Mar242021
The length of time for adjudication of petitions through USCIS continues to increase despite a new administration and new leadership of USCIS in the form of Alejandro Mayorkas. On March 22, 2021 the American Immigration Lawyer’s Association (AILA) filed a class-action lawsuit against the Department of Homeland Security (DHS), specifically in relation to the long...
COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job. Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work. H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,...
With the COVID-19 emergency guidelines in place and the current Trump administration, it can be very difficult to keep up with the applicable immigration laws, the Department of Homeland security (DHS)’s notices and the Presidential Proclamations. If you are an international student, you not only have to focus on your classes but also have to...
On Monday, July 6, 2020 SEVP (Student and Exchange Visitor Program (a division of ICE) announced that students taking a full online course load in the fall semester are not allowed to remain in the US. This new rule was a departure from a previous exemption announced in March 2020, allowing students to study online...
The Student and Exchange Visitor Program (SEVP) is modifying the temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The modifications include the following: Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United...
There are a number of potential options for International students on an F-1 student visa to gain work experience that is directly related to their field of study. On-campus employment On-campus employment is permitted once classes have started provided it is on the school’s premises or at an off-campus location that is educationally affiliated with...
Jan282020
Filing for H-1B change of status while working as F-1 student under Curricular Practical Training (CPT) The regulations allow international student visa holders (F-1 students) to participate in practical training and accept employment while still under F-1 status if the F-1 students have been lawfully enrolled on a full-time basis in a qualified educational institution...
Recently I have found myself regularly consulting with clients on the pros and cons of taking day 1 CPT to enable a student to continue working. The typical scenario is when a student has exhausted their OPT/STEM OPT options and wants to continue working for the same employer. There are a handful of Universities offering...