Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more
International students and recent graduates across the county are facing the possibility of the government revoking their F-1 Student status or J-1 Exchange Visitor status, exposing them to the possibility of deportation –...more
The U.S. Department of Homeland Security issued its H-1B modernization Final Rule this Wednesday. The rule is intended to improve the H-1B program by providing clarifications to make the program more efficient, improving the...more
Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more
On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more
The USCIS is modernizing its processes and moving towards electronic filing for student work documents. On April 12, 2021, USCIS announced that it will begin accepting Form I-765 Application for Employment Authorization...more
Earlier this week, on January 26, 2021, the Student and Exchange Visitor Program (SEVP) rescinded its intention, announced less than two weeks earlier, to develop an OPT Employment Compliance Unit. Immigration and Customs...more
In a surprise announcement, District Judge Allison D. Burroughs, U.S. District Court for the District of Massachusetts, announced a reversal of the government decision that was announced just last week regarding students in...more
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more
Employers will have to decide who they are sponsoring earlier this year. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions (which are jobs requiring at...more
The U.S. Department of Homeland Security (DHS) has instituted a new compliance activity which could surprise the unprepared employer who has hired a recent graduate on Optional Practical Training (OPT). The site visits are...more
Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and...more
USCIS Begins Implementing Notices to Appear for Denied Petitions and Applications - As of October 1, 2018, U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Notices to Appear (“NTA”) in accordance with...more
There were no lazy days of summer to be had in 2018—at least not when it came to the introduction of new immigration policies by the Trump administration. The momentum with which it announced and implemented new policies over...more
U.S. Citizenship and Immigration Services (USCIS) has revised its website and announced that it will now allow F-1 students participating in the optional practical training (OPT) extension for individuals in science,...more
The Trump Administration is continuing its assault on outsourcing and staffing firms. The latest Administration focus is on the STEM OPT program. In April 2018, without notice, USCIS made certain changes to its website. It...more
The H-1B visa category has been modified many times over the past 65 years. H-1B visas facilitate the entry of foreign national professionals, while also providing safeguards that maintain the integrity of the U.S. labor...more
With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more
Students with existing OPT grants must have at least 150 days of this grant remaining before seeking a further extension under the new rule....more
From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more
From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more
To the relief of thousands of foreign nationals and many U.S. businesses and higher education institutions, on January 23, 2016, the federal district court in Washington D.C. presiding over Washington Alliance of Technology...more
A February 12, 2016, court-imposed deadline to determine the fate of certain student work permits is fast approaching. At this point, it is unclear whether the U.S. Department of Homeland Security (DHS) will be able to meet...more
On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more
The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more