Immigration Updates

5/22/08

H-1B Cap-Gap for F-1 Students

Effective April 8, 2008 as part of the interim final OPT rule, duration of status and any post-completion OPT authorization will be automatically extended for an F-1 student who is a beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This applies to all qualified students on OPT, not just STEM students. Since the regulation states that cap-gap extensions are terminated if the H-1B petition is rejected, denied, or revoked, DHS has created a graduated extension scheme, which will grant extensions of OPT and of F-1 status depending on the situation of the underlying H-1B petition. DSOs are not responsible for initiating any actions in connection with the cap gap extensions, but if a student asks for an updated I-20 showing the extension dates, the DSO is responsible for printing the I-20. If the SEVIS record has not been automatically updated to reflect the extension, the DSO is also responsible for requesting a data fix before printing the I-20.

To qualify for the H1-B cap-gap extenstions the student must be the beneficiary of an H-1B petition that :

- has been timely filed

- requests an employment start date of October 1 of the following fiscal year

- requests a change of status

The student must not have violated the terms or conditions of his or her F-1 status.

4/21/08

Proposed Rule on SEVIS Fees

SEVIS I-901 Fees

IIRIRA 641 (g)(2) allows DHS to "on a periodic basis, revise the amount of the fee... in order to take into account changes in the cost of carrying out the program." The proposed rule would raise the SEVIS I-901 fee for F-1 and J-1 nonimmigrants.

I-901 F-1 student fees:

current = $100 proposed = $200

I-901 J-1 Exchange Visitors fees:

current = $100 proposed = $180

4/4/08

17 Month Extension of OPT for certain higly skilled foreign students

The U.S. Department of Homeland Security released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-verify program.

Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. This rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

To be eligible for an OPT extension, an F-1 non-immigrant student must:

- Currently be participating in a 12-month period of approved post-completion OPT

- Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program

- Be working for a U.S. employer in a job directly related to the student's major area of study

- Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services' E-Verify program. E-Verify is a free, internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees

- Properly maintain F-1 status

The interim final rule and additional information on the H-1B program is available at www.dhs.gov

New USCIS Fees Effective July 30, 2007

The US Citizenship & Immigration Service recently announced application fee increase schedule which will take effect July 30, 2007. Most of USCIS non-immigrant and immigrant application filing fees will increase significantly. The increases that will most affect international students include:

Form I-129 (H-1B petition) $320

Form I-539 (Application to Change or Extend Status) $300

Form I-765 (Employment Authorization) $340

Click here for a complete list of the USCIS Fee Schedule

1/24/07

New 5 year rule for J-1 Exchange Visitor Research Scholars/Professors

10/26/06

The U.S. Department of State (DOS) announced that applications for the 2008 Diversity Visa (DV) Lottery will be accepted between 12 p.m. (E.D.T.) Wednesday, October 4, 2006 and 12 p.m. (E.S.T.) Sunday, December 3, 2006. Applicants must submit their DV entry form online. For more information, please visit DOS website

09/02/04

08/02/04

12/01/03

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