Students / CPT / OPT / STEM

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The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for…

U.S. Citizenship and Immigration Services (USCIS) announced that it is experiencing delays in issuing receipt notices for some applications and petitions filed at USCIS lockboxes that are located in Chicago, Illinois, Phoenix, Arizona, and Lewisville, Texas. This announcement does not come as a surprise to most filers, since delays have been experienced for some time…

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register.

Unless the Biden administration decides to delay or freeze the new rule, the rule will become effective on March 9, 2021 (60 days from publication),…

The Optional Practical Training Program for F-1 students (OPT) is not illegal, a federal judge has ruled in a case brought by Washington Alliance of Technology Workers (Washtech), a union representing workers in science, technology, mathematics, and engineering.

Criticism of OPT; Increased Scrutiny

Despite evidence that OPT is good for the economy and does not…

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 of being complicit in similar activities that it would revoke their employment authorization.  Further, USCIS notified an additional 400 OPT recipients that…

Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States.

U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule Establishing a Fixed Time Period of Admission and an Extension of Stay Procedures for Individuals in F, J and I Status. The…

Foreign students wishing to study in this country may have whiplash over the Trump Administration’s many moves.

Early in 2020, a federal court blocked the Department of Homeland Security (DHS) from changing the rules regarding duration of status admission to the United States. Under the Trump Administration’s proposed policy, students might unknowingly accumulate unlawful presence…

A recent non-binding report by the Government Accountability Office (GAO) found the appointments of Kevin McAleenan and Chad Wolf (both as “acting” DHS Secretaries) and Ken Cuccinelli (senior official performing the duties of the deputy secretary) violated the governing federal and DHS succession rules because they were not eligible for the positions they occupy.…

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers…

In a surprise announcement, District Judge Allison D. Burroughs, U.S. District Court for the District of Massachusetts, announced a reversal of the government decision that was announced just last week regarding students in F-1 or M-1 nonimmigrant status. Foreign students will now be able to enter the United States and remain even if they are…