News & Analysis as of

OPT Department of Homeland Security (DHS) United States Citizenship and Immigration Services

Akerman LLP - HR Defense

Employer Talent Acquisition & Retention Alert: U.S. Employers May Soon Lose Access to Critical Chinese Talent Under Emerging F-1...

U.S. Secretary of State Marco Rubio recently announced a sweeping new directive: the United States will begin “aggressively” revoking visas of Chinese students, alleged to be in any way affiliated with the Chinese Communist...more

Ice Miller

Foreign National Travel Advisory - What Employers Need to Know

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There are times when international travel may be more challenging or stressful than other times. At present, the United States finds itself in a period of significantly increased immigration enforcement occurring in the...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

Seyfarth Shaw LLP on

Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B lottery game plan: Best practices for HR teams

The H-1B cap registration and lottery for Fiscal Year 2026 is expected to begin in early March – only two months from now. Although the U.S. Citizenship and Immigration Services has not yet announced the exact registration...more

Constangy, Brooks, Smith & Prophete, LLP

DHS issues Final Rule modernizing H-1B program

The U.S. Department of Homeland Security issued its H-1B modernization Final Rule this Wednesday. The rule is intended to improve the H-1B program by providing clarifications to make the program more efficient, improving the...more

Buchalter

Visa Options for Start-Up Founders: An Overview of Options

Buchalter on

Introduction: The United States has long been a beacon for immigrants, and the entrepreneurial spirit of immigrants has led the U.S. to be at the forefront of groundbreaking innovations in business, science, education,...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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Gibney Anthony & Flaherty, LLP

DHS Expands STEM OPT Fields for International Students

On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight fields of study to the Designated Degree Program List qualifying F-1 students to secure a STEM OPT (science, technology, engineering, mathematics...more

Fisher Phillips

Federal Immigration Officials Make More International Students Eligible for STEM Training Program to Delight of Employers

Fisher Phillips on

The Department of Homeland Security recently added 22 new qualifying fields of study to its STEM Designated Degree Program List, which will greatly expand opportunities for international students to remain in the U.S. – and...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Flexibility Benefits For Foreign Students With OPT Work Authorization

Last week, the U.S. Citizenship and Immigration Services announced changes that will be good news for foreign students seeking Optional Practical Training in areas related to their major areas of study. First, the 14...more

Jackson Lewis P.C.

DHS Arrests 15 Individuals On OPT, Continues High Scrutiny Of Foreign Students, Warns University DSOs

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has announced the arrest of 15 individuals who claimed to work on Optional Practical Training (OPT) for nonexistent companies. In addition, USCIS notified 700 OPT recipients suspected...more

Mintz - Immigration Viewpoints

Impact of COVID-19 on F-1 students seeking OPT

The coronavirus pandemic has caused unprecedented disruptions and damage across the world, and its grave impact has been felt acutely by international students in the United States. For the 2018-19 academic year, the U.S. saw...more

Pullman & Comley - Labor, Employment and...

Potential Immigration Compliance Issues Raised by Coronavirus Travel Restrictions, Work-from-Home Policies, and Layoffs

As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

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

USCIS Reverses Course, Allows STEM OPT Students to Work at Third-Party Sites

U.S. Citizenship and Immigration Services (USCIS) has revised its website and announced that it will now allow F-1 students participating in the optional practical training (OPT) extension for individuals in science,...more

Tarter Krinsky & Drogin LLP

For Students In The United States On Visas, USCIS Policy Change Brings New Risks

A new policy memo governing accrual of unlawful status is poised to impact students staying in the United States with significant immigration consequences if they fail to comply with new, punitive rules. On May 10, 2018,...more

Haynsworth Sinkler Boyd, P.A.

Recent Changes To USCIS Policies May Impact Foreign Students

Earlier this month, United States Citizenship and Immigration Services (USCIS) made two changes affecting foreign students – (1) calculating unlawful presence for students in the U.S. and (2) third-party placements for STEM...more

Tarter Krinsky & Drogin LLP

The Trump Administration's Efforts To Rein In H-1B Visas - What You Need To Know

The H-1B visa category has been modified many times over the past 65 years. H-1B visas facilitate the entry of foreign national professionals, while also providing safeguards that maintain the integrity of the U.S. labor...more

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

USCIS New Policy Shuts Down STEM OPT Training at Third Party Sites

The extension of the Optional Practical Training (OPT) program for international students with degrees in science, technology, engineering, and mathematics (STEM) allows eligible students to apply to extend their...more

Miles & Stockbridge P.C.

Feeling Discouraged About Immigration?

Feeling Discouraged About Immigration? You are not alone. Many agree that the U.S.’s current immigration system is in need of comprehensive legislative reform....more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Littler

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

Littler on

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

FordHarrison

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

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President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Epstein Becker & Green

September 2016 Special Immigration Alert

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I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

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