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
Students / CPT / OPT / STEM
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…
DHS to Propose Amending H-1B, F-1 Regulations
- DHS will be revising the regulations regarding the “employer-employee” relationship;
- Provide flexibility for start-up entrepreneurs who are on H-1B visas;
- Implement new
Litigation Against OPT, STEM OPT Programs Ends With U.S. Supreme Court Denial of Petition to Review
The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows graduates in STEM fields to work in the United States for up to three years.
The…
TPS Extension and Redesignation for Afghanistan and Venezuela
The Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Afghanistan and Venezuela.
TPS for Afghanistan will be extended and redesignated for 18 months, from November 21, 2023m to May 20, 2025. Those who already have TPS (approximately 3,100 individuals) should re-register and apply for a renewal of…
New USCIS Guidance for Evaluating Extraordinary Ability, Outstanding Professor, Researcher Visa Classifications
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications.
The EB-1 immigrant visa classifications are important methods for employers to sponsor outstanding talent in the United States…