USCIS Reminder to F-1 Students

The USCIS posted a reminder to F-1 students working on OPT and OPT STEM about monitoring the duration of all periods of unemployment as exceeding the cumulative allowance can leave a student without legal status and impact future change of status filings. One of the most common RFE’s issued in H-1b cap cases is demanding… Continue reading USCIS Reminder to F-1 Students

Possible Upcoming Rule Changes to be on the Lookout For

DHS has release its Agency Rule List for Spring 2018. In this release the current administration outlined their rule change wish list, which includes: 1. Scrapping the H1b lottery. Possibly requiring preregistration for H1b’s. 2. Revisions to H1b definitions for specialty occupation. We’ve already seen some Officers use narrower interpretations than what we believe the… Continue reading Possible Upcoming Rule Changes to be on the Lookout For

Update on STEM OPT Extension Lawsuit

The Washington Alliance of Technology Workers (WashTech) continues its lawsuit in an attempt to end STEM OPT. On Feb. 4 WashTech sought review of the Aug. 12 order from U.S. District Judge Ellen Segal Huvelle, which vacated the 2008 rule extending the OPT period for foreign students with science- and math-related (STEM) degrees by 17… Continue reading Update on STEM OPT Extension Lawsuit

STEM OPT Rule Update

The U.S. Department of Homeland Security will have 90 additional days to revise the F-1 STEM OPT rule. The original rule, allowing for 17 months of additional OPT time if the student was in a STEM field, was order to be vacated as of February 12, 2016. U.S. District Judge Ellen Segal Huvelle granted DHS’s… Continue reading STEM OPT Rule Update

STEM OPT proposed rule released

In response to a federal judge that struck down the existing STEM 17 month OPT extension policy as a violation of the APA, the DHS has released an unpublished version of the proposed rule to essentially reinstate the policy. We expect the proposed rule will be officially published on Monday October 19th and we will… Continue reading STEM OPT proposed rule released

District Court Determines that Technology Union has Standing to Sue

The U.S. District Court for the District of Columbia recently determined that a union that represents technology workers has standing to sue the U.S. Department of Homeland Security on the basis that these workers were harmed by the U.S. Optional Practical Training (“OPT”) STEM extension program. In Washington Alliance of Technology Workers v. U.S. Department… Continue reading District Court Determines that Technology Union has Standing to Sue

DHS announces plans impacting highly skilled immigrants

As part of President Obama’s public claims to foster legal immigration and encourage entrepreneurship, the DHS announced several planned reforms to achieve these goals without the need for  legislative action. We applaud the goals of the administration and these planned reforms and just hope that the culture of no which so permeates the agency at the service… Continue reading DHS announces plans impacting highly skilled immigrants

USCIS issues FAQ on “cap-gap” rules

With the H-1b cap season in full swing, the USCIS has issued a new set of FAQ on the subject of “cap-gap”.  A “cap-gap” occurs when a foreign student’s EAD card, issued pursuant to the OPT rules, expires prior to October 1, 2011. The USCIS has adopted rules that provides for an automatic extension that allows… Continue reading USCIS issues FAQ on “cap-gap” rules