Ending of Automatic EAD Extensions

 

USCIS is ending the practice of automatically extending EADs (Form I-766) for individuals who file timely EAD renewal applications, effective October 30, 2025, when an interim final rule is expected to be published. 

Important Changes

• Automatic extensions of Employment Authorization Documents (EADs) are ended for renewal applications filed on or after the publication date (October 30, 2025).
• The prior “up to 540-day automatic extension” based on a timely I-765 renewal no longer applies to new filings after the effective date.
• The already-granted automatic extensions will remain valid.
• Exceptions: TPS-related automatic extensions (provided by statute or specific Federal Register notices) are not affected.
• F-1 students' STEM OPT extensions are not affected.

Who is affected

• Most noncitizens who previously relied on automatic extensions while a renewal EAD (Form I-765) was pending—including common categories like adjustment applicants (C09), asylum applicants (C08), asylees (A05), refugees (A03), H-4 spouses (C26), E/L spouses (A17/A18), VAWA (C31), and others.
• Not affected: EADs or employment authorization that are automatically extended by law or by TPS-specific Federal Register notices.

Transitional rules

• If your renewal was filed before the publication date and you qualified for the up-to-540-day extension, that extension still counts until it ends (approval, denial, or max days).

• If your renewal is filed on/after the publication date, no auto-extension attaches to the receipt—work must stop at EAD expiration unless you have another, independently valid basis for work authorization/evidence.

What foreign workers should do now

1. Calendar your EAD expiration and file renewals as early as allowed (USCIS generally suggests up to 180 days before expiry).

2. Do not use your I-797C receipt notice to extend work authorization for renewals filed after the publication date.

3. Explore alternative work-authorization paths 

4. Coordinate with your employer early on I-9 reverification timing to avoid a work interruption.

What employers/HR should do now

• I-9 reverification:

  • For employees whose renewal was filed before the publication date and who met the prior criteria, an expired EAD plus qualifying I-797C may still evidence an automatic extension (through its original end date).

  • For renewals filed on/after the publication date: do not accept an expired EAD + receipt for List A/ C. Reverify by the EAD expiration date or remove from active employment until acceptable evidence is presented.

• Audit & tracking: Update I-9 ticklers to reflect no new auto-extensions for post-publication filings; retrain staff and revise internal HR protocols.

• Avoid discrimination: Apply reverification uniformly; follow the DOJ guidance on document abuse and unfair documentary practices.

Comment window

The public may submit public comments within 30 days of publication via Regulations.gov (DHS Docket No. USCIS-2025-0271).  However, DHS is invoking the "good cause" exception (for natonal security reasons) to issue this Interim Final Rule, meaning it takes effect immediately rather than after comment review.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)

The F-1 Optional Practical Training Program is in Jeopardy

 

In his confirmation hearing before the Senate Judiciary Committee, Joseph Edlow, President Trump’s nominee to lead U.S. Citizenship and Immigration Services (USCIS), declared his intention to terminate the Optional Practical Training (OPT) program, a move that has sent shockwaves through the higher education and immigration communities.

At the hearing, when questioned by a Senator about his view of the OPT program, Mr. Edlow said he believed the way that OPT has been handled over the past four yours (based on certain D.C. Circuit Court decisions) has been a problem in terms of misapplication of the law.  He said: "What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.”

His statement has been interpreted to mean that, as USCIS Director, he would cancel F-1 students' OPT Optional Practical Program.   

Potential Ramifications of Edlow’s Policy

According to the Institute of International Education, there are 163,452 international students engaged in post-completion OPT and 79,330 were in STEM OPT for fiscal year 2023 to 2024. 

If Edlow were to follow through with terminating OPT, the impacts would be immediate and far-reaching.  Many thousands of international students—especially from India and China—could be forced to leave the U.S. immediately after graduation, upending their career plans and financial investments in U.S. education.  

There would also be a major impact on U.S. Universities too. OPT is a major incentive for international enrollment. Removing it would diminish the appeal of American education, likely leading to a sharp decline in international student enrollment, and associated tuition revenue losses. 

Elimination of OPT would also affect  the U.S. workforce and economy. Many tech companies and research labs rely on OPT participants. Ending the program could worsen talent shortages, particularly in AI, biotech, and semiconductor sectors. In fact many startup founders began on OPT or similar pathways. Finally, OPT fosters cultural exchange and global collaboration. Its elimination could further isolate the U.S. academically and diplomatically.

Arguments Against OPT

Critics believe  OPT displaces U.S. graduates. Such a claim is not supported by evidence. The United States has lagged behind in STEM education for many years, creating a talent gap in the tech sector that is increasingly filled by skilled foreign workers. There are also concerns of fraud. It is true that there have been cases of fake employment to maintain OPT status. The issue should be addressed by regulatory reform rather than a complete elimination of the OPT program.

Conclusion

Joseph Edlow’s comments mark the strongest executive-level threat yet to the OPT program. Whether or not he follows through will depend on legal authority, public reaction, and potential lawsuits.  But one thing is clear: the future of international education in America is at a critical crossroads. The end of OPT wouldn’t just affect students—it would reverberate across U.S. education, labor, and innovation ecosystems.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Guidance for F/M Student Visa Classification

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updates to its guidance on F and M nonimmigrant student classifications. This update focuses on various aspects of student eligibility for Optional Practical Training (OPT), particularly for students in Science, Technology, Engineering, and Mathematics (STEM) fields. It also provides important clarifications on online study, school transfers, the grace period, and study abroad, making it easier for foreign students and educational institutions to comply with the legal requirements.

Online Classes

The updated guidance confirms that F and M nonimmigrant students may count one class or three credits (or their equivalent) per academic session toward a full course of study if taken online or through distance learning. This flexibility applies as long as the course does not require physical attendance for any part of its completion. This update is particularly beneficial for students juggling online and in-person coursework and reflects the increasing prevalence of online education​. 

School Transfers and Grace Period Adjustments

The new guidance clarifies the process for transferring between schools. Students can transfer between SEVP-certified schools at the same educational level or move between different educational levels.  Additionally, during the 60-day grace period following the completion of OPT, students may change their educational level, transfer to another SEVP-certified school, or file applications with USCIS to change to a different nonimmigrant or immigrant status. This grace period provides much-needed flexibility for students transitioning between educational programs or immigration statuses​. 

STEM OPT Extensions and Application Periods

For students in STEM fields, the USCIS made technical corrections regarding STEM OPT extensions, updating the period during which students may apply. This ensures that students have clear and accurate timelines for applying, making the process more streamlined. Additionally, the update reinforces that students may be eligible for post-completion OPT after completing an associate’s, bachelor’s, master’s, or doctoral degree, broadening opportunities for students at all educational levels​.  

USCIS guidance attempts to correct the time period during which the application for STEM OPT extension may be submitted.  It is clear that F-1 students may submit a Form I-765 EAD application up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD.  However, as of 09/23/2024, there is inconsistent information regarding the number of days during which the STEM-based I-765 must be submitted after the DSO enters the STEM OPT recommendation into SEVIS.  While USCIS Policy Manual is showing 30 days, the I-765 form instructions and DHS "StudyInTheStates" website are showing 60 days.  We recommend clients to follow the more restrictive 30-days filing window.

Study Abroad Programs

For students participating in study abroad programs, the guidance offers clarity on maintaining SEVIS  status. Students enrolled in SEVP-certified schools can remain active in SEVIS during study abroad programs lasting less than five months. However, if the program exceeds five months, a new Form I-20 will be required, ensuring students maintain their legal status during extended periods abroad​. 

Conclusion

The August 2024 updates to USCIS guidance for F and M nonimmigrant students provide additional clarity and flexibility of rules surrounding OPT, online education, school transfers, and study abroad. The rules for F and M international students are generally complicated and unforgiving.  It is critical that foreign students pay close attention to all the rules and regulations, and keep in close contact with their school Designated Student Officer (DSO).  When in doubt, do not hesitate to contact an experienced immigration attorney for further guidance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Foreign Students Affected by School Loss of Accreditation

 

Foreign students studying or intending to study in the United States often navigate a complex landscape of regulations and requirements. Recently, significant changes have occurred that directly affect foreign students, particularly those enrolled in English language programs and STEM fields. 

On August 19, 2022, the U.S. Department of Education (ED) made a crucial announcement that has repercussions for students under the Accrediting Council for Independent Colleges and Schools (ACICS). Specifically, the federal government had formally terminated its recognition of ACICS as an accrediting agency for quality and compliance issues. Schools that were was granted accreditation through ACICS also lost their accredited status. Stratford University is one such example. 

Implications for English Language Study Programs

One immediate effect of the ED's decision is on English language study programs. The Accreditation of English Language Training Programs Act requires such programs to be accredited. With ACICS no longer recognized as an accrediting agency, students enrolled in English language programs at ACICS-accredited schools may face challenges. It's essential for affected students to communicate promptly with their Designated School Officials (DSOs) to understand how this decision impacts their status and immigration benefits applications.

Impact on STEM OPT Extension Program

Furthermore, the ED's decision impacts F-1 students applying for a 24-month STEM Optional Practical Training (OPT) extension. To qualify for this extension, students must have a degree from an accredited institution. Since ACICS accreditation is no longer recognized, F-1 students with degrees from ACICS-accredited institutions may face denials when applying for STEM OPT extensions. It's crucial for affected students to ensure they meet the accreditation requirements by seeking guidance from their DSOs and exploring alternative options.

Other Considerations

The consequences of ACICS's loss of recognition extend beyond English language programs and STEM OPT extensions. Degrees conferred by ACICS-accredited institutions after August 19, 2022, may not qualify for certain immigration benefits, such as the H-1B advanced degree exemption. Additionally, institutions solely accredited by ACICS may no longer qualify for H-1B cap exemptions or other fee exemptions.

Next Steps for Affected Students

Foreign students impacted by these changes must take proactive steps to safeguard their academic and immigration statuses. This may include exploring alternative institutions with recognized accreditations, understanding the implications for their specific circumstances, and seeking guidance from immigration advisors and DSOs.

In conclusion, the ED's decision to no longer recognize ACICS as an accrediting agency has significant implications for foreign students in the United States. It underscores the importance of staying informed, seeking guidance, and adapting to changes in the educational and immigration landscape.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

US DHS Added 8 New STEM Fields for F-1 Students

On July 11, 2023, the U.S. Department of Homeland Security (DHS) announced the addition of eight (8) STEM fields to its STEM Designated Degree Program List.  This list is used to determine F-1 students' eligibility for the 24-month extension of the post-completion Optional Practical Training.  Only students with a STEM (science, technology, engineering, or mathematics) degree are eligible for the extension.  

Effective July 12, 2023, the following eight fields will be added to the STEM degree list:

• Composite Materials Technology/Technician (CIP code: 15.0617).
• Demography and Population Studies (45.0501).
• Developmental and Adolescent Psychology (42.2710).
• Geospatial Intelligence (43.0407).
• Institutional Research (13.0608).
• Landscape Architecture (04.0601).
• Linguistics and Computer Science (30.4801).
• Mechatronics, Robotics and Automation Engineering Technology/Technician (15.0407).

In January 2022, DHS already added 22 fields to the STEM Designated Degree Program List. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

 

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Premium Services for OPT and STEM OPT I-765

 

By Paul Szeto LLC

For the first time ever, USCIS will allow F-1 students to file their OPT and STEM OPT employment authorization applications using Premium Processing Service for the following categories:

• (c)(3)(A) – Pre-Completion OPT;
• (c)(3)(B) – Post-Completion OPT; and
• (c)(3)(C) – 24-Month Extension of OPT for STEM students.

The specific timetable is as follows:

1) Beginning March 6, 2023:   F-1 students will be allowed to upgrade pending Form I-765s (Applications for Employment Authorization) to Premium Processing Services via Form I-907 (Request for Premium Processing Service).

2) Beginning April 3, 2023:  F-1 students will be allowed to use Premium Processing Service when filing a new I-765 applications. 

USCIS will reject applications if they do not follow the above timeline. 

Applicants may submit the applications online or by mail. An online myUSCIS.gov account is required for online filing.  

F-1 students are reminded that they must follow the filing instructions and legal requirements to avoid delay or rejections.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Survival Guide for Laid off Foreign Workers

 

Meta has just announced a layoff of 11,000 or 13% of their employees.   Elon Musk laid off 50% of twitter's workforce after buying the company.  Salesforce laid off 50% of its employees in the summer. And the list goes on. These are just some examples of the massive layoffs announced by U.S. companies, especially the big tech firms, in the past year. For foreign workers, getting the pink slip does not only mean loss of employment, but it could also mean loss of their immigration status and/or sponsorship for their green card.

Preparation is the Key

The prospects of an economic recession are high, given the U.S. Federal Reserve's determination to curb inflation by sharply increasing benchmark interest rates.  As a result, many companies are scaling back hiring and reducing the size of their workforce. Nobody is safe. It is very important that foreign workers are prepared in advance for a sudden loss of employment. Time is your best friend. For example, H-1B employees generally have up to 60 days of grace to stay in the U.S. or look for new employment before they'll lose their status due to termination of employment.  In fact, if you sense that layoffs are coming your way, you should start looking for a new job right now! The following are some additional issues that you should consider.

Preserving H-1B, F-1, and Other Nonimmigrant Status 

First and foremost, you should try to preserve your legal status in the U.S., as failure to maintain one's nonimmigrant status may result in denial of future applications for status change or extension. For F-1 students who are working based on OPT practical training work authorization, they have to watch out for the 90-day or 150-day allowance of unemployment.  Fortunately, volunteer work or even self-employment is allowed for the initial OPT period.  For STEM OPT employment, it must be paid and sponsored by an eVerified employer.  

As mentioned, foreign nationals holding E-1, E-2, E-3, H-1B, H-1B1, L-1, and TN classifications are entitled to a one-time grace period of up to 60 consecutive days, or until the end of the status validity period, whichever is shorter.  That means if your H-1B I-94 expires on 09/30, and you lose your job on 08/31, you only have 30 days of grace period.  Companies usually do not hire new employees during the holiday season. Hence, it could be challenging for foreign workers to secure new employment towards the end of the year.  As to be discussed below, there are other options to preserve one's status.

Saving the Green Card Application

For some laid off employees, their employers may have already begun the green card application for them.  If so, they have more to consider.  Depending on how far the application process is, they may or may not be able to keep the application for permanent residency.  For example, if they have already submitted the I-485 adjustment application, it may be possible for a new employer to take over the application.  However, if their employer was still processing the PERM labor application, they would have to start the whole process again through another employer.  In some situations, laid off employees may be able to keep the priority date of the first case after the approval of their I-140 visa petition. Larger companies usually offer a severance package to laid off employees. Foreign workers should keep these issues in mind when they negotiate severance terms with their employer. It is generally a good idea to retain their own attorney to make sure that their interests are represented.

Other Options

As discussed, one should try her best to keep her lawful status in the U.S.  What if there isn't enough time to find a new job? There are other options one may consider. If the laid off worker has a spouse who has his own status such as H-1B or F-1, changing into a dependent status such as H-4 or F-2 is an option.  

One may also consider changing into another nonimmigrant status temporarily to avoid a lapse of her status. For example, an F-1 student may extend their student status by enrolling with a new academic program.  Each visa classification has its own requirements and pitfalls, one must consider carefully before taking actions. Otherwise, it could make things worse.  Finally, if there is nothing else that can be done to stay in the U.S. legally, a laid off foreign worker should timely depart the U.S. to avoid remaining in the country illegally. With a clean immigration record, a foreign worker can always apply for a new visa to return in the future.

Summary

Massive job cuts are underway. Foreign workers should get ready for any sudden termination or changes of their employment. Timing is critical. Advanced preparation and correct information regarding all available options can help them ride out the storm.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

America Welcomes STEM Talent

Last week, the Biden-⁠Harris Administration announced a number of initiatives to attract and retain STEM talent from foreign countries.  As the global economy is increasingly depending on technology and science, countries are trying to compete for skilled workers in the STEM field in order to stay competitive.   The U.S. has been slacking in retaining foreign talent in terms of its immigration policy, which is complex and often confusingly convoluted.  The Biden-Harris Administration is trying to take actions to change that, and these measures are good starting points. 

Addition of 22 New STEM Fields for OPT Employment

International students in STEM (Science, Technology, Engineering, Mathematics) fields are allowed to have up to 36 months of practical training to work for U.S. employers. 22 new fields such as bioenergy, forestry, cloud computing, climate science, data science, business analytics, etc., have been added to the list of qualified fields for STEM OPT employment. Some multidisciplinary or emerging fields, such as Industrial and Organizational Psychology, and Social Sciences, Research Methodology and Quantitative Methods have also been added. Both undergraduate and graduate STEM academic programs are qualified for OPT employment. This change will attract more STEM students to stay employed in the U.S. rather than returning to their home countries.

 

Expand STEM J-1 Training to 36 Months

The State Department will start an “Early Career STEM Research Initiative,” to facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research through research, training or educational exchange visitor programs with host organizations, including businesses. Further, academic training for undergraduate and graduate students in STEM fields on the J-1 visa will be extended to up to 36 months.

O-1A Extraordinary Ability Working Visa for STEM Talent

DHS has updated its policy manual regarding the application criteria for the “extraordinary ability” (O-1A) visa program. O-1A nonimmigrant status is available to persons of extraordinary ability in the fields of science, business, education, or athletics. DHS has clarified how STEM talent such as PHD holders may apply for O-1A status and visa based on the technical and complex nature of their studies.

The update also emphasizes the use of "comparable evidence" to establish sustained acclaim and recognition of the applicant. Such use will provide more flexibility for STEM applicants to submit alternative evidentiary proof which is more relevant to their fields of study, if the traditional documentary proof is not available.

 

National Interest Waiver Green Card based on STEM Background

DHS has also updated its policy manual regarding the use of national interest waivers (NIW) for STEM applicants to apply for U.S. permanent resident status (green card). Normally, to apply for U.S. green cards based on employment, a foreign worker must be sponsored by a U.S. employer and must test the job market through the labor certification process.  The use of an NIW allows a foreigner to apply for a green card directly without employer sponsorship and a labor certification. 

The foreigner must prove that he or she has an exceptional ability or an advanced degree holder. Further, the applicant must meet three other criteria: (1) His or her profession must have both substantial merit and national importance; (2) he or she is well positioned to advance the proposed endeavor; and (3) it would be beneficial to the United States to waive the job offer and labor certification requirements.

The new policy explains how the NIW can be used by STEM advanced degree holders and entrepreneurs to apply for green cards. It also explains that the significance of supporting letters from governmental and related entities. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

22 New Fields Added to STEM OPT Program

In line with the Biden-Harris Administration's immigration plans of removing barriers to global STEM professionals to work legally in the States, the Department of Homeland (DHS) expands employment opportunities to STEM graduates by adding 22 new fields to the STEM Optional Practical Training program (STEM OPT) today. 

STEM extension is a 24-month extension to the regular 12-month OPT that allows F-1 students who majored in a designated STEM field of study to have up to 3 years of post-graduate training with U.S. employers. DHS evaluates a student's science, technology, engineering & mathematics degree based on a designated STEM list. 

22 new fields of study have been added to the STEM list by DHS's on 1/21/2022. The new fields of study are:

• Bioenergy 
• Forestry, General 
• Forest Resources Production and Management
• Human-Centered Technology Design 
• Cloud Computing 
• Anthrozoology 
• Climate Science
• Earth Systems Science 
• Economics and Computer Science 
• Environmental Geosciences 
• Geobiology
• Geography and Environmental Studies
• Mathematical Economics 
• Mathematics and Atmospheric/Oceanic Science
• Data Science, General 
• Data Analytics, General 
• Business Analytics 
• Data Visualization 
• Financial Analytics
• Data Analytics, Other
• Industrial and Organizational Psychology 
• Social Sciences, Research Methodology and Quantitative Methods 

The update takes effect as of 1/21/2022.  

Some of the newly added fields such as bioenergy, cloud computing and data science are more or less modern extensions of the traditional STEM fields.  However, subjects in other disciplines including social sciences research, forest resources production and management, industrial and organizational psychology have also been added.  

The announcement is indeed good news for STEM graduates. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Hope for some Findream Cases

Findream LLC was a California company that was prosecuted for committing visa fraud in 2019.  Specifically, the owner of the company issued sponsorship documents to help F-1 foreign students to apply for employment authorization through the Optional Practical Training (OPT), STEM OPT, and also the H-1B professional work visa programs.  The owner of Findream was sentenced to 37 months in federal prison for conspiracy to commit visa fraud. 

Since then, many international students also had their status or visas cancelled on account of their involvement of Findream or Sinocontech LLC, a related company.  The most frequent occurrence was when they travel internationally, either leaving the U.S. or returning.  They would be questioned by the CBP (Customs and Border Patrol) officers at the airport about their previous OPT employment.  Typically, after extensive questioning a statement is prepared.  They would be asked to review the statement and sign it. Depending on the situation, they could be denied entry into the U.S. and/or have their visas cancelled by the officers. Sometimes, the officer would give them a warning that they would not be able to return to the U.S. again.

The problem can also surface when an F-1 student applies a visa from an American Consulate, their visa application could be rejected because of their involvement with Findream or similar illegitimate companies.  In some cases, even after their visas have been approved, students may receive a phone call from the Consulate informing them that the approval was revoked.  

Does that mean any involvement with Findream or similar companies would lead to visa denials and deportation?  Based on our firm's experience, the answer depends on the particular student's situation.  There is no blanket rule that every student who has been involved with Findream or other similar organizations will automatically be denied a visa or a green card.  

Within the U.S., before making a decision, the Department of Homeland Security (DHS) officers would study the facts of the case, review the documents and evidence, interview the student, and also give the student a fair opportunity to explain his situation. For example, if a student's involvement with such organizations was short and unintentional, and she took actions to remedy the situation as soon as possible (e.g., by looking for other employment), there is a chance that her adjustment or other status application will be approved.  On the other hand, if a student relies on the same questionable organization for employment sponsorship for a long period of time, and for different programs (OPT, STEM OPT, H-1B), it would be extremely difficult to argue that the student's involvement was unintentional. 

Many F-1 students stumbled into Findream and other fraudulent organizations out of desperation or ignorance. As newcomers to the United States, their OPT employment is often their first job here.  It is understandable how they may fall prey to certain unscrupulous employers. The important thing is to try to take actions to correct their mistakes as soon as possible. The immigration officers have some discretionary power to overlook certain violations, but the applicant must demonstrate through their actions and candor that they deserve such a break. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Ripple Effect of Findream on Foreign Students

On June 26, 2020, the owner of Findream LLC and Sinocontech LLC, Weiyun "Kelly" Huang, was sentenced to 37 months in federal prison for conspiracy to commit visa fraud. These two companies provided bogus employment verification records for foreign students to extend their stay in the U.S. on F-1 and H-1B status. ICE reported that there were at least 2,686 international students involved in this matter.

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The sentencing of Kelly Huang is not the end of the story. It has created a ripple effect on all foreign nationals that have ever received an offer letter and/or employment verification document from Findream or Sinocontech for the purpose of bridging their OPT or STEM OPT unemployment period. 

These foreign nationals, many in F-1 or H-1B status, are also worried about whether any further actions will be taken by the DHS. As of now, there is no indication that DHS will be rounding up  these non-immigrant visa holders as they did in the UNNJ (University of North New Jersey) operation. Still, the Findream/Sinocontech issue has surfaced on a few different occasions, showing that it is not going away any time soon. 

The most common situation is the Request For Evidence (RFE). Foreign nationals who have a connection with these two sham companies have been cornered by RFEs during their change of status, H-1B extension/transfer, or even adjustment of status applications. These RFEs focus on the applicant's failure to maintain his/her status. Some of them even bring up the issue of misrepresentation. If an applicant has ever procured immigration benefits by misrepresentation, he/she is subject to a ground of admissibility. Their ability to enter the U.S. or apply for a Green Card will be impaired. Applicants in the U.S. may even be placed in removal proceedings.

There are also reports of Chinese students that were sponsored by Findream for OPT employment being stopped and removed by Customs and Border Protection (CBP) officers upon their return from overseas travel. Some students or workers do not even make it to a U.S. airport, having been informed that their visa had been revoked before they could board the plane. 

There are different ways to deal with this issue depending on the individual situation and plans. If an international student or foreign worker has strong evidence to prove that he/she did not have the intention to defraud the government, he/she may try to contest any fraud charge. There is a waiver available to those who can establish that their deportation will result in extreme hardship to their U.S. citizen or legal resident spouse or parent. Some others may choose to depart the U.S. to avoid an adverse finding by DHS and accrual of unlawful presence. However, given the current pandemic situation and travel bans, it may not be easy for students to go back to their home country.

Before making any decisions, we suggest that international students and foreign workers first consult with an experienced immigration lawyer to explore their options.  One person's solution may not work for another. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

F-1 OPT Students Reminded to Enter Employer Information in SEVIS

ICE reminds F-1 students participating in OPT employment to enter their employment information in the Student and Exchange Visitor Information System (SEVIS) to avoid technical violations of their visa status.

F-1 students are required to provide their employment information on SEVIS including the name and address of the employer and dates of employment. The regulations  require them to inform their Designated School Officer (DSO) within 10 days of any changes to their personal or employment information. DSOs are required to update SEVIS with the student's updates within 21 days.  

F-1 students may directly update their employment information on the Student and Exchange Visitor Program (SEVP) Portal. 

If a student has exceeded the unemployment limits under the OPT program, his/her status will be "terminated" in SEVIS.  USCIS will also revoke their employment authorization.  Failure to maintain one's lawful F-1 status will have severe consequences.  For example, the student will not be able to change to another visa status such as H-1B in the future.

The following are the limits of employment for F-1 OPT programs:

1) Post-completion OPT: Maximum of 90 days.

2) STEM OPT:  Maximum of 150 days, including any days accrued during regular OPT employment.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

DHS Memo reinforces that OPT jobs must be related to studies

Many foreign students participate in the Student and Exchange Visitor Program (SEVP). As part of the program, students are authorized to work under Optional Practical Training (OPT) in a field related to their studies.

The Department of Homeland Security (DHS) recently published a memo regarding the OPT program clarifying the employment process.

First and foremost, employment must match the student's field of study.  OPT employment must also be approved by the Designated School Official (DSO). However, students are not required to have a job offer before starting the process of gaining DSO approval and applying for the related Employment Authorization Document (EAD). This may seem counter-intuitive, but it prevents complications, e.g. students and employers waiting for approval to start work only to receive a denial. 

Some jobs may initially seem unrelated to the student's field. DHS gives the example of a musician working at a restaurant. The connection is clear once we learn that the job is to perform music in the restaurant.

The way DHS ensures that the OPT employment is related to the student's field is by requiring a brief written explanation from the student. It is to be provided to the SEVIS website by the student or through his/her DSO. The explanation must include: job title, employer name, major area of study, if the job is full-time or a specified average number of hours per week, and the explanation of the job's regular duties and how they relate to the student's studies.

The process is similar for post-completion OPT and the extension OPT for STEM students. The DSO has the role of approving OPT employment and informing the student to only take on jobs directly related to their studies.  STEM OPT applicants must provide their DSO with a completed and signed Form I-983 Training Plan for STEM OPT students.

Failure to comply with these rules can render a student out of status and affect any future applications.

Illegal OPT Employment with Sham Companies: Findream LLC

Many people have heard about Findream LLC - a Californian company that was recently shut down by the government for visa fraud.  The people involved were arrested and prosecuted. Why was this company busted? This is because it helped F-1 students illegally maintain their OPT status through fake employment.

Students on regular post-completion OPT are only allowed to be unemployed for 90 days. Students with an approved 24-month extension will be entitled to another 60 days of unemployment time for a total of 150 days over the entire period of post-completion OPT. Their SEVIS records will be automatically terminated once the authorized unemployment period has run. Therefore, students need an employer and a job to maintain their status.

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It is not easy to find a job, especially when the clock is ticking. Some students may just stop looking for the perfect job and accept offers for not very desirable or non-paying position to keep themselves from going out of status. Others may turn to companies, like Findream LLC in Silicon Valley, that can "help" them maintain their F-1 status. By claiming these companies as their employers, the students affiliate themselves with such companies for the sole purpose of maintaining legal status.

Many students learn of these companies through friends and website advertisements. It is a bad idea to establish an "employment" relationship with such company. These companies are shams and their employments are illegal. "Employees" of these companies do not need to go to work at all. The company will not pay them, yet will provide documents such as pay stubs and work records for students to prove their status. In fact, it is the students who need to pay the "employer" to get offer letters and sometimes employment verification letters.

Some students may not understand the seriousness of using these sham companies to maintain their status. Being "employed" by these companies is a violation of a student's F-1 status. In the meantime, being involved in these OPT "employment" constitute a willful misrepresentation of a material fact. Even though USCIS has not yet actively taken actions to charge the student "employees", these violations are ticking time bombs. They may cause challenges and denials to a student's future applications for immigration benefits, such as H-1B, green card, and even naturalization. Once a student is found guilty of visa fraud, it becomes permanent in their lifetime immigration record.

There are alternatives for F-1 students to maintain their valid status through employment. Post-completion OPT students may consider taking offers from a smaller company, taking up volunteer positions, or working for their school or professors. Students may even start their own business to employ themselves. Of course, their self-owned enterprises need to be legitimate. USCIS scrutinizes STEM OPT with a stricter standard. However, it is more of a reason that they must take the legal way.

After Findream, some students might panic because they previously used or still using these sham companies, while some students are still actively looking for such companies to bridge their status. It is not wise to continue further connection with these fraudulent companies. We suggest that students immediately dissociate from them and talk to an experienced immigration lawyer if they have concerns about their employment history and immigration status.


1/9/2020 update: 

The owner of Findream LLC and Sinocontech LLC pled guilty to conspiracy to commit visa fraud on 12/29/2019 in Chicago. 

There are also reports that foreign (Chinese) students who were sponsored by Findream for OPT employment before were stopped and removed by Customs and Border Protection officers upon their return from overseas travel. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Tremendous Growth in International Students' Practical Training Program

What do Amazon, Google, Microsoft and Apple have in Common? Other than being the world's largest business enterprises, they also share a passion for the world's top tech talent.

Immigration and Customs Enforcement (ICE), a branch of Homeland Security, has recently published data on Top 200 Employers for STEM OPT and the yearly approved authorization growth of the OPT, STEM OPT, and CPT programs. Unsurprisingly, big names like Amazon, Google, Microsoft, and Apple top the list. Amazon is #1, with 2,953 tech-savvy students employed in STEM OPT in 2017 alone. Numerous universities are on the list, employing as many as 511 students (Massachusetts Institute of Technology) for STEM OPT. Many companies in IT and consulting can also be found on the list.

OPT refers to Optional Practical Training, a program that allows international students one year of authorized status working for an American company in their field to gain real world experience. Typically holders of the F-1 student visa, these students may engage in OPT employment before or after graduation from an academic program in the undergraduate (bachelor's) or graduate level. Curricular Practical Training (CPT) occurs as part of a student's course of study and may count toward the one-year OPT period. STEM OPT refers to Science, Technology, Engineering, and Mathematics OPT, a 2 year OPT extension available for certain STEM fields such as mathematics, engineering and computer science. 

The practical training programs have had a substantial increase in participants over the last ten years.  ICE's data includes Top 200 Employers for STEM OPT students from 2008-2017. OPT authorizations have grown about 2.5 times from 83,077 authorizations in 2007 to 219,635 in 2017. Since its creation in 2008, STEM OPT has seen immense growth from 2,169 authorizations to 60,410 in 2017. CPT participants have more than doubled over the past decade. 

figure 1 - Source: ICE website

Practical training is clearly a very popular option for foreign students. Last year, a total of 328,205 students have been authorized for OPT, 89,839 for STEM OPT, and 105,351 for CPT (see table). This growth will most likely continue, although the Trump administration is working on revamping the STEM OPT program and possibly curbing its availability.  

OPT Ending, H-1B Still Pending, What Should I do?

Every year around this time, international students who are working in post-graduation optional practical training (OPT) programs would get nervous about their future.  Their OPT status has either ended or is ending soon; they may or may not have an H-1B petition approved or pending; and they may or may not be eligible for STEM OPT extension.  This article will serve as a general guideline for them.  

First, foreign students who completed a U.S. STEM degree should definitely apply for STEM OPT extension as soon as they become eligible.  Although there are proposed regulations to change the STEM OPT program, the 24-month extension is still in effect today.  In order to offer STEM OPT employment, an employer must participate in the federal eVerify program. A formal training plan for the student worker is also required. Applicants will  be entitled to an 180-day automatic extension of their EAD based on a timely filed OPT extension application.  However, the STEM OPT extension must be filed before one's regular OPT status expires.

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When a foreign student’s OPT status has ended, she would only have 60 days of grace period to remain in the U.S. unless she has an H-1B petition filed on her behalf. 

Pursuant to cap-gap extension rules, if a foreign student has a pending H-1B petition on or after April 1st and his OPT status expires between April 1st and October 1st, the student’s employment authorization is extended through September 30th or until the H-1B petition has been denied, whichever happens first.  But if the student  is already in his 60-day grace period when his cap-subject H-1B petition was filed, he is only allowed to stay in the U.S. through September 30th but without employment authorization.  

What if one’s H-1B petition is still pending on October 1st?  It is a very likely scenario based on the current adjudication schedule.  Tightened legal standards, frequent issuance of requests for evidence, and suspension of premium processing services mean that many H-1B petitions would still be pending on October 1st.  If so, a student must stop working on October 1st although he may still stay in the U. S. legally until there is a decision on the H-1B petition.  

As a backup plan, a foreign student may also consider leaving the country and return with an H-1B visa after approval.   Or they may also file for a change of status to other visa status such as B-2 visitor status. Extension of their F-1 status is also another possibility.  However these applications require advanced planning. As we always advice clients, immigration planning is extremely important. If one waits for the last minute, there usually is not enough time to do anything meaningful.  For example, the STEM OPT extension cannot be filed during the grace period. 

Policy Change Regarding Off-Site Employment of STEM OPT Students

Today, DHS-USCIS updated its web page regarding the Optional Practical Training Extension for STEM Students (STEM OPT) and their employers' responsibilities for participating in the STEM OPT program. Aside from requiring students and employers to report material changes to the Designated School Official (DSO) as soon as possible, reporting termination of employment within five business days and other similar reporting requirements, DHS also made an important change in policy regarding STEM OPT students' ability to work off-site.  

The new policy is that STEM OPT students may "engage in a training experience that takes place at a site other than the employer’s principal place of business" so long as all the training obligations are met and followed including:

- There must be a valid employer-employee relationship between the employer and the student throughout 

- Employer must have sufficient resources and personnel available to supervise and train the student as specified in the Form I-983, Training Plan for STEM OPT Students.

-  The STEM OPT student will not replace a U.S. worker.

-  The training opportunity will serve the purpose of practical training and educating the student.

Ultimately, DHS will review these off-site training requests on a case-by-case basis before approval. DHS will also conduct on-site visits to verify compliance.  Employers especially consulting firms should follow the requirements closely when employing STEM OPT students. 

Offsite STEM OPT Employment Severely Limited by New Restrictions

Consulting and staffing firms using STEM OPT workers are now faced with heavy restrictions. USCIS has inconspicuously updated the its STEM OPT web page with rules that make it much harder to legally employ STEM OPT workers offsite.

STEM OPT refers to the optional practical training (OPT) 24-month extension that STEM subject F-1 students can take. This is available to them after completion of their initial 12-month OPT. Employers that hire these students must follow certain rules themselves. They must enter the company information to the E-Verify database, allowing USCIS to keep track of employee immigration status. They also have to create and show an individualized training plan (form I-983) for the student, reporting any material changes to their designated school official (DSO).

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Some companies, most notably IT consulting firms, hire these workers and assign them to work at offsite client locations. The recent changes strongly discourage this. They include:

1. Training must be done in person, not through phone calls or e-mails.
2. The mentor cannot be a third-party person (client of employer, employees or contractor of client)
3. The mentor must be a senior employee (not another STEM OPT employee) in the same training location denoted in the I-983 plan.
4. Training must take place where Immigration and Customs Enforcement (ICE) can access for site visits. This usually does not include third-party client work sites and places of business.   
5. Training does not count if the trainee is assigned at work at an offsite location and visits the employer's site for training.

This makes it very difficult for companies that dispatch their employees to client locations to employ STEM OPT workers. Consulting and staffing companies are especially affected. STEM students should be careful when they apply for positions that would require them to work off-site at client locations. Prior consultation with an experienced employment immigration attorney is strongly recommended.

For example, when an employer located in New York assigns an employee to work at a client site in California, it would be impracticable for the employee to return to New York for training.  Similarly, ICE's authority to conduct onsite visits originates from the terms of the STEM OPT employment program. Third-party client businesses are not covered by the terms of the program.  Further, unless an employer happens to have more senior employee working at the same client job site as the STEM OPT employee, it would be very difficult if not impossible to comply with the supervision requirement under the I-983 training plan. 

Employer Obligations Under the New 24-Month STEP OPT

On March 11, 2016, the Department of Homeland Security (DHS) published new regulations to expand the STEM OPT program from 17 months to 24 months.  The new regulations became effective on May 10, 2016 and provide for a transitional plan for certain students to apply for a 7-month OPT extension between May 10, 2016 and August 8, 2016.  

The optional practical training program (OPT) provides employment authorization for foreign students on F-1 visas upon graduation from an academic program.  The regular OPT program provides 12  months of employment authorization. For students who have earned degrees from U.S. colleges in Science, Technology, Engineering or Mathematics (STEM) fields, they are now eligible for 24 months of additional employment authorization.  

For employers who hire employees under the STEM OPT program, they should be aware of their obligations including the following: 

1. E-Verify:  As before, the employer must be e-Verified throughout the employment period. E-Verify is an online system implemented by the federal government for employers to verify employees' eligibility to work in the U.S.
2. Training Plan:  The employer and the student trainee must prepare and execute a formal training plan (Form I-893) that identifies learning objectives and a plan for achieving those objectives. The employer must ensure that the employment opportunity is directly related to the qualifying STEM degree or major field of study.
3. Supervision and Training:  The employer must have sufficient resources and personnel available to supervise and train the student employee at the specified work location(s).
4. Offsite Employment / Multiple Work Locations: The training plan requires that the student receive "on-site supervision and training by experienced and knowledgeable staff."  If an employer has multiple job sites the employer must ensure that it has sufficient resources and personnel to supervise and train the student employee at each job site.  However, for employers such as consulting firms that place employees at third-party client job sites, it will be difficult for them to meet this requirement unless they also have other experienced employees working at these job sites. 
5. Non-replacement of U.S. Workers:  The employer must ensure that the student trainee will not replace U.S. workers(s) in any way or fashion.
   
6. Equal Terms and Conditions of Employment:  The student trainee under the STEM OPT program must be treated in the same way as other similarly situated U.S. workers in terms of duties, work conditions and compensation.
7. Evaluations:  STEM OPT students are subject to an annual self-evaluation requirement, under which the student must report to the Designated School Officer (DSO) his or her progress under the training plan. The student’s employer must sign the self-evaluation prior to its submission to the DSO. 
8. Notification of Changes:  The employer is required to notify the DSO of early termination of a student employee's STEM OPT employment within 5 business days.  Any material changes in the training plan must be reported to the DSO by submitting an amended I-983 with the student employee. Material changes include any change in federal tax ID number, work location, reduction in hours below 20 hours per week, substantial changes in salary and job duties, etc. 
9. Cooperate in Site Visits:  The DHS may conduct site visits to companies which employ STEM OPT students.  Unless violations have been reported, DHS will normally provide employers 48- hour notice. Additionally, employers may also be contacted by phone or email to verify employment information of the STEM OPT employee.  Employers should assign specific personnel to act as point of contact for all STEM OPT matters, and keep records of all related documents in order to facilitate government verification. 

From 17-Month to 24-Month STEM OPT - Transition Begins May 10th

The new 24-month STEM OPT is almost here.  Starting May 10th, 2016, foreign students may start applying for the newer and longer STEM OPT.  The new STEM OPT extension is a 24-month period of practical training that directly relates to an F-1 student’s program of study in an approved STEM field.  It replaces the 17-month STEM OPT extension previously available to students in the United States.  

What If I Am on the Current 17-Month STEM OPT

The 17-month STEM OPT regulations will remain effective until May 9, 2016.  Any EAD applications filed on or before May 9, 2016 will be adjudicated according to the old regulations. If you are currently working based on a 17-month STEM OPT EAD, you may continue to work under the terms and conditions of the 17-month STEM OPT program until the end of the term or until it is terminated or cancelled.  You may also choose to convert your EAD to the 24-month OPT program if you are eligible.  (See below).  

Transition from 17-Month to 24-Month STEM OPT

During the transitional period through and beyond May 10, 2016, foreign students may or may not be eligible to apply for the new 24-month STEM OPT, depending on various factors.  For those who are eligible, there are some strict timelines and requirements that they must follow in order to take advantage of the new rule. 

Foreign Students Who May Apply for 24-Month STEM OPT

There are two (2) categories of students during the transitional period who may benefit from the new 24-month STEM OPT.  (1) Students with 17-month STEM OPT applications pending on May 10, 2016 before USCIS. (2) Students with existing 17-month STEM OPT EADs on May 10, 2016.

Foreign Students Who Are Not Eligible for 24-Month STEM OPT

If your 17-month STEM OPT extension has expired or will expire before May 10, 2016, then you will not be able to benefit from the longer STEM OPT.  Similarly, if you have less than 150 days remaining on your 17-month STEM OPT validity period on the date when you become eligible to properly file your STEM OPT extension, you are also not covered under the transitional plan. These two groups of ineligible students may become eligible for the 24-month STEM OPT based on another STEM degree.  

Students Who Will Enter the 60-Day Grace Period before May 10, 2016

If your current regular 12-month OPT will expire before May 10, 2016, you should not wait until May 10, 2016 to file your STEM OPT.  Under the regulations, a student must still be in a valid OPT employment period in order to be eligible for STEM OPT. Hence, you must apply for OPT extension prior to entering the 60-day grace period, even if it means that you may only apply for the 17-month STEM OPT now.

Students with Pending 17-Month STEM OPT Applications on May 10, 2016

If you have a pending 17-month STEM OPT I-765 application before the USCIS, you will receive a formal RFE (request for evidence) from USCIS.  The RFE will request additional documents that will establish that you are eligible for a 24-month OPT extension under the new rule.  These documents include a new Form I-20 endorsed on or after May 10, 2016, indicating that the Designated School Official (DSO) recommends the student for a 24-month OPT extension, a  Form I-983 Mentoring and Training Plan, and other documentation to establish that you meet the requirements for a 24-month STEM OPT extension.  You must respond to the RFE in a timely manner.

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Students with Approved 17-Month STEM OPT before May 10, 2016

As discussed above, students who have already been approved for a 17-month STEM OPT have two options.  First, they may choose to stay on their current 17-month STEM OPT period until the end without applying for an extension.   Second, they may affirmatively request for a 7-month extension with USCIS, provided that they meet all the other requirements.  These requirements include:

(1) Properly filing a Form I-765 with USCIS between May 10, 2016 and August 8, 2016, (2) Filing must be within 60 days of the date the DSO enters the recommendation for the 24-month OPT extension into the student’s SEVIS record, (3)  Submitting a new Form I-20 endorsed on or after May 10, 2016, indicating that the DSO recommends the student for a 24-month OPT extension, (4) Submitting a completed and signed Form I-983 Mentoring and Training Plan, (4) Having at least 150 days of employment period remaining on the date the I-765 is properly filed, and (5) Submitting the required filing fees plus any other supporting documentation to establish eligibility for a STEM OPT extension under the standards of the new final rule.   (Note: Students applying for the 7-month extension do not have to be in a valid period of standard 12-month post-completion OPT at the time of filing.)

Should I File for STEM OPT Extension Now or After May 10, 2016

Certain F-1 students with their current OPT expiring after May 10, 2016 have to choose between filing now under the existing 17-month STEM OPT program or filing on or after May 10, 2016 under the new rule.  If they file after May 10, 2016, they will be able to apply for the 24-month STEM OPT directly without worrying about conversion later on.  Filing now, on the other hand, will allow them to "avoid the crowd" as most students will likely file after May 10, 2016.  

Some Final Pointers

• Remember, you may only file for the 7-month OPT extension between May 10, 2016 and August 8, 2016.  You must also have 150 days of OPT remaining at the time of filing.

• If your current OPT expires before October 6, 2016, then you are not eligible for extension.

• Similarly, if your current OPT expires after October 6, 2016  but before January 5, 2017, you should make sure you file your extension request before the remaining 150 days runs out.

• Under the new rule, students may only file for STEM OPT extension 90 days before their current OPT expiration. 

• ICE will not be able to update the SEVIS system for the new STEM OPT until May 13, 2016. Therefore, students should take that into consideration when preparing for their filing.  Some students may have to file their STEM OPT application without the requisite I-20 endorsement in order to meet the 150-day requirement.  

• Timing is critical: Because of various time restrictions and documentary requirements (E.g, I-983 training plan).  It is very important that foreign students should plan things ahead and touch basis with their DSOs and employers as early as possible.  Don't hesitate to seek professional assistance from immigration attorneys if necessary.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)