OPT Termination for Unauthorized Enrollment, New School or Change in Education Level: USCIS Reminder

Foreign nationals often complete their undergraduate education programs in the United States due to the robust educational opportunities available at many U.S. colleges and universities. After graduating from U.S. institutions, F-1 students have the opportunity to continue their education with more hands-on programming, made possible through OPT. With relevant work experience in the United States,…

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SEVP: Broadcast on General Information Volunteer Positions

From time to time, ICE’s Student and Exchange Visitor Program (SEVP) will broadcast messages informing students about certain regulations. Although the messages are informative, and reflect federal policy, the broadcast is not law. Last month, the SEVP released a broadcast informing students that the certain volunteer positions are not valid under the optional practical training…

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FOIA (Freedom of Information Act) Requests Now Online

On May 30th, USCIS announced the launch of an online processing system, the Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST). The online platform will allow users to submit, manage, accept FOIA requests online. Previously, such requests only were processed through mail, fax, and email; documents were then transferred via mailed compact disc. USCIS…

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F-1 Student Status Exceptions (Unlawful Presence)

Although school is out for the summer, it is important for foreign nationals studying in the United States to remain updated on important rules regarding their status. Studying in the U.S. can mean a long period of time between semesters and training programs. Students who have recently graduated from a U.S. college or university may…

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Dealing with a DUI/DWI: Revocation of Status

An arrest or conviction for driving under the influence (DUI) or driving while intoxicated (DWI) may mean big problem for those in the United States under a nonimmigrant visa. Once a U.S. consulate receives notice of the conviction of an alien for a DUI or DWI offense, consular officers will revoke the visa foil or…

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F, J, and M Nonimmigrants: New Changes to Unlawful Presence

Early this month, USCIS released new policy guidelines for determining the lawful status of “student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents while in the United States.” The change will primarily alter the ways in which USCIS officers will determine the accrual of unlawful presence for nonimmigrant students…

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Silicon Valley University Withdraws from SEVP

On April 30th, Silicon Valley University in San Jose, California withdrew its SEVP certification, or the Student and Exchange Visitor Program. The certification, which is accredited at the federal level, allows non-immigrant students to obtain eligible status while studying at a college or university in the United States. Effective June 30th, the school’s Student and…

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USCIS Announces New Security Measures for Green Card Delivery

Beginning April 30th, the U.S. Citizenship and Immigration Service (USCIS) will begin implementing the Signature Confirmation Restricted Delivery Service provided by the U.S. Postal Service (USPS) for all mailed Green Cards and other secure documents. To receive a secure document or Green Card, recipients must provide the mail courier with a photo ID to sign…

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STEM OPT Workers: USCIS Website Changes Worksite Guidelines (F-1)

A change to the USCIS website may present a big problem for employers providing training to F-1 students on a visa extension through the STEM OPT work program. Updated early this year, the website provides stricter worksite guidelines for employers of STEM OPT workers. Although there is no explicit legal change to worksite regulations for the…

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ACICS Regains Accreditation

Following a December of 2016 decision by the U.S. Secretary of Education, the Department derecognized the Accrediting Council for Independent Colleges and Schools, or ACICS, as an agency that can “provide schools with a seal of approval for educational quality.” However, on March 23rd, the U.S. District court for D.C. remanded the decision by Education Secretary…

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