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USCIS to Publish Revised Form I-539 and New Form I-539A

2019-02-12T16:36:54+00:00Feb 12, 2019|

USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on their website on March 11, 2019. Beginning March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19. They will reject any Form I-539 with an edition date of 12/23/16 or earlier. [...]

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

2018-08-10T16:27:40+00:00Aug 10, 2018|

USCIS has published a revised final policy memorandum related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M non-immigrants who fall out of status and timely file for reinstatement of that status will [...]

USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors

2018-05-16T15:16:39+00:00May 16, 2018|

USCIS has posted a policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States. This policy aligns with President Trump’s Executive Order: Enhancing Public Safety in the [...]

Extending OPT beyond the initial period and When to Apply for STEM OPT

2018-05-16T14:20:06+00:00May 4, 2018|

CAP Gap Employment: The USCIS has clarified that F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization. An F-1 student who is the beneficiary of an H-1B petition and request for change of status that is filed on time may have his [...]

ALERT for Students w/Cap Gap Waiting on H-1B CAP Rejection or Decision

2018-03-03T14:52:37+00:00May 8, 2017|

USCIS announced on May 3, 2017 that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame [...]

Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

2018-03-04T00:58:48+00:00Apr 21, 2016|

ALERT: Effective May 10, 2016, DHS is amending its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Such F-1 students who have elected to pursue 12 months of post-completion OPT in the United States may [...]

SEVP Webinar on STEM OPT 24-Month Extension Final Rule

2018-03-04T01:00:55+00:00Mar 22, 2016|

On 3/11/16, DHS published a final rule on the OPT program for students in STEM fields. The new STEM OPT extension is a 24-month period of temporary training and replaces the 17-month STEM OPT extension, and takes effect on 5/10/16. SEVP will host a live webinar on April 14, 2016 from 2 to 3 p.m. [...]

SEVP Unveils Online STEM OPT Hub and Resources on DHS Final Rule

2018-03-04T01:06:01+00:00Mar 14, 2016|

The Student and Exchange Visitor Program (SEVP) released a STEM OPT hub page on the Study in the States website, to help school officials, students, and employers understand the new DHS final rule on OPT for F-1 students. The website includes a transition plan and training plan, as well as FAQs. Form I-983, Training [...]

DHS Final Rule Offers More Flexibility to Students – Highlights

2018-03-04T01:03:16+00:00Mar 13, 2016|

The Department of Homeland Security is issuing a final rule that will allow certain foreign students with science, technology, math, or engineering (STEM) degrees to extend their optional practical training or "OPT" period by 2 years, on top of the 1 year already allowed for graduates in all fields. The rule is scheduled to go [...]