Immigration Law

Recent Posts

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

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

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

Cyrus D. Mehta - Suffocating The Foreign Entrepreneur Under The New STEM OPT Rule
Posted on 22 Mar 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Mar. 21, 2016 - "F-1 employers must attest that the F-1 employee is paid a salary commensurate with similarly situated workers and that: “(1) it has sufficient resources and trained personnel available to provide appropriate... Read More

Advance Copy of F-1 OPT STEM Final Rule
Posted on 9 Mar 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 03/11/2016 - "The Department of Homeland Security (DHS) is amending its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with... Read More

Tags: f-1 , opt , final rule , STEM

Opportunity Knocks in Disappointing Decision Vacating STEM OPT Rule for Foreign Students - Cyrus D. Mehta
Posted on 16 Aug 2015 by Daniel M. Kowalski

"WashTec may have successfully been able to obtain a vacatur of the 2008 rule effective February 12, 2016, but theirs is only a Pyrrhic victory since the court has essentially endorsed the legality of both the 12 month practical training periods... Read More

Tags: opt , mehta , washtec , STEM

USCIS Interim Memo for Comment: Extension of OPT for STEM
Posted on 22 Oct 2013 by Daniel M. Kowalski

SUBJECT: 17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students Enrolled in Science, Technology, Engineering, and Mathematics (STEM) Degree Programs "The purpose of this policy memorandum (PM) is to clarify the... Read More

GAO: DHS Final Rule re F-1 STEM OPT OK
Posted on 15 Apr 2016 by Daniel M. Kowalski

GAO, Mar. 28, 2016 - "Enclosed is our assessment of DHS’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps taken indicates that, with... Read More

Tags: f-1 , opt , final rule , STEM , GAO

F-1 STEM OPT Final Rule
Posted on 11 Mar 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 - "The Department of Homeland Security (DHS) is amending its F–1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science... Read More

Tags: f-1 , opt , final rule , STEM

Court Extends Deadline for New Post-Study STEM Work Rules
Posted on 11 Feb 2016 by Daniel M. Kowalski

ICEF, Feb. 5, 2016 - "What comes next, according to immigration attorney David Ware of the immigration law firm Ware Immigration, could be even more interesting. Mr Ware anticipates that the proposed regulatory changes may well lead to further litigation... Read More

Tags: Regulation , opt , Ware , lawsuit , STEM

A Closer Look At The Form I-983 Training Plan for STEM OPT Students - Cora-Ann V. Pestaina
Posted on 27 Apr 2016 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Apr. 27, 2016 - "In order to obtain this new 24-month STEM OPT, the employer must have an Employer Identification Number (EIN) and be enrolled in and using the E-Verify program at the STEM OPT worksite. The employment opportunity... Read More

Tags: opt , mehta , pestaina , training , STEM , i-983

SEVP Unveils Online STEM OPT Hub
Posted on 11 Mar 2016 by Daniel M. Kowalski

ICE, Mar. 11, 2016 - "On Friday, the U.S. Department of Homeland Security published amended regulations on optional practical training (OPT) for certain international students with science, technology, engineering and mathematics (STEM) degrees from... Read More

Tags: opt , sevp , hub , STEM