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On Sept. 1, we will change the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker. The changes apply to the following cap-exempt H-1B petitions:

Guidance Updated After Public Comment Period

USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of  the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days.  As previously indicated on the webpage, stude

Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. O-1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel. A consultation letter from a U.S.

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

USCIS transferred some of the following cases from the Vermont Service Center to the Texas Service Center:

• Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants

For more information, see Workload Transfer Updates page.

USCIS  transferred some of the following cases from the Vermont Service Center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac Service Center:

• Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants 

For more information, see  Workload Transfer Updates page.

On March 23, 2018, the Student and Exchange Visitor Program (SEVP) will launch the SEVP Portal for F-1 students participating in post-completion optional practical training (OPT) and M-1 students participating in practical training.

The portal will allow these F-1 and M-1 students to report personal and employer information directly to SEVP. Through the portal, these students will be able to:

April 03, 2018

Washington

U.S. Secretary of Education Betsy DeVos today ordered further review of the 2016 petition for recognition by the Accrediting Council for Independent Colleges and Schools (ACICS). The review is a direct result of action by the U.S. District Court for the District of Columbia remanding the case to the Secretary.

“As the court ordered, we will fairly consider all of the facts presented and make an appropriate determination on ACICS’s petition,” said DeVos.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.  

On Friday, the U.S. Department of Homeland Security published amended regulations on optional practical training (OPT) for certain international students with science, technology, engineering and mathematics (STEM) degrees from U.S. institutions of higher education. The amended regulations will go into effect May 10. Under the new regulations, certain students can apply to have a STEM OPT extension of 24 months. The new regulations also enhance federal oversight of the training program.

The Department of Homeland Security (DHS) proposes to amend F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension).

On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.