Immigration Law

Recent Posts

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

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

Expert: UC Berkeley Should Settle OPT Lawsuit
Posted on 19 Mar 2021 by Daniel M. Kowalski

Elizabeth Redden, Inside Higher Ed, Mar. 19, 2021 "A former international student at the University of California, Berkeley, is suing the institution for misinforming him of a deadline for applying for authorization to work in the U.S. and costing... 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

New ICE Program Puts OPT Under Microscope
Posted on 13 Jan 2021 by Daniel M. Kowalski

ICE, Jan. 13, 2021 - New SEVP Unit to Oversee Employment Compliance in the OPT Programs and Report on Impact on U.S. Workers "SEVP is announcing the development of a new unit — the OPT Employment Compliance Unit — that will be dedicated... Read More

Expert: "Ridiculous" for ICE to Threaten DSOs (Law360)
Posted on 23 Oct 2020 by Daniel M. Kowalski

Alyssa Aquino, Law360, Oct. 21, 2020 (subscription) "The U.S. Department of Homeland Security warned Wednesday that universities could face penalties for approving international students' work placements that violate training program requirements... Read More

ICE Cracks Down Even More on OPT Students
Posted on 2 Sep 2020 by Daniel M. Kowalski

ICE, Aug. 28, 2020 via NAFSA, Aug. 31, 2020 "On August 28, 2020 SEVP sent DSOs Broadcast Message 2008-03 : SEVP to Mail Notices to OPT Students Without Employer Information , informing them of its plan to mail notices to OPT students "who... Read More

Tags: opt , nafsa , sevp , ICE

A SEVIS Reminder from USCIS
Posted on 20 Aug 2020 by Daniel M. Kowalski

USCIS, Aug. 18, 2020 USCIS Reminds F-1 Aliens in Post-Completion OPT and Their DSOs to Enter Employer Information in SEVIS "As exceeding unemployment limits can result in a loss of status, we are reminding F-1 aliens participating in post-completion... Read More

Expert: Trump Likely to Seek 'Political Cover' in OPT Controversy
Posted on 30 May 2020 by Daniel M. Kowalski

Elizabeth Redden, Inside Higher Ed, May 29, 2020 "Advocates for international students are raising alarm bells about a possible Trump administration plan to curtail a popular program that lets international students work in the U.S. for up to three... Read More

Next Trump Immigration Target: OPT For International Students
Posted on 4 May 2020 by Daniel M. Kowalski

Stuart Anderson, May 4, 2020 "Despite the peril facing U.S. universities and America’s difficulty in attracting international students, the Trump administration may impose new restrictions on students who want to work in the United States... Read More

Expert: DHS Should Waive OPT Filing Deadlines (Law360)
Posted on 12 Mar 2020 by Daniel M. Kowalski

Suzanne Monyak, Law360, Mar. 10, 2020 "U.S. Immigration and Customs Enforcement said in guidance released Monday that it will be “flexible” with visa rules for international students as universities close and move courses online to... Read More

Key Developments In Court Case To End OPT For Foreign Students
Posted on 6 Dec 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Dec. 3, 2019 "Optional Practical Training (OPT) allows international students to work for a time in the United States. It’s become important for attracting such students to America, particularly when new enrollment... Read More

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