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Immigration and Customs Enforcement’s (“ICE”) Student Exchange Visitor Program (“SEVP”) recently revised its policy guidance regarding Optional Practical Training (“OPT”), STEM OPT for F-1 students, and H-1B Cap Gap relief. The new policy guidance issued on April 23, 2010, supplements the previous April 2008 guidance, including the following key points: 1. F-1 Students eligible for […]

The Department of State (“DOS”) issued a fee increase effective June 4, 2010 for most nonimmigrant visa categories. The amount of the fee increase depends on the visa category. Most nonimmigrant visas have been increased to $140, such as the B-1/B-2 visa and Border Crossing Cards. Petition-based visa categories such as the H-1B, L-1, O-1, […]

As of May 11, 2010, the U.S. Citizenship and Immigration Services (“USCIS ” ) has revised the Employment Authorization Document (“EAD”), to add a machine-readable zone to the back of the card. This update is part of the USCIS’ ongoing efforts to prevent immigration fraud. The machine-readable zone is compliant with International Civil Aviation Organization […]

Before enrolling in classes, individuals who hold B-1 or B-2 status must first obtain student status, either F-1 (academic student) or M-1 (vocational student) status. USCIS recently reminded B-1/B-2 visitors that enrolling in classes while in B-1/B-2 status will result in a status violation. If B-1/B-2 visitors enroll in classes before a change of status […]

With a recession upon us, many companies have no choice but to terminate some workers. What happens if a terminated worker is a nonimmigrant H-1B visa holder? There are several issues that arise for employers and terminated H-1B workers: (1) what happens to the authorized stay of a H-1B worker upon termination? (2) what is […]