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Nonimmigrant Status 30/60 Day Rule Amended to Impose Stricter Requirements for “Inconsistent Conduct”

The U.S. Department of State ("DOS") has amended a section of the Field Adjudicators Manual ("FAM") which pertains to government officials' determinations of misrepresentation by applicants and specifically with respect to activities permitted in the U.S. on nonimmigrant visas. 9 FAM 302.9-4(B)(3) has been amended to include a section called "Inconsistent Conduct Within 90 Days [...]

By | 2017-09-21T10:54:40+00:00 September 21st, 2017|Articles, ESTA, F-1, News, News Alert, Travel|

Reminder: OPT Cap-Gap Employment with Pending H-1B Valid Only Until September 30th

This year’s busy H-1B cap season included many H-1B employee candidates who hold F-1 status and who are employed in the U.S. pursuant to F-1 optional practical training (OPT) status.    Out of these F-1 visa holders, many rely on the OPT cap-gap rule to continue working in the U.S. after the post-April [...]

By | 2017-08-17T12:07:47+00:00 August 16th, 2017|Articles, F-1, News, News Alert, Students|

USCIS Clarifies H-1B Master’s Cap Degree Must be Obtained While University is Accredited

The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators.    USCIS clarifies that in order to be able to qualify for an H-1B cap exemption based on a [...]

By | 2017-06-01T12:31:01+00:00 June 1st, 2017|AAO, Articles, F-1, H-1B, News, News Alert, Policy|

Immigrants in Trump’s America – Should I Carry My Immigration Papers With Me?

In the era of increased immigration enforcement under President Trump, our foreign national clients and readers are increasingly asking about the requirements on carrying specific immigration documents with them while they are in the U.S. – whether around town or for domestic U.S. travel. We find that this topic is not very [...]

By | 2017-05-20T21:46:58+00:00 March 1st, 2017|Compliance, F-1, H-1B, ICE, News, Policy, Travel|

The F-1 OPT Cap-Gap Rule: Extension of Post-Completion OPT and F-1 Status for Eligible Students Applying for H-1B Cap

Spring and early summer are generally busy period for recent foreign college graduates as far as employment immigration is concerned.  On one hand, foreign college graduates are either applying for their initial term OPT, their 24-month STEM extensions (if they qualify) or their H-1B work visas under the H-1B cap. Our office fields many questions [...]

By | 2017-05-20T21:46:58+00:00 February 17th, 2017|Articles, F-1, H-1B, News, Students|

How to Increase the H-1B Cap Lottery Chances of Success This Year?

With the approaching H-1B cap filing season, one of the most common concerns we are hearing from both prospective H-1B employers and candidates is about the H-1B cap lottery and the fact that the random lottery does not provide a great chance of an H-1B application being selected for review. Our office has handled thousands [...]

By | 2017-05-20T21:46:58+00:00 February 16th, 2017|Articles, F-1, H-1B, News, Students|

How to File an H-1B Cap Petition When the Current Degree is Still Underway?

As the H-1B cap filing season is well underway and as the filing day of April 1st is approaching fast, a common question by H-1B employers or H-1B candidates is whether an H-1B cap petition can (or should) be filed when the foreign national employee is still completing their degree program and when the degree [...]

By | 2017-05-20T21:46:58+00:00 February 16th, 2017|Articles, F-1, H-1B, News|

The University of Northern New Jersey Story and Importance of Good F-1 Student Habits

Many of our readers are aware of the University of Northern New Jersey story from early April 2016 where federal agents arrested and charged a number of individuals described as brokers, recruiters and employers with conspiracy to commit visa fraud, among other charges.    The university, which turned out to be a fake [...]

By | 2017-05-20T21:47:06+00:00 April 21st, 2016|Articles, F-1, News, Students|

How to Increase the H-1B Cap Lottery Chance of Success?

With the approaching H-1B cap filing season, one of the most common concerns we are hearing from both prospective H-1B employers and candidates is about the H-1B cap lottery and the fact that the random lottery does not provide a great chance of an H-1B application being selected for review. Our office has handled thousands [...]

By | 2017-05-20T21:47:06+00:00 February 14th, 2016|Articles, Employers, F-1, H-1B, News, Students|

STEM OPT Rule Update: DHS Has Until May 10, 2016 to Implement New STEM OPT Rule

In a much-anticipated decision dated January 23, 2016, the U.S. District Court for the District of Columbia sided with the Department of Homeland Security's request for extension to extend the vacatur of the current STEM OPT rule which was struck down on August 12, 2015.    The current STEM OPT rule continues to remain valid until [...]

By | 2017-05-20T21:47:07+00:00 January 25th, 2016|Articles, F-1, News, News Alert, Students|