Harvard/MIT Student Visa Case
Nota Bene Episode 77: Labor, Employment, and Immigration in a Pandemic World with Kelly Hensley, Denise Giraudo, and Greg Berk
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
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
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
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
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
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
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
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
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 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
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
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
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
OVERVIEW USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. H-1B CAP FY ‘23...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 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
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
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
It’s that time of year again where employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more
On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more