Recognizing the significant hardship a regulatory gap would cause current and future participants in the STEM OPT program, the U.S. District Court for the District of Columbia has given the Department of Homeland Security an additional three months to issue a new rule to cure the defects in the STEM OPT rule extension that the
OPT
Proposed New OPT Rules: Up to 3 Years OPT for STEM + Cap-Gap Relief
Posted on
Posted in US Immigration
The U.S. Department of Homeland Security’s has proposed amending its regulations on the optional practical training (“OPT”) program to allow international F-1 students with U.S. degrees in the sciences, technology, engineering, or mathematics (“STEM”) – attained from accredited institutions – to extend by 24 months the standard 12-month OPT period available to them to remain…
2008 STEM Extension Dealt a Setback
By Forrest G. Read IV on
Posted in US Immigration
The 2008 Department of Homeland Security (DHS) rule allowing certain F-1 visa students with Science, Technology, Engineering or Math (STEM) degrees to extend their stay for an additional 17 months of training related to their degrees in the U.S. is deficient, a federal judge for the U.S. District Court for the District of Columbia has…
The Optional Practical Training Dilemma
By Jessica Feinstein on
Posted in US Immigration
Optional Practical Training (OPT) for F-1 students is intended to provide hands-on practical work experience in the U.S., complementary to the academic program. A foreign student in F status may work for 12 months post-graduation pursuant to OPT. An additional, one-time 17-month extension may be available if the student and employer meet certain qualifications. After…
Next Steps after Filing H-1B Petitions for Employees in F-1 Status
By Jackson Lewis P.C. on
Posted in US Immigration
AUTHOR: Helen Pihlstrom.
Employers who have submitted cap-subject H-1B petitions should remember that additional actions may be necessary by their current employees who are working pursuant to F-1 Optional Practical Training employment authorization, or OPT. In many cases, an employee’s OPT employment authorization will expire in the spring or summer after an H-1B cap petition…
I-9 Reverification Deadline for F-1s Changing to H-1B Status Is October 1
By Anna L. Susarina on
Posted in US Immigration
October 1 marks the beginning of the fiscal year 2014 and the date when approved new cap H-1B petitions become effective. Employers are reminded that October 1 is the last day to reverify Forms I-9 for employees who switched their status from F-1 (Academic Student) to H-1B (Person in Specialty Occupation) and who have been…
H-1B Update: Cap-gap Students Lose Work Authorization October 1st
By Amy L. Peck on
Posted in USCIS
Despite a marked decrease in H-1B petitions filed to date, USCIS is making little effort to adjudicate its current caseload of H-1B petitions in a timely fashion. The USCIS’s stated processing times for H-1B’s are more than two months off the actual processing times, which are approaching five months and increasing.
The effect of the…