News & Analysis as of

F-1 Visa Employment Authorization Documents (EAD)

Littler

Employer Rollercoaster: Determining Work Authorization for Employees on TPS, Humanitarian Parole, or Authorized for Employment as...

Littler on

The last three months have been a rollercoaster ride for employers trying to determine whether certain employees will retain work authorization. The Trump administration is pushing for significant changes affecting employees...more

McCarter & English, LLP

Changing Immigration Policies Pose New Challenges for NCAA Institutions and NIL Opportunities for International Student-Athletes

Nearly 25,000 international student-athletes from countries around the globe compete in National Collegiate Athletic Association (NCAA) sports. Almost all NCAA international student-athletes are on F-1 student visas, which...more

Fisher Phillips

Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

Fisher Phillips on

You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more

Snell & Wilmer

Immigration Update: Travel Advisory & Student Visas

Snell & Wilmer on

Travel Advisory - The Trump administration continues to change the immigration landscape. While it has not yet announced travel bans as it did early in President Trump’s first term, the U.S. Customs & Border Patrol (CBP)...more

Davis Wright Tremaine LLP

H-1B Cap Lottery Season Commences on March 7, 2025

Employers seeking to hire foreign professionals in H-1B status need to prepare for the registration process. The annual lottery season commences in early March, and the short filing period lasts little more than two weeks....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

Tarter Krinsky & Drogin LLP

H-1B Cap Pre-Registration Period Begins in March 2025 with Increased Processing Fees

This year’s H-1B Pre-Registration Filing Period is expected to run from early to mid-March 2025. U.S. Citizenship and Immigration Services (USCIS) will announce the registration dates in the coming weeks. One significant...more

Constangy, Brooks, Smith & Prophete, LLP

5 things to ask before your foreign national employees travel this holiday season

If you can answer these, you should be in good shape. With the holidays approaching, many employers with foreign national employees are wondering what they need to know before their employees depart from the United States....more

UB Greensfelder LLP

DHS Designates Lebanon For Temporary Protected Status

UB Greensfelder LLP on

Today, October 17, 2024, the U.S. Department of Homeland Security (DHS) designated Lebanon for Temporary Protected Status (TPS) for 18 months due to the ongoing situation in Lebanon. The TPS designation will allow Lebanese...more

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

Deferred Enforced Departure Announced for Certain Lebanese Nationals

On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department...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

Jackson Lewis P.C.

DHS Extends Temporary Protected Status for Haiti to Feb. 2026

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has extended and redesignated Temporary Protected Status (TPS) for Haiti until Feb. 3, 2026. According to DHS Secretary Alejandro N. Mayorkas, the decision to renew and redesignate...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

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

DHS Relaxes Employment Authorization Rules for Ethiopian and Palestinian F-1 Students

Because of ongoing conflicts in Ethiopia and Gaza, the U.S. Department of Homeland Security (DHS) announced relaxed employment authorization standards for Ethiopian and Palestinian F-1 students who are eligible for work...more

Jackson Lewis P.C.

Instructions for Burma TPS Extensions, Redesignations Released

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has published instructions on how to apply for the extended and redesignated Temporary Protected Status (TPS) for Burma (Myanmar). On March 25, 2024, DHS extended and redesignated...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

Jackson Lewis P.C.

TPS Extension and Redesignation for Afghanistan and Venezuela

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Afghanistan and Venezuela. TPS for Afghanistan will be extended and redesignated for 18 months,...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

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

Gibney Anthony & Flaherty, LLP

Premium Processing Available for Certain F-1 EAD Applications

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

Littler

USCIS Changes Policy Guidance Regarding Special Student Relief

Littler on

The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR)...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.

Venezuela Temporary Protected Status Extended Into 2024

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Venezuelan nationals from September 10, 2022, through March 10, 2024, due to the country’s continuing severe political and economic...more

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