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U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.

Release Date 

12/19/2022

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

This memorandum provides guidance regarding implementation of the provisions of Public Law 111-230 that increase certain H-1B and L-1 petition fees. The additional fee applies to petitioners that employ 50 or more employees in the United States with more than 50% of their employees in the United States in H-1B or L-1A or L-1B nonimmigrant status. Petitioners meeting those criteria must submit the additional fee with an H-1B or L-1 petition filed.

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 Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.

Questions & Answers

Q: What is the H-1B cap?

A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.

ICE publishes school and exchange visitor policy guidance for designated school officials on Optional Practical Training extension.

Please check the attachment for details.

This cable provides an update to guidance provided for Student and Exchange visitor visa applications.

See the attached document.