On June 18, 2025, the US Department of State (“DOS”) issued a statement announcing it is resuming visa services for foreign students with an updated social media policy. We had previously covered the issues students faced and the announcement by DOS on May 27, 2025 that they would not be scheduling new appointments for student visas. Under the new guidelines, which are expected to be implemented within five business days all F‑1, M‑1, and J‑1 visa applicants are instructed to set their social media profiles to “public.” The purpose? Consular officers are now expected to review “applicants’ entire online presence”, not just social media bios.
Read moreChanges in Student Visa Rules: What It Means for International Students
Over the last few days, the Trump Administration has introduced changes to its student visa policies, prompting concerns within academic and international communities. On May 27, 2025, the US State Department issued a directive by Secretary of State Marco Rubio instructing embassies worldwide to pause the scheduling of new interviews for student and exchange visitor visas (F, M, and J categories). This measure is part of a broader review aimed at enhancing the screening and vetting processes for these applicants, including the implementation of expanded social media evaluations. Notably, individuals with already scheduled interviews are not affected by this pause.
Read moreForeign National Students Facing Visa Revocations
Since April 4, 2025, international students in the United States on valid F-1 student visas have reported receiving notice that their SEVIS (“Student and Exchange Visitor Information System”) records had been terminated and their F-1 visas revoked—effectively leaving them without lawful status. According to The Guardian, students from more than 50 universities shared that their visas were canceled around April 4 with many noting they had never been charged with any criminal offenses. These reports follow a series of alarming developments involving the detention of foreign national students for their participation in pro-Palestine activities and the Department of State’s confirmation that over 300 student visas had been revoked. Secretary of State Marco Rubio cited national interest and students’ criminal records as the basis for these actions.
Read moreDHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency
On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.
The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.
Read moreUSCIS Rolls Out Premium Processing Option for Certain F-1 Students
Holding to true to its plans to expand its premium processing services to “increase efficiency and reduce burdens to the overall legal immigration system”, United States Citizenship and Immigration Services (“USCIS”) announced it is implementing premium processing service and online-filing procedures for certain F-1 student visa holders seeking Optional Practical Training (“OPT”) and F-1 students seeking science, technology, engineering, and mathematics (“STEM”) OPT extensions.
Read moreUSCIS Announces Resources and Guidance for STEM Graduates
Keeping in line with the Biden Administration’s objective to attract and maintain global talent in the fields of science, technology, engineering, and mathematics (“STEM”), United States Citizenship and Immigration Services (“USCIS”) has recently published additional online resources on its website, to " provide an overview of some of the temporary and permanent pathways for noncitizens to work in the United States” in the STEM fields.
Read moreBiden Administration Takes Steps to Maintain STEM Talent in the US
In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).
Read moreUSCIS Announces Form I-765 Can Now Be Filed Online by F-1 Students Seeking Optional Practical Training
On April 12, 2021, US Citizenship & Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online as long as they are filing under one of these categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
US News & World Report: “Foreign-Born STEM Workers Get to Stay in U.S.”
Since the federal government opened up public comments on the US Department of Homeland Security’s (DHS) proposed rule to expand the amount of time foreign STEM students are authorized to work in the US on a student visa, they’ve received over 3,000 comments, many of them positive.
The draft rule, incorporating President Obama’s executive action proposals, would make various changes to the F-1 science, technology, engineering, and mathematics (STEM) Optional Practical Training (OPT) program, most notably increasing the STEM OPT extension from seventeen to twenty-four months on top of the initial twelve months of OPT eligibility, for a total of three years of post-graduation work eligibility. As the public comments indicate, many are welcoming the extension as it would increase chances for OPT workers to obtain an H-1B visa since their employers would be able to enter the lottery (by filing an H-1B petition on their behalf) more than once.
The proposal comes after a District of Columbia judge ruled this past August that the Department of Homeland Security (DHS) must vacate a 2008 rule that granted F-1 STEM students OPT extensions for seventeen months beyond the normal twelve months of OPT since DHS did not provide the necessary public notice and comment.
Since invalidating the rule effective immediately would have created a "major labor disruption” for technology-related industries as well as "substantial hardship" for thousands of international students, the judge imposed a six-month stay until February 12, 2016, a move that allowed DHS to correct—and thereby incorporate Obama’s executive directives including the STEM extension—for the necessary public notice and comment.
What’s in the proposed rule apart from the extension that is generating so many public comments? Some notable highlights include:
- Employers must implement formal mentoring and training plans for STEM OPT workers as well as an evaluation process;
- If students use the STEM OPT for a twenty-four-month period and then enroll in a new higher level STEM program, they would be entitled to a new twenty-four month STEM extension in addition to the standard twelve months of OPT;
- As part of the US worker protections included in the program, employers must show that they are not laying off US workers as a result of hiring a STEM OPT worker, they have ability to provide the necessary mentoring and training, and that the training must be in the student’s field;
- Moreover, duties, hours, and wages of an employer’s STEM practical training opportunity must be comparable to similarly situated US workers and wage information must be provided to DHS;
- The existing E-Verify requirements remain unchanged along with cap-gap extension program;
- Only accredited schools may participate in the STEM OPT program;
- DHS is permitted to conduct on-site inspection.
Not everyone is thrilled with this proposed rule. One commenter wrote that even with a STEM degree from Cornell University, he has been struggling to find work. "Companies don't want to hire Americans and they abuse [H1-B] and OPT to hire cheap immobile labor instead of hiring anyone over the age of 35, especially in software or tech areas," he wrote.
Ron Hira, a public policy professor at Howard University, said in ComputerWorld that for STEM graduates there "is no justification to treat them as interns in need of further training." He went on: "The duration of 'training' being proposed by the Obama administration has no basis in any theory, data, or analysis…It is pure fiction that someone with a master's degree in electrical engineering needs an additional three years to work as an intern to be a productive professional.”
One computer science Ph.D. student, however, commented that without the proposed STEM extension that applicants are either "lucky to get an H-1B or just go home." With the proposed STEM extension, he says: "I will have three years in total to evaluate my career and have the freedom to work for the country[.]"
The thirty-day comment period on the new rule ends November 18, 2015, and so for those who have something to add, don’t delay.
From Visitor to Green Card: The Life of a Legal Immigrant
In media coverage of immigration reform, one of the common complaints of anti-immigrant groups is that “illegal immigrants” should have followed the current immigration law to come to the United States.
As someone who advocates every day for people struggling to live and work here, I often wonder if most people realize just how long, arduous, and seemingly arbitrary the path to a Green Card (or even a non-immigrant temporary visa) can be for those who follow the rules. As an example, let's take a look at "Maya"—a fictional character not based on any particular individual, but a representative example of the journey many foreign nationals take.
As many foreign nationals do, Maya first comes to the US as a visitor with her parents as a young girl to visit family friends who moved to the US. After she spends two weeks on the beaches of Florida and goes to Disney World, she thinks that the US is an amazing place.
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