Category: Student Visas

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July 27, 2021
Tahreem Kalam

B-2 ‘Bridge Petitions’ no longer required for Applicants for Change of Status to F-1 Student

On July 20, 2021, U.S. Citizenship and Immigration Services (USCIS) announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student status, to also apply to change or extend...

May 07, 2019
Minsky, McCormick & Hallagan

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...

February 01, 2019
Minsky, McCormick & Hallagan

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”...

September 10, 2018
Beata Leja

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)...

July 14, 2017
Minsky, McCormick & Hallagan

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...

June 16, 2017
Minsky, McCormick & Hallagan

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...

May 11, 2016
Tahreem Kalam

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...

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