraordinary ability” in athletics...more

Freeman Law

International Students, F-1 Visas, Graduation and . . . Work in the U.S.?

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Many international students present in the U.S. on an F-1 visa are eager to jump out of the classroom into the U.S. workforce. After graduation, those international students—many of whom come from less fortunate...more

Bilzin Sumberg

The Student Visa Exception: A Pretty Good Thing, But Not A Cure-all

Bilzin Sumberg on

In a previous post, we provided an overview for determining a person's U.S. income tax residency status under the substantial presence test (the "SPT"), a test which relies on a mathematical formula for computing an...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Baker Donelson

National Interest Exception Applications for International Business Travelers on the Rise

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With the COVID-19 pandemic easing, Baker Donelson's Business Immigration Team is seeing an increase in demand for U.S. employer-based employment visas. However, even as we have been obtaining employment visa petition...more

Amundsen Davis LLC

What To Expect On Immigration From The Biden Administration

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The Trump administration has enacted more than 400 immigration policy changes. That’s one change every 3.65 days the administration has been in office. Weary from the whiplash of changes and weight of additional work, many...more

Rivkin Radler LLP

Trump Administration Changes Student Visa Eligibility for the Fall Semester

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Immigration and Customs Enforcement (ICE) announced changes to the student visa program for the fall semester for international students in F-1 or M-1 status. ...more

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