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Articles Posted in STEM OPT

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H-1B Blunders: USCIS Announces Suspension of Premium Processing for FY 2019 H-1B Cap Subject Petitions, A Word of Warning

In what seems like déjà vu, today, March 20, 2018 the United States Citizenship and Immigration Services (USCIS) formally announced that the agency will be temporarily suspending premium processing service for all fiscal year 2019 cap-subject petitions, including petitions that seek an exemption for individuals who possess a U.S. master’s…

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Labor Union of Technology Workers Challenges STEM OPT Program

A new lawsuit has been filed in federal court challenging the Department of Homeland Security’s authorization of the Optional Practical Training (OPT) for STEM students in the United States. The Washington Alliance of Technology Workers is seeking an end to the STEM OPT program because they claim the program is…

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New OPT Extension for STEM Students, Applications to be Accepted Beginning May 10th

As previously reported, the Department of Homeland Security published a new final rule that will allow certain F-1 students with degrees in science, technology, engineering, or mathematics, also known as (STEM) fields, to apply for a 24-month extension of their optical practical training (OPT) program. This new 24-month OPT extension…

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New OPT STEM Rule for F-1 Students Effective May 10, 2016

The new replacement rule affecting the Optional Practical Training (OPT) program for F-1 students with degrees in science, technology, engineering, or mathematics (STEM), has been posted and is now available for inspection in the federal register. The new replacement rule will replace the previous 2008 rule and become effective beginning…

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UPDATE: Review of New STEM OPT Replacement Rule Completed

As previously reported, the Department of Homeland Security was given a 90-day extension earlier this year, by the Federal District Court of Columbia to issue a new replacement rule for the STEM Optional Practical Training (OPT) program to continue. The STEM OPT program, a program that had been in place…

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Judge Grants DHS 90-Day Extension for STEM OPT Replacement Rule

On January 23, 2016 a Federal District Court Judge for the District of Columbia granted the federal government an extension for the STEM Optional Practical Training (OPT) program to resume, giving the Department of Homeland Security (DHS) more time to issue a new replacement rule. The STEM OPT program had been in…

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The H-1B Guide: Preparing for H-1B Season

What is the H-1B Visa? The H-1B visa is a work visa that is awarded on a lottery basis. The H-1B visa program allows American companies and/or qualifying organizations to employ foreign workers to fill specialty occupations temporarily. The foreign worker must posses a combination of education, specialized training, and/or…

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UPDATE: STEM OPT Replacement Rule Delayed

As previously reported, the STEM Optional Practical Training (OPT) rule that had been in place since 2008, was invalidated following a court order requesting the Department of Homeland Security to issue a new replacement rule. The court gave the DHS until February 12, 2016 to come up with a replacement…

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AILA Government Open Forum Updates

By Yingfei Zhou, Esq.  Last week, attorneys Yingfei Zhou, Esq. and Marie Puertollano, Esq. from our office attended the 28th AILA California Chapter Conference on Immigration Law held in San Diego, California. Together, they brought our audiences the latest updates on various issues discussed at the government open forums. USCIS…

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Federal Court Vacates The 17-Month STEM OPT Extension Program But Allows Further Action From DHS Till February 12, 2016

On August 12, 2015, U.S. District Judge Ellen Segal Huvelle vacated the Department of Homeland Security’s 17-month STEM OPT Extension program that has been in existence since 2008. But because an immediate vacatur of the STEM OPT program would cause “substantial hardship” to thousands of F-1 students and create a…

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