Immigration Law

Recent Posts

USCIS Updates Guidance for O-1 Petitions with a Focus on STEM Fields
Posted on 22 Jul 2022 by Daniel M. Kowalski

USCIS, July 22, 2022 "U.S. Citizenship and Immigration Services today updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science... Read More

STEM Guides and FAQs
Posted on 5 Jul 2022 by Daniel M. Kowalski

American Immigration Council "A series of new federal initiatives have been launched to help American businesses of all sizes connect with talented researchers and other highly-skilled individuals. Below, you will see a set of overview guides and... Read More

Tags: STEM

Cyrus Mehta on STEM Expansion, EB Visa Petition Transfers
Posted on 25 Jan 2022 by Daniel M. Kowalski

Bender's Immigration Bulletin Editorial Board Member Cyrus D. Mehta has two new blog posts online: Expansion of STEM Practical Training and Broadening of O-1A Standards Allows Foreign Talented Students to Contribute to the US Even If Rejected in... Read More

Expert: STEM Expansion a "Significant Step" for U.S. Competitiveness (Law360)
Posted on 24 Jan 2022 by Daniel M. Kowalski

Nadia Dreid, Law360, Jan. 21, 2022 "The Biden administration has implemented a pair of changes aimed at making it easier for international students in the STEM field to stay and work in the U.S. after graduation by widening the net of careers that... Read More

USCIS Provides Clarifying Guidance for O-1 Petitions with a Focus on STEM Fields
Posted on 22 Jan 2022 by Daniel M. Kowalski

USCIS, Jan. 22, 2022 "U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on petitions filed for individuals... Read More

STEM Expansion News (Jan. 21, 2022)
Posted on 21 Jan 2022 by Daniel M. Kowalski

Here is the Federal Register notice, Update to the Department of Homeland Security STEM Designated Degree Program List. Here is the DHS announcement, DHS Expands Opportunities in U.S. for STEM Professionals Here is the DOS announcement, New Initiatives... Read More

Consent Order in OPT Delay Class Action: Li v. USCIS
Posted on 27 Jul 2021 by Daniel M. Kowalski

Li v. USCIS, July 23, 2021 - See pp. 6-14 for the good results for the Plaintiffs...and counsel! Hats off to Porter Wright attorneys Caroline H. Gentry , Robert H. Cohen and Kirsten R. Fraser ! Read More

Immigration Bill Would Benefit International Students
Posted on 4 Mar 2021 by Daniel M. Kowalski

Karin Fischer, Chronicle of Higher Education, Mar. 3, 2021 "The new immigration bill, the U.S. Citizenship Act of 2021, would provide legal protections to Dreamers and make it easier for international STEM Ph.D.s to stay in the United States after... Read More

Tags: f-1 , opt , dual intent , STEM

SEVP Policy Guidance on Practical Training (Sept. 27, 2019)
Posted on 1 Oct 2019 by Daniel M. Kowalski

ICE, Sept. 27, 2019 SEVP Policy Guidance Practical Training - Determining a Direct Relationship Between Employment and a Student's Major Area of Study Read More

Save Optional Practical Training for Foreign Students - Cyrus Mehta
Posted on 9 Jul 2019 by Daniel M. Kowalski

Cyrus Mehta, July 8, 2019 "DHS promulgated the F-1 STEM optional practical training (OPT) benefit, with the publication of the “24-month STEM OPT Rule” that became effective on May 10, 2016. See 81 FR 13039 . This rule has been the... Read More

Report: No Evidence Foreign Students Reduce Job Opportunities for U.S. Workers
Posted on 12 Mar 2019 by Daniel M. Kowalski

NFAP, Mar. 5, 2019 "New research from a former Federal Reserve Bank economist finds no evidence that foreign students participating in Optional Practical Training (OPT) reduce job opportunities for U.S. workers, according to a new report released... Read More

USCIS Clarifies STEM OPT Extension Reporting Responsibilities and Training Obligations
Posted on 20 Aug 2018 by Daniel M. Kowalski

USCIS, Aug. 17, 2018 - "USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must... Read More

Tags: opt , USCIS , STEM

Advance Copy of DHS Proposed STEM OPT Expansion, Improvement
Posted on 16 Oct 2015 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 10/19/2015 - Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students ICE Media Release, Oct... Read More

Tags: f-1 , proposed rule , opt , DHS , STEM

STEM OPT Rule Vacatur Extension Granted to May 10, 2016
Posted on 25 Jan 2016 by Daniel M. Kowalski

WashTech v. DHS, Jan. 23, 2016 - "DHS’s motion for limited relief will be GRANTED, and the Court’s August 12, 2015 stay of vacatur will be extended until May 10, 2016." Read More

Tags: opt , washtech , STEM

Debunking the Top Ten Arguments Against High-Skilled Immigration
Posted on 20 Apr 2015 by Daniel M. Kowalski

"Despite overwhelming evidence to the contrary, a vocal group of advocates insists that the United States does not face a shortage of science, technology, engineering, and mathematics (STEM) workers. The advocates argue incorrectly that high-skilled... Read More