Effective May 29, 2015, new Student and Exchange Visitor Program (SEVP) regulations will allow dependents of F-1 or M-1 visa holders on F-2 or M-2 status to enroll in studies at universities or vocational schools. Until now, dependents of F-1 or M-1 visa holders were unable to enroll in studies at such academic institutions unless th...
STEM (Science, Technology, Engineering and Math) OPT (Optional Practical Training) Extension Proposed Rule
The Department of Homeland Security (DHS) has just released its proposed rule for extending optional practical training for international students working in the U.S. The proposed rule will give international students who study Science, Technology, Engineering and Math (STEM) subjects two extra years to stay and work in the U...
USCIS Updating Information on STEM OPT
The United States and Immigration Services (USCIS) is updating the in order to provide important clarifications. Specifically, students and employers will be required to report material changes to the Designated School Official (DSO) at the earliest opportunity using modified Form I-983. Employers will be required to report the STEM...
USCIS Issues Revised Final Policy Memorandum for Unlawful Presence
On August 9, 2018, the United States and Immigration Services (USCIS) published a related to unlawful presence. Effective August 9, 2018, nonimmigrants with F (student) and M (vocational student) visas who fall out of status and file in a timely manner for reinstatement of that status will have their accrual of unlawful presence sus...
USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30
foreign nationals who currently have F-1 status with a pending H-1B petition on October 1, 2018 are at risk of accruing unlawful presence if they continue to work on or after October 1 because their “cap-gap” work authorization is only valid through September 30.
What is the Under current USCIS regulations, a...
USCIS Will Implement Revised Edition of Form I-539
The United States Citizenship and Immigration Services (USCIS) that it will implement a revised edition of Form I-539, Application to Extend/Change Nonimmigrant Status beginning on March 11, 2019.
The revised Form I-539 will require the following:
Every co-applicant included on the primary applicant’s Form I-539 mu...
USCIS Temporarily Blocked from Enforcing New Unlawful Presence Rules
In August 2018, the United States Citizenship and Immigration Services (USCIS) published a that altered agency policy regarding the calculation of unlawful presence for F, J, and M nonimmigrants and their dependents. A federal district court judge has issued a nationwide preliminary injunction that prevents USCIS from implementing t...
ICE Begins Conducting On-Site Inspections of F-1 STEM OPT Employment
The Student and Exchange Visitor Program (SEVP) unit of the United States Immigration and Customs Enforcement (ICE) has officially launched on-site inspections of the STEM Optional Practical Training (OPT) employment of certain F-1 trainees. The purpose of these on-site inspections is to review employer compliance with STEM OPT regul...
Federal District Judge Issues Permanent Injunction Regarding Unlawful Presence Rules for Students and Exchange Visitors
On February 6, 2020, a federal district court judge issued a permanent injunction that prohibits the United States Citizenship and Immigration Services (USCIS) from implementing a new policy that made it so F, J, and M nonimmigrant students and exchange visitors and their dependents would automatically begin to accrue unlawful presen...