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U.S. District Court Enjoins the Implementation of “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” Memo
On August 9, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a Memo entitled Accrual of Unlawful Presence and F, J, and M Nonimmigrants (the “Memo”) which provided that F, J, and M nonimmigrant students would begin accruing unlawful presence...
Unlawful Presence Bar Will Start to Apply on February 5, 2019 for Students Who Have Failed to Maintain Status
On August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum updating the USCIS Adjudicators Field Manual (AFM) to state that students in F, J, and M status who are admitted for “duration of status” or “D/S”...
USCIS Expands Premium Processing Suspension for Many H-1B Petitions, Hurting Business & Foreign Employees
On March 20, 2018, the U.S. Citizenship & Immigration Services (USCIS) announced that it would temporarily suspend premium processing for H-1B petitions filed toward this year’s annual H-1B cap, and anticipated that the suspension would expire on September 10, 2018....
Some International Students Will Begin Accruing Unlawful Presence on August 9, 2018
Under a new memo that goes into effect tomorrow, August 9, 2018, some nonimmigrants in F (international student) status, J (cultural or educational exchange visitor) status, or M (vocational or technical school student) status may begin accruing unlawful presence (ULP)...
Can I start the Green Card Process while on Optional Practical Training (OPT)?
What is Optional Practical Training (OPT)? Optional practical training (OPT) is defined by federal regulations as "temporary employment for practical training directly related to the [F-1] student's major area of study." After completion of a course of study, most students...
Obtaining an F-1 Student Visa: Change Status or Apply at U.S. Consulate?
Oftentimes, prospective students enter the U.S. on a B visitor visa to visit schools and decide they would like to stay in the U.S. to pursue a course of study. The inevitable question then arises: Should I change my status...
TIPS for Employers Employing F-1 Workers on the New 24-Month STEM OPT Extension
On May 10, 2016, the Department of Homeland Security (DHS)’s newly published STEM OPT rule will take effect. The new rule extends the initial 12 months of Optional Practical Training (OPT), available to all F-1 students, an additional 24-month period...
You’ll Have to Wait Until May 10, 2016 for the New STEM OPT Rule
On October 19, 2015, the Department of Homeland Security (DHS) published a new proposed rule to extend an F-1 foreign student’s Optional Practical Training (OPT) work authorization for up to 24 months (beyond the initial 12 months) if the student...
