Student Visas

DHS proposes changes related to on-the-job training program for STEM students

ICE Media Release, Oct. 16, 2015- "The U.S. Department of Homeland Security (DHS) today proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States.  The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions. The optional practical training program, or OPT, allows nonimmigrant international students and new graduates to extend their time in the U.S. on their F-1 student…Read More Breaking News

DHS Proposing a 24 Months Extension on OPT – Great News for F1 Students!

The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and…Read More Breaking News

Finally the OPT extension is going on rule-making process – Great News for F1 Students.

October 5 2015 - After a period of uncertainty and the lawsuit which actually "killed" the OPT extension, the government has finally followed the DC court in pushing the OPT extension.  As such the OPT extension went onto the OMB rule-making process. If it goes through,  the OPT extension will be going back on track. Yesterday, October 2, 2015, the USICE submitted the STEM OPT "proposed" rule to the OMB for its review and approval. This is the first step for the required rule-making procedures and steps. Once the OMB approves it, ICE will publish…Read More Breaking News

Decision Against Extension of F1 17 Months OPT – Wash. Alliance of Techn. Workers v DHS

Washington Alliance of Technology Workers v. U.S. Dept. of Homeland Security Plaintiff, Washington Alliance of Technology Workers (WATW), a collective-bargaining organization that represents science, technology, engineering, and mathematics (STEM), sued the Department of Homeland Security, challenging an interim final rule, promulgated by defendant DHS in April 2008, extending, for eligible STEM students, the duration of optional practical training (“OPT”), which allows nonimmigrant foreign nationals on an F-1 student visa to engage in employment during and after completing a course of study at a U.S. educational institution. At present, students may engage in OPT “after…Read More Breaking News

District Court of DC says STEM 17 months OPT extension is invalid

In the case of Wash. Alliance of Tech. Workers v. DHS, 8/12/15 - The DC District Court held that the 17 OPT extension was invalid because it was passed without notice or public comments. However due to the hardship on the technology sector, the court is granting DHS until February 12 2016 to place notice and public comments on the regulatory board. The F1 student visa program regularly provides one year of an OPT (EAD - work authorization document) to student graduating from a United States institution. For those who fall under STEM…Read More Breaking News

Consequences of Abusing the the Curriculum Practical Training (CPT) by students on the student visa.

What is a CPT? The CPT - Curriculum Practical Training program as its name suggest is a program offered by the USCIS allowing students on student visa to work as long as the work is an integral part of an established curriculum. CPT is defined as "alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school." Thus, CPT for F-1 students is intended to provide work experience in the U.S. in situations where the work serves as…Read More Breaking News