Student Visas

USCIS to Publish Revised Form I-539 and New Form I-539A

Changes to form I539. This is an announcement from the USCIS: We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier. We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 11. Form…Read More Breaking News

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

Guidance Updated After Public Comment Period WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. On May 10, 2018, USCIS posted a policy memorandum changing the way…Read More Breaking News

Federal Register Changed not to allow third party placement of OPT student!

Following an abrupt change of the Federal Register, it seems that the USCIS has decided that third party placement of OPT students are not acceptable. The amendment states: [T]he training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training…Read More Breaking News

Immigrants’ Know Your Rights Law Show

December 2 2016 - Many have been asking what might happen to immigration once Donald Trump takes power. There were a lot of proposed immigration changes which have not been formalized. However, based on certain groups analysis and the Trump's chosen Cabinet, we can come to our own conclusions. Note at this point we can only guess what might happen until we see some actual new regulations or immigration laws passed. This law show covers not only the issues but also what immigrants should do to prepare for eventual changes in immigration law.…Read More Breaking News

Class Action Filed by UNNJ students

After a long fight for UNNJ student, a class action was finally filed. According to AILA: A group of students filed a class action lawsuit in the U.S. District for the Eastern District of New York challenging the government's determination that they committed visa fraud by enrolling at the University of Northern New Jersey (UNNJ). The plaintiffs are seeking declaratory and injunctive relief to require the government to provide the students with individualized proceedings in which they can challenge the government's fraud determination, prevent the government from using their enrollment at UNNJ to…Read More Breaking News

Herguan University SEVP is being terminated

Based on federal regulation, Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time. On Oct. 6, 2016, SEVP informed officials at Herguan University that the school’s Student and Exchange Visitor Information System (SEVIS) access will terminate as of Jan. 11, 2017. As of Oct. 6, Herguan University will no longer be able to issue any new Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” but will retain SEVIS access until the aforementioned date to manage any current student records. Herguan University nonimmigrant students…Read More Breaking News

Possible Class Action by famous Attorney Ira Kurzban for UNNJ students.

  • Posted on July 28, 2016
  • /Under UNNJ
This is an announcement from a group of volunteers from UNNJ regarding all those affected by the University of Northern New Jersey (UNNJ) tragic situation. We are UNNJ student volunteer group founded by 15 former UNNJ students. In the past 2 months, we were actively seeking opportunities of a class action to fight against the fraud charge and regain our lawful status. Up to this moment, we have made significant progress. The legend of American Immigration Law, Mr. Ira Kurzban, who is a past-national President of the American Immigration Lawyers Association and has…Read More Breaking News

Consulting companies can place STEM OPT students but cannot sign the form I-983

After a clarification from DHS that placement companies also known as consulting companies can actually place students on 24 Months STEM OPT, there is still the question on who or which organization is allowed to sign on form I-983 to obtain the form I-20 OPT and ultimately get a work authorization. This article from the website of "Study in the States" partly clarifies who can actually sign on the form I-983 in such cases.  The DHS is mentioning who should sign he form I-983  when candidates are placed at a third party organization.…Read More Breaking News

Shah Peerally Law Show June 30th 2016

This law shows covers H4 visa and H4 EADs most frequently asked questions including changing jobs while and spouse on H4 EAD, revocation of I-140 impact on H4 and H4 EAD.  Attorney Shah Peerally also covers issues relating to students new rules on I-983.  Listen to the recorded podcast on ITunes, Google play and Podomatics.Read More Breaking News

Alert for F1 Students entering the United States

June 15 - 2016 - We have been getting multiple reports of students being returned from the airport on just impression that they are not compliant with the student visa. Note that these are called expedited removal proceedings which carry a mandatory bar of 5 years to entry to the United States. We are advising cautions to foreign students and we recommend talking to a lawyer before traveling abroad. You can reach us at (510) 742 5887 if you need help.Read More Breaking News

What is/are acceptable field(s) to be filled for CPT or OPT employment.

Following a question by AILA members on CPT and OPT, this is what the USCIS answered: Some Designated School Officials (DSOs) endorse Forms I-20 with only the dates of practical training, and not the employer name. May an employer accept such an I-20 (with the passport and I-94 card) for I-9 purposes without additional documentation, or must the employer obtain documentation listing the specific employer? An acceptable Form I-20 for curricular practical training or optional practical training STEM extension (STEM OPT) should have all Employment Authorization fields completed. The Form I-20 Employment Authorization…Read More Breaking News

Are the Students of NorthWestern Polytechnic University (NPU) in trouble?

May 30 2016 - Is NPU (NorthWestern Polytechnic University) next in the list of investigated Universities? An article on Buzzfeed on May 26 2016 describes NPU as “A college on the edge of Silicon Valley has turned itself into an upmarket visa mill, a BuzzFeed News investigation has found, deploying a system of fake grades and enabling thousands of foreign students to enter the United States each year — while generating millions of dollars in tuition revenue for the school and the family who controls it." The issue at hand is not whether NPU…Read More Breaking News