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Have You Heard About the OPT Extension for Stem Students?
If you are a F-1 student, or interested in becoming one, then this message may apply to you. If the degree that you receive falls under the STEM category (science, technology, engineering, mathematics), then you may be eligible to extend your optional practical training (OPT) for 24 months. Those who qualify for this extension must certain criteria, provided by the USICS. For a detailed description of the requirements, please visit: https://www.uscis.gov/working-united-states
Sep 6, 20181 min read
Are you a STEM OPT Extension Participant? Take a look at some important information.
If you participate in the STEM OPT program, either as a student or as an employer, please pay attention to these important updates from the USCIS. Both students and employers are now required to report any material changes to the Designated School Official (DSO) directly by submitting a modified Form I-983. This should be done at the earliest opportunity. Students are also responsible to report certain other changes, such as changes to their employer’s name and address to the
Aug 28, 20181 min read
DACA
With all of the recent controversy surrounding DACA, we believe it is important to review some of the facts, concerns and possible resources. Earlier this month, Attorney General Jeff Sessions shattered a federal judge’s decision to fully restart the program by August 23. The Deferred Action for Childhood Arrivals program, started by former President Barack Obama in 2012, has allowed for about 800,000 who immigrated to the United States illegally to remain here. The qualifyin
Aug 14, 20181 min read
Recent USCIS Policy Updates That May Affect You As An Applicant, Petitioner or Requestor
The USCIS recently issued a Policy Memorandum that may have an influence on you if you intend to file an application, petition or request with USCIS. After understanding the nature of the policy update, you will see why we strongly advise for you to follow some simple instructions with regard to submitting your application, petition or request. This Policy Memorandum gives guidance to USCIS adjudicators regarding their discretion to deny any application, petition or request.
Jul 27, 20182 min read
Are H1B Workers Taking Jobs from U.S. Workers?
The Immigration Act of 1990 created the H1B visa program, authorizing employers to hire foreign employees for up to 6 years. The job opportunities supported by the program are those that require highly specialized knowledge and a Bachelor’s degree or higher. In order to participate in the program, employers must submit applications to the U.S. Department of Labor attesting that no U.S. citizen worker would be displaced by the prospective foreign worker. The application must t
May 25, 20183 min read
Do I need to be a US citizen or green card holder to form a corporation in Delaware?
US citizenship or residence is not required to form a Delaware C corporation. Immigration status has no bearing on ownership interest in a C corporation, so startup founders from foreign countries can form a Delaware C corporation and own the C corporation’s stock. However, US citizenship is required if you want to form an S corporation and be the owner. This does not mean that a C corporation’s foreign founder can be its employee without proper immigration status. If you pla
Mar 11, 20181 min read
Denial of H1B after 12 Months of CPT/OPT
USCIS has issued some RFEs and denials for H-1B change of status petitions where the beneficiary has used more than 12 months of combined CPT and OPT at the same degree level. USCIS claims that “by accepting more than 12 months of CPT and OPT at the same educational level, particularly where CPT occurs after the foreign national has used same-level OPT from a degree program at a different institution, the foreign national has failed to maintain valid F-1 status.” This interpr
Feb 11, 20181 min read
Potential Changes to H-1B Extension Rules
A proposal with new regulations that would potentially prevent H-1B visa extensions beyond 6 years is reportedly being considered by the Department of Homeland Security (DHS). The new regulations would potentially stop many foreign workers from keeping their H-1B visas while their green card applications are pending. Under current law, the American Competitiveness in the Twenty-First Century Act (AC21), DHS can grant an H-1B extension to an H-1B worker who has reached the 6 y
Jan 4, 20181 min read
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