Trump administration suspends the entry Nonimmigrants of Certain Students and Researchers (graduate level in F and J visa, undergrads are not affected) from the People’s Republic of China (PRC). This restriction is narrow but the practical impact is going to be felt by others and those already in the U.S. too. Those studying or conducting[Read More]
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USCIS Clarifies the STEM OPT Extension Reporting Responsibilities and Training Obligations allowing off-site placement so long as long as all of the training obligations are met
Adhikari Law PLLC, Washington, DC, August 17, 2018. USCIS has said it is going to update the Optional Practical Training Extension for STEM Students (STEM OPT) page of their website to clarify the reporting responsibilities for participating in the STEM OPT program. STEM OPT participants may engage in a training experience that takes place at[Read More]
USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors
Washington, D.C. U.S. Citizenship and Immigration Services (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. F, J, or M nonimmigrants who failed to maintain their nonimmigrant status before August 9, 2018 start accruing unlawful presence based on that failure[Read More]
Practice Alert: STEM OPT at a Third-Party Location by a consulting company
In April 2018, USCIS updated the page on its website relating to Optional Practical Training Extension for STEM Students (STEM OPT) which seems to indicate its view that F-1 students in the STEM OPT program are not permitted to engage in OPT at third-party locations. Of particular concern is the following statement: “For instance, the training[Read More]
Cap Gap Extension for F-1 student for whom H-1B was timely filed with start date of Oct. 1
There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Regulations prohibit employers from filing H-1B petitions until six months before the date of actual need for the employee. This[Read More]