Archives: Students / CPT / OPT / STEM

Subscribe to Students / CPT / OPT / STEM RSS Feed

Changes in FAM May Make it More Difficult for Students with Pending H-1B Cases to Travel

The Department of State has revised its guidance for Consular Officers on the issuance of student visas, emphasizing that the officer must be “satisfied that applicant intends to depart [the U.S.] upon completion of the approved activity.” The guidance states:  If you are not satisfied that the applicant’s present intent is to depart the United … Continue Reading

The FICA Tax Exemption for Non-Resident Aliens in the U.S. Under F, J, M, or Q Visas

A common issue for employers of non-resident aliens authorized to work in the U.S. is whether (and when) such individuals are exempt from FICA taxation.   Under the Internal Revenue Code, a nonresident alien (“NRA”) in the United States under a teacher, researcher, trainee, or student visa is exempt, within certain limitations, from FICA taxation. To … Continue Reading

DHS STEM OPT Extension Rule Survives Legal Challenge

Finding that although the F-1 visa plaintiffs had standing to sue and that their claim was ripe, they had not alleged sufficient facts to support their claim, Judge Reggie B. Walton of the U.S. District Court for the District of Columbia has ruled, upholding the Department of Home Security’s 2016 STEM OPT Rule Program in … Continue Reading

Court Ruling on DHS STEM OPT Extension Rule Expected Soon

A motion to dismiss a lawsuit challenging the U.S. Department of Homeland Security’s new rule governing the Science, Technology, Engineering, and Math (STEM) Optional Practical Training (OPT) program has been granted in part and denied in part. Washington Alliance of Technology Workers v. DHS, No. 1:16-cv-01170-RBW (D.D.C. Mar. 30, 2017). Judge Reggie B. Walton issued … Continue Reading
LexBlog