Visa Lawyer Blog

Articles Posted in Optional Practical Training

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mohamed_hassan-exam-3588192_1280The Department of Homeland Security (DHS) has proposed a major change to the Optional Practical Training (OPT) program for F-1 international students.

Under a proposed rule published on October 8, 2026, schools would be required to pay a $70,000 fee the first time an F-1 student is recommended for OPT. A $30,000 fee would apply to each subsequent OPT recommendation, including a STEM OPT extension.

For example, an F-1 student who completes 12 months of post-completion OPT and then receives a 24-month STEM OPT extension could generate $100,000 in total fees—$70,000 for the initial OPT period and another $30,000 for the STEM extension.

Who Would Pay the Fee?

Technically, the SEVP-certified school, not the student or employer, would be responsible for paying the fee before the school’s designated school official (DSO) could recommend the student for OPT.

However, DHS acknowledges that schools could pass some or all of that cost on to the F-1 student, other students, or employers.

The fee would be connected to the school’s OPT recommendation, not to a particular employer. Changing employers alone would therefore not trigger another fee.

Why Is DHS Proposing the Change?

DHS says the new fees are intended to reduce fraud and abuse in the OPT program, strengthen immigration enforcement and program integrity, and address concerns about the impact of OPT employment on U.S. workers.

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rainbowart-hat-1217913_1920The Trump administration is reportedly considering a $100,000 fee for international students who want to remain in the United States and work after graduating from an American university.

According to The Wall Street Journal, the proposal is being discussed within the Department of Homeland Security but has not been formally approved or published as a proposed regulation. Important details—including whether the student, university, or employer would pay the fee—remain unresolved.

The fee would affect students seeking employment through Optional Practical Training, commonly known as OPT. The program allows eligible F-1 students to obtain temporary employment directly related to their field of study. Standard post-completion OPT generally lasts up to 12 months, while qualifying STEM graduates may receive an additional 24-month extension.

A $100,000 charge would dramatically increase the cost of remaining in the United States after graduation. It could discourage international students from attending American universities and make it more difficult for employers in technology, finance, research, and other specialized industries to recruit graduates.

The reported proposal follows broader changes to student immigration policy, including new fixed periods of admission and extension requirements for certain F-1 students. DHS has acknowledged that international students contribute to American universities, research, innovation, and local economies, while maintaining that additional restrictions are needed to improve oversight and prevent fraud.

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yamu_jay-ai-generated-8998390-scaledThe Department of Homeland Security has issued a final rule ending the longstanding practice of admitting certain foreign nationals for “duration of status,” commonly shown as D/S on Form I-94.

The rule is scheduled to take effect on September 15, 2026. Because it is classified as a major rule subject to congressional review, DHS will publish another notice if Congress changes the rule or its effective date.

Who Is Affected?

The rule applies to:

  • F visa holders: International students and their dependents;
  • J visa holders: Exchange visitors and their dependents; and
  • I visa holders: Representatives of foreign information media and their dependents.

What Is Changing?

F, J, and I visa holders have traditionally been allowed to remain in the United States while they continued their authorized studies, exchange programs, practical training, or media assignments.

Under the new rule:

  • Form I-94 will contain a specific expiration date;
  • An updated Form I-20 or Form DS-2019 will not automatically extend a person’s authorized stay;
  • Individuals who need additional time must generally apply for an extension with USCIS; and
  • USCIS may require biometrics as part of the extension process.

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Highlights

  • Starting March 1, 2026, the premium processing fee for I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase to $2,965, from $2,805. Fees for premium processing of certain I-129 petitions for nonimmigrant workers, I-539 petitions to extend/change nonimmigrant status, and I-765 EADs for OPT and STEM classifications will also increase.
  • The new fees apply to filings postmarked on or after March 1, 2026.
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media-998990_1280On June 18, 2025, the State Department announced that U.S. Embassies and Consulates around the world will resume scheduling appointments for F, M, and J nonimmigrant visas, introducing new guidance that includes stricter vetting procedures and an expanded review of applicants’ social media activity.

Moving forward, all F, M, and J nonimmigrants applying for visas at U.S. Consulates overseas will be instructed to change their social media privacy settings to “public” so that they can be reviewed by Consular officers. Those who fail to comply may be presumed to be evading the vetting process and risk having their application denied.

Under the State Department’s new policy that views a U.S. visa as a privilege rather than a right, these enhanced screening and vetting measures aim to identify individuals who may present a threat to our national security.

As part of the process, visa officers will closely examine applications to confirm both the applicant’s eligibility for the requested visa and their intent to carry out activities aligned with the purpose of their entry into the United States. Internal guidance sent to Consular officers also states that officers should look for, “any indications of hostility toward the citizens, culture, government, institutions, or founding principles of the United States.”

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beverly-kimberly-tfiGOGEmJVI-unsplash-scaledOn June 4, 2025, President Trump continued his ongoing assault on Harvard University with a new Executive Order entitled, “Enhancing National Security by Addressing Risks at Harvard University.”

Effective June 4th, the order suspends the entry of all nonimmigrants and exchange visitors bound for Harvard University for a period of 6 months, citing national security concerns over Harvard’s failure to police foreign students and ensure that foreign nationals admitted on student and exchange visitor visas remain in compliance with Federal law.

The executive order also accuses Harvard of having extensive entanglements with foreign adversaries including China.

Who is affected?

All nonimmigrants who enter or attempt to enter the United States to begin attending Harvard University through the Student and Exchange Visitor Program (SEVP) after the effective date of the proclamation (June 4, 2025).

The executive order further empowers the Secretary of State Marco Rubio to consider in his discretion whether foreign nationals who currently attend Harvard University and are in the United States pursuant to F, M, or J visas, should have their visas revoked pursuant to the proclamation.

Who is not affected?

The suspension does not impact Harvard students who are already inside the United States with a valid student visa as of the effective date of the proclamation.

The suspension also does not apply to any alien who enters the United States to attend other universities through the Student and Exchange Visitor Program (SEVP).

It also does not apply to any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designated representatives.

Impact on Harvard Students Currently in the United States

The executive order does not:

  • Restrict change or extension of status applications filed with U.S. Citizenship and Immigration Services (USCIS)
  • Revoke existing visas, I-94, or STEM OPT work authorization status for students currently in the United States

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danilo-rios-bj5y_XuSm58-unsplash-scaledThe Trump administration is not letting up on its campaign to target international students applying for visas at U.S. Embassies and Consulates, beginning with Harvard University students.

On Friday May 30, 2025, the Secretary of State Marco Rubio sent an internal cable to U.S. Embassies and Consulates worldwide requiring them to “immediately begin additional vetting” for all applicants seeking a visa to travel to Harvard University “for any purpose.”

While the internal cable is not publicly available, its contents have been reviewed by several prominent media outlets including Politico and CNN.

According to their reports, the cable indicates that the State Department has adopted a new policy requiring Consulates and Embassies to review the social media accounts of all nonimmigrant visa applicants seeking to attend Harvard University, including prospective students, current students, faculty members, contractors, guest speakers, and even tourists visiting the university. This initiative, directed by Secretary of State Marco Rubio through a diplomatic cable, is set to begin immediately and serves as a pilot program that is expected to expand to other U.S. schools, colleges, and universities.

The policy specifically targets the identification of antisemitic content and antisemitic viewpoints published on online social media platforms. The cable notes, “the enhanced vetting measures described in this guidance aim at ensuring that consular officers can appropriately identify such visa applicants with histories of antisemitic harassment and violence, and to duly consider the visa eligibility under U.S. immigration law.” Notably, the cable does not specify what specifically would indicate “inadmissible antisemitism” nor does it define online activities that would render an individual ineligible for a visa.

Consular officers are instructed to conduct comprehensive screenings of applicant’s social media accounts, including those set to private. The cable notes that consular officers should determine, either in pre-screening or an interview, if the applicant is seeking to travel to Harvard, and such applicants should be refused a visa “pending review of their online presence.”

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border-6971270_1280Today, October 17, 2024, the U.S. government announced new measures providing immigration relief to Lebanese nationals currently residing inside the United States.

18-Month Designation of TPS for Lebanon

Firstly, the Department of Homeland Security (DHS) has announced the designation of Lebanon for Temporary Protected Status (TPS) for a period of 18 months. This decision marks Lebanon’s first designation for TPS.

This designation was made based on ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent its nationals from safely returning to their country.

A notice will soon be published in the Federal Register confirming the Secretary of Homeland Security’s designation of Lebanon including more details regarding the designation. Lebanese nationals who are approved for TPS can lawfully remain in the United States while the security situation improves. Those who are eligible can apply for temporary employment authorization by filing Form I-765 Application for Employment Authorization at the same time of filing Form I-821, Application for Temporary Protected Status.

What We Know

To be eligible for TPS under the Lebanon’s designation, Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) must demonstrate continuous residence in the United States since October 16, 2024.  Those who attempt to enter the United States after October 16, 2024, are ineligible for TPS. Lebanese nationals currently not residing in the United States are also ineligible to receive benefits.

The program’s effective date has not yet been announced but is expected to be published in the Federal Register in the coming weeks including the application instructions.

As a reminder, TPS applicants must meet all eligibility requirements and undergo security and background checks to gain approval.

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Today, January 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the final phase of its expansion of premium processing for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 immigrant classifications.

Who does this phase apply to?

This phase applies to new (initial) petitions, and all previously filed Form I-140 petitions under an E13 multinational executive and manager (EB-1C) classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) (EB-2).

When does premium processing open for new and pending EB-1C and EB-2 petitions?

Under the final phase of premium processing, effective January 30, 2023, USCIS will begin accepting premium processing upgrades for:

  • All pending E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2), and
  • All initial E13 multinational executive and manager petitions (EB-1C) and E21 NIW petitions (EB-2)
  • Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

The expansion of premium processing was first known to the public with the release of the final rule entitled, “Implementation of the Emergency Stopgap USCIS Stabilization Act,” published in the Federal Register on March 30, 2022. As part of this final rule, USCIS announced the gradual expansion of premium processing to certain additional form types over a three-year period.

Background of the Planned Expansion of Premium Processing

The first phase of the planned expansion of premium processing was announced during May of 2022 and applied to certain pending EB-1 Multinational Executive and Manager and EB-2 NIW petitions.

Later, in July the agency announced a second phase of premium processing expanding premium processing of these categories to EB-1C petitions received by USCIS on or before July 1, 2021, and EB-2 petitions received by USCIS on or before August 1, 2021.

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In this blog post, we bring you some unfortunate news. Recently, the U.S. Department of Education announced that it will no longer recognize the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

Sadly, this means that certain F-1 student visa applicants will be impacted by this change, including those undertaking an English language study program. The U.S. Citizenship and Immigration Services has said that such programs are required to be accredited under the Accreditation of English Language Training Programs Act.

Additionally, this change will impact F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, because government regulations now require use of a degree from an accredited, Student and Exchange Visitor Program (SEVP) certified school to receive a STEM OPT extension.

The regulations make clear that the school must be accredited at the time of the application (the date of the designated school official’s (DSO) recommendation on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status).

What happens next?

Students who have been impacted by this change will receive notification letters from SEVP informing them that their schools’ certification has been withdrawn.

USCIS has said that students who are enrolled at an ACICS-accredited school should contact their DSOs immediately to understand how this loss of accreditation will impact their status and/or immigration benefits.

To make matters worse, schools accredited by ACICS will not be able to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school chooses to voluntarily withdraw its certification or if is withdrawn by SEVP.

If a student’s ACICS-accredited school can provide evidence of a Department of Education recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

Requests for Evidence Imminent for I-539 Extend/Change of Status

The U.S. Citizenship and Immigration Services (USCIS) will be issuing requests for evidence (RFEs) to individuals who filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after August 19, 2022, requesting a change of status or reinstatement to attend an ACICS-accredited English language study program.

Once the individual receives the RFE, they will be given the opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from a school accredited by an entity recognized by the Department of Education, USCIS will deny a change of status or reinstatement request.

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