USCIS Announces Proposed Rule for STEM Extensions of OPT

Pursuant to recent Federal court litigation (discussed previously in TSA emails), USCIS has proposed a new rule for STEM (science, technology, engineering and math) optional practical training (OPT).  Basically the new rule will allow for a 24 month extension for STEM graduates to the basic 12 months of OPT provided to most F-1 student graduates. […]

Step Right Up, Nurses, and Get Your Green Cards!

For the first time in almost seven years, Registered Nurses have the opportunity to obtain permanent residence during the Optional Practical Training (OPT) period immediately after graduation as an F-1 student.   The reason for this is actually very simple:  the Third Preference and “Other Workers” categories are almost current for all countries except China, India[…]

CIS Makes Recent LCA/H-1 Rule Retroactive to H-1 Employees Previously Transferred to New Locations

As background, the Administrative Appeals Office (AAO) issued a decision which reverts the H-1 and LCA requirements to their original form from the early 1990s.  Specifically, if an H-1 employee is transferred to a new location, and that location is not listed on the original LCA filed with DOL before the original I-129 was filed[…]

Don’t Forget the New Rules for Changing Locations for H-1 Employees: CIS is Already Using Audits to Insure Compliance!

Just as a reminder, on April 9, 2015, the Administrative Appeals Office (AAO) issued an important decision which significantly changed the process and requirements for H-1 employees who change locations. More accurately, the AAO decision was really a return to the requirements which were in place from the early 1990s until a series of INS/CIS[…]

Some Bad News for Anti-Immigration Groups

The President’s Executive Order regarding “illegal aliens” in the US has finally been clarified and it looks like, as was stated at the beginning, no one is being legalized or being given amnesty.  We know that many anti-immigration groups wanted to use this “amnesty” against the President but that ignores the fact that the President[…]

Practice Alert: Avoiding EB-5 Investment Scams

The Securities and Exchange Commission (SEC) and U.S. Citizenship and Immigration Services (USCIS) have issued a joint fraud alert for the EB-5 investor program.   According to the alert, the agencies are aware of multiple investment scams targeting foreign nationals who seek to become lawful permanent residents through the EB-5 Immigrant Investor Program. Moreover, the[…]