F-1 Visa News

17-Month STEM CAP GAP OPT Extension Voided by Court

A Washington DC Federal court has held that DHS improperly promulgated the 2008 regulations creating the 17-month OPT CAP GAP extension for STEM graduates (strictly speaking, this is not reallly "CAP GAP" issue).  According to the court, DHS should have placed the proposed regulation before the public, allowed everyone to comment, considered the comments and then published the final regulation.  Thus, DHS violated the procedural mandate requiring "notice and comment."  According to the court, there was no good reason to skip the "notice and comment" mandate.

DOL Publishes Final Rule on Attestation Process for Employers Using F-1 Students in Off-Campus Work

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69538-69539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27685]

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB66

Attestation Process for Employers Using F-1 Students in Off-
Campus Work

USCIS Releases Policy Memo on 17-Month Extension of Post-Completion OPT for F-1 Students Enrolled in STEM Degree Programs

  • USCIS interim memo clarifying the eligibility requirements for a 17-month extension of Post-Completion OPT for F-1 students enrolled in STEM degree programs. Comments accepted until 11/1/13 and memo is in effect until further notice.

Please check the attached memo.

USCIS Publishes FAQ on F-1 OPT And H-1B Cap-Gap Regulations

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.

Questions & Answers

Q1. What is “Cap-Gap”?

USCIS Publishes QA on OPT and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

ICE Notice to Former Tri-Valley University Students

Attention Former Tri-Valley University Students

If you were formerly enrolled as an F-1 student at TVU and have been terminated in SEVIS, please note the following.

SEVP terminated the records of all F-1 students enrolled at TVU as of January 18, 2011. You should call SEVP Response Center (SRC) at 703-603-3400. This number will be staffed from 7:00 a.m. to 6:00 p.m. (EST), seven days a week. At other times you may leave a telephone number at which SEVP will return your call the next day.

Guidance on F-1 Transfers from Tri-Valley University

To: All SEVIS Users
Date: February 7, 2011
Re: Consideration of Former F-1 Students from Tri-Valley University for Enrollment
Number: 1101-02


On January 18, 2011, the Student and Exchange Visitor Program (SEVP) either cancelled or terminated all initial, active and transfer-in student records associated with Tri-Valley University (TVU) in Pleasanton, California.
Students enrolled at TVU and those who entered the United States but have not enrolled at TVU are unable to maintain F-1 status.

USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230

Introduction

On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees.  The following Questions and Answers provide public guidance concerning the additional fees.

Questions and Answers

Q1. What is Public Law 111-230? 
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.