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Visas Department of Homeland Security (DHS) Foreign Students

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
Warner Norcross + Judd

Trump’s Day 1 Immigration and DEI Executive Orders: What They Mean for Higher Education and International Students

The new administration under President Donald Trump has moved quickly to reshape U.S. immigration policy. On Day 1, the president signed several executive orders that significantly alter prior policies, and these changes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Updates STEM Designated Degree Program List for 24-Month STEM OPT Extensions

On July 23, 2024, the U.S. Department of Homeland Security (DHS) added the category of Environmental/Natural Resource Economics (03.0204) as a qualifying field of study to the DHS STEM Designated Degree Program List. DHS did...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Relaxes Employment Authorization Rules for Ethiopian and Palestinian F-1 Students

Because of ongoing conflicts in Ethiopia and Gaza, the U.S. Department of Homeland Security (DHS) announced relaxed employment authorization standards for Ethiopian and Palestinian F-1 students who are eligible for work...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Littler

DHS Announces Updated STEM Designated Degree Program List

Littler on

On July 12, 2023, the U.S. Department of Homeland Security (DHS) updated the STEM Designated Degree Program List by adding eight new qualifying fields of study. The Program List is generally used to determine whether a degree...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

STEM OPT Update: Additional Degree Fields Now Eligible for 24-Month Extension

On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight new qualifying fields of study to the STEM Designated Degree Program List. F-1 nonimmigrant students who complete certain programs of study in the...more

Jackson Lewis P.C.

Optional Practical Training Programs for F-1 Students Are Valid, Federal Appeals Court Held

Jackson Lewis P.C. on

In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more

Freeman Law

International Students and Their Dependents — F-2 Visas and Work and Study Authorization

Freeman Law on

On April 30, 2022, Freeman Law posted my blog that provided a brief overview of international students in the U.S. pursuant to an F-1 visa and the limited circumstances under which those visa-holders may work in the U.S. See...more

Steptoe & Johnson PLLC

Homeland Security Withdraws Proposed Rules Affecting International Students

The U.S. Department of Homeland Security announced the withdrawal of proposed new rules that would have limited the time that individuals entering the U.S., including international students, could remain in the country,...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Flexibility Benefits For Foreign Students With OPT Work Authorization

Last week, the U.S. Citizenship and Immigration Services announced changes that will be good news for foreign students seeking Optional Practical Training in areas related to their major areas of study. First, the 14...more

Cozen O'Connor

Foreign Students Can Remain in the U.S. Even if All Classes Will Be Online

Cozen O'Connor on

On July 14, 2020, the Trump administration agreed to rescind a July 6, 2020, directive that planned to bar foreign students from the United States if their colleges canceled in-person instruction during the COVID-19 pandemic....more

Seyfarth Shaw LLP

Trump Administration Defrosts ICE’s International Student Directive

Seyfarth Shaw LLP on

The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement...more

Littler

Bar on Online-Only Nonimmigrant Students Faces Court Scrutiny

Littler on

National universities and states across the country filed multiple federal lawsuits this week seeking to invalidate and enjoin implementation of the Student and Exchange Visitor Program’s (SEVP) Fall 2020 COVID-19 Guidance,...more

FordHarrison

DHS Rescinds Policy Change on Temporary COVID-19 Exemptions for Certain International Students

FordHarrison on

After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary...more

Pullman & Comley - Labor, Employment and...

Universities: Watch Out for Lost Student Work Authorization as a Result of New Ban on Remote Learning under F-1 Visas

On July 6, 2020, the U.S. Department of Homeland Security issued a new rule that bars foreign students from using F-1 and M-1 visas to participate in programs that are being conducted remotely as a result of the coronavirus...more

FordHarrison

DHS Rolls Back Some Temporary COVID-19 Exemptions for Certain International Students

FordHarrison on

Executive Summary: The U.S. Department of Homeland Security (DHS) recently announced that it is rolling back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status that allowed...more

Akin Gump Strauss Hauer & Feld LLP

President Trump Issues Proclamation Suspending Entry of Certain Foreign Workers

- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended. - Proclamation does not apply to anyone currently in the United States. - Proclamation does not apply to anyone who already...more

UB Greensfelder LLP

H-1B Cap Season is Here. Is Your Company Ready?

UB Greensfelder LLP on

Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 cap season, the start dates for premium processing of cap-subject H-1B petitions, and the launch of USCIS’s new...more

Bond Schoeneck & King PLLC

As the Fall Semester Gets Underway, Colleges and Universities Should Remind Nonimmigrant Students and Exchange Visitors of New...

August 9, 2018, the effective date of U.S. Citizenship and Immigration Services' (“USCIS”) policy memorandum that dramatically changes the way USCIS will calculate unlawful presence for students and exchange visitors in F, J...more

Miller Canfield

New Rules for Employers of F-1 STEM OPT Graduates

Miller Canfield on

The U.S. Department of Homeland Security (DHS) announced the release of a new rule governing the STEM Optional Practical Training (OPT) program. Under the rule, qualifying F-1 graduates of Science, Technology, Engineering and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New STEM OPT Extension Rule Brings Welcomed Relief to Employers and International Students

On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or...more

Mintz

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Mintz on

Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more

Seyfarth Shaw LLP

DHS Publishes STEM OPT Rule - Potential New Benefits and Requirements

Seyfarth Shaw LLP on

On Monday, October 19, 2015, the Department of Homeland Security (“DHS”) published its eagerly anticipated STEM Optional Practical Training (“OPT”) rule in the Federal Register for a 30-day comment period ending on November...more

Franczek P.C.

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on

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

Morgan Lewis

DHS Proposes New Rule for STEM OPT Extension

Morgan Lewis on

New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more

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