On July 12, 2023, the U.S. Department of Homeland Security (DHS) announced the addition of eight new fields of study to the STEM Optional Practical Training (OPT) program. The OPT program allows foreign national students holding F-1 status to gain practical experience in their field of study for up to one year after graduation. However…

On Jan. 21, 2022, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance in the USCIS Policy Manual to address national interest waivers for advanced degree professionals or persons of exceptional ability. This update clarifies how the national interest waiver can be used by science, technology, engineering, and mathematics (STEM) graduates and entrepreneurs.

The…

The U.S. Citizenship and Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization online if they are filing for: pre-completion OPT, post-completion OPT, or STEM OPT. The online filing option comes in the midst of USCIS’ significant backlogs in issuing receipt notices and…

On Jan. 25, Senators Orrin Hatch (R-UT) and Jeff Flake (R-AZ) introduced S. 2344, the Immigration Innovation Act of 2018, or I-Squared.  I-Squared has been long-championed by Senator Hatch and the reintroduction of it this Congress includes “updates for this Congress.” Per Senator Hatch-
Continue Reading U.S. Senate legislation Introduced to Address H-1B and Employment-Based Immigration Reforms

Greenberg Traurig attorneys, Kate Kalmykov and Nataliya Rymer, recently presented at the 2016 CIAD Conference hosted at the New School in New York City.  Attended by representatives including ISOs and DSOs from over 25 educational institutions across the East Coast, this two day event provided insight on career issues in arts and design.  Kalmykov…

Today DHS released an advanced copy of its final rule allowing foreign students with degrees in Science, Technology, Engineering, and Mathematics (STEM) to extend their Optional Practical Training (OPT) for an additional 24 months.  DHS will publish the final rule in the Federal Register this Friday.  The rule will go into effect on May 10. …

On Jan. 23, 2016, the U.S. District Court for the District of Columbia granted the Department of Homeland Security (DHS) additional time–until May 10, 2016–before the court’s vacatur of the 2008, 17-month Optional Practical Training (OPT) STEM Extension rule would go into effect. DHS requested this additional time to review more than 50,000 comments it…

In August 2015, the U.S. District Court for the District of Columbia determined that the Department of Homeland Security (DHS) improperly promulgated the regulation allowing the 17-month STEM extension for optional practical training (OPT) because the regulation was not subject to notice and comment rulemaking, which requires DHS to consider public comments before making the…