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 application or an immigrant visa petition does not mean the student cannot demonstrate their intention to
Students / CPT / OPT / STEM
Deferred Enforced Departure of Up to 18 Months for Palestinians Announced
President Joe Biden announced Deferred Enforced Departure (DED) for up to 18 months for Palestinians currently residing in the United States. The president took this action due to the terrorist attacks on Israel on Oct. 7, 2023, the military response, and the humanitarian conditions in the Palestinian territories, particularly Gaza. Individuals do not need to…
H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements
USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process, specifically allowing for start date flexibility, and other enhancements to the integrity of the selection process.
This is the first phase of final rules…
Syrian TPS Extended, Redesignated
USCIS announced the extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months from April 1, 2024, to Sept. 30, 2025. The redesignation is based on the continuing civil war and the accompanying dire humanitarian consequences taking place in Syria.
Individuals who are already in Syrian TPS must apply for the extension…
USCIS Clarifies Policy Guidance for International Students in F, M Status
The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates the existing policies and clarifies issues of eligibility, school transfers, practical training and on-and off-campus employment. It provides more transparency…
USCIS Announces Higher Premium Processing Fees
Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation.
The newly generated income, estimated to be approximately $185 million, will be used to respond to adjudication demands and reduce processing times throughout the agency.
USCIS has been rolling out premium…
DOL Proposes Additions to Schedule A Occupations List in Response to Executive Order on AI
In response to the Executive Order (EO) on Artificial Intelligence, on December 21, 2023, the Department of Labor (DOL) issued a request for information in the Federal Register asking for public comment on possible additions to the Schedule A list, including more STEM or non-STEM fields.
On October 30, 2023, as part of the EO…
Efforts Continue to Legalize Work, Other Pathways for Undocumented Students, Asylum Seekers
Undocumented students are waiting for University of California (UC) leadership to issue a plan that would remove hiring restrictions for all UC students, regardless of immigration status.
The proposed plan, titled Opportunity For All (O4All), is supported by language in the 1986 Immigration Reform and Control Act (IRCA) that the prohibition of employment of undocumented…
What Executive Order on AI Means for Immigration
On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies throughout the government, including the Department of Homeland Security (DHS) and the Department of State (DOS), to develop plans and policies to establish…
Proposed Rule to Reform, Modernize H-1B Program
USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Rule has been released for Notice and Comment by the Department of Homeland Security (DHS).
The stated purpose is to streamline…