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 U.S. Department of State (DOS) has temporarily paused the scheduling of new visa interviews for international students and exchange visitors applying for F, M and J visas. This directive, effective May 27, 2025, is part...more
F-1 status is reserved for individuals coming to the United States to pursue full-time study at an accredited college, university, seminary, high school/elementary school, or in a language training program. Both F-1 and M-1...more
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
International students, who commonly have what is known as an F-1 visa, are authorized to enter the U.S. to pursue full-time academic degrees at accredited institutions, certified by the Student and Exchange Visitor Program...more
The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad. Some F-1 visas and SEVIS records have been rescinded or...more
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
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
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
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
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
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
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
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
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
In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more
The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more
USCIS Begins Implementing Notices to Appear for Denied Petitions and Applications - As of October 1, 2018, U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Notices to Appear (“NTA”) in accordance with...more
On May 10, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum changing the way the agency will calculate the accrual of unlawful presence for students (F-1), exchange visitors (J-1), and...more
The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training...more