The new replacement rule affecting the Optional Practical Training (OPT) program for F-1 students with degrees in science, technology, engineering, or mathematics (STEM), has been posted and is now available for inspection in the federal register. The new replacement rule will replace the previous 2008 rule and become effective beginning…
As previously reported, the Department of Homeland Security was given a 90-day extension earlier this year, by the Federal District Court of Columbia to issue a new replacement rule for the STEM Optional Practical Training (OPT) program to continue. The STEM OPT program, a program that had been in place…
Last week, the Senate held a hearing scrutinizing the temporary H-1B skilled worker program, the second hearing of its kind within just one year. At issue was the protection of American jobs and dissatisfaction with the program among conservatives in the Senate, who believe the program has caused job displacement…
On January 23, 2016 a Federal District Court Judge for the District of Columbia granted the federal government an extension for the STEM Optional Practical Training (OPT) program to resume, giving the Department of Homeland Security (DHS) more time to issue a new replacement rule. The STEM OPT program had been in…
What is the H-1B Visa? The H-1B visa is a work visa that is awarded on a lottery basis. The H-1B visa program allows American companies and/or qualifying organizations to employ foreign workers to fill specialty occupations temporarily. The foreign worker must posses a combination of education, specialized training, and/or…
As previously reported, the STEM Optional Practical Training (OPT) rule that had been in place since 2008, was invalidated following a court order requesting the Department of Homeland Security to issue a new replacement rule. The court gave the DHS until February 12, 2016 to come up with a replacement…
By Yingfei Zhou, Esq. Last week, attorneys Yingfei Zhou, Esq. and Marie Puertollano, Esq. from our office attended the 28th AILA California Chapter Conference on Immigration Law held in San Diego, California. Together, they brought our audiences the latest updates on various issues discussed at the government open forums. USCIS…
On August 12, 2015, U.S. District Judge Ellen Segal Huvelle vacated the Department of Homeland Security’s 17-month STEM OPT Extension program that has been in existence since 2008. But because an immediate vacatur of the STEM OPT program would cause “substantial hardship” to thousands of F-1 students and create a…
President Obama’s executive action announced on November 20, 2014 fell short in many ways than one for many people residing in the United States—both legally and illegally. Though a marginalized few have been allowed to come out of the shadows, some of the world’s best and brightest have been…
By Ekaterina Powell, Esq. Our office has received a few inquiries on the subject of volunteer work while on OPT and consequences of unemployment, and we have decided to address these issues in further detail for our readers. Conditions of Employment while on OPT The main conditions of employment while…