This year's busy H-1B cap season included many H-1B employee candidates who hold F-1 status and who are employed in the U.S. pursuant to F-1 optional practical training (OPT) status. Out of these F-1 visa holders, many rely on the OPT cap-gap rule to continue working in the U.S. after the post-April 1st expiration date [...]
Our office had received a number of inquiries and we have worked with a number of individuals, universities and their DSOs who had seen a spike in OPT extension (STEM OPT extensions, most often) which were denied by USCIS due to the fact that the F-1 holder had engaged in volunteering or unpaid work during [...]
A very common question by the holders of visas which have employment restrictions is, “Can I engage in unpaid volunteer work under my visa?” We deal with this question on a daily basis when we are asked by clients whether someone who is in the U.S. (on a status which does not allow employment) [...]
Last week, the Homeland Security Department has ordered U.S. border agents, "effective immediately", to verify that every international student who arrives in the US has a valid student visa, according to an internal memorandum obtained by the Associated Press. This decision came after it was discovered that a friend of suspected Boston Marathon bomber Dzhokhar [...]
It is only Tuesday and this week has already been full of immigration proposals. After yesterday's announcement for a blueprint for a comprehensive immigration reform, today a group of Senators has released an actual draft bill which picks up where yesterday's proposal left off with respect to employment-based immigration. Senators Orrin Hatch of Utah, Amy [...]
In the past, USCIS had been somewhat flexible with student status and filing for employment optional practical training work authorization (OPT). More recently, USCIS has been closing those gaps and enforcing the eligibility requirements and filing deadlines more strictly. With this more stringent and literal implementation of the rules, it is imperative that foreign students, [...]
The U.S. House of Representatives passed yesterday (August 1, 2012) by a voice vote a proposed bill which seeks to restrict the ability of certain schools, colleges and universities to sponsor students' F-1 visas. H.R. 3012 (bill tracker, text of bill) was introduced by Rep. Zoe Lofgren (D-CA) and seeks to amend the F-1 student [...]
The Immigration and Customs Enforcement (ICE) has announced on May 11, 2012, that they have expanded the list of Science, Technology, Engineering and Math (STEM) degree programs. New STEM-Designated Programs Until this revision, CIP degree codes ending in "99" were not designated as STEM degree programs. The Department of Homeland Security (DHS) is now proposing [...]
Created in 2002, the Student and Exchange Visitor Information System (SEVIS) is used to track and monitor foreign students (F-1 visa holders) and exchange visitors (J-1 visa holders), as well as their accompanying dependents (F-2 and J-2 visa holders). While SEVIS has streamlined many formerly cumbersome data reporting requirements and improved information accuracy, there are [...]
The U.S. Department of State has announced that all U.S. embassies and consulates will expedite the processing of F-1 student visa stamp applications to ensure that qualified foreign students are able to begin their studies on time. According to the Department of State, the maximum wait for a student visa appointment (for all posts) is [...]
