Interview Waiver Guidance For Form I-751 Revised

A policy memorandum has been issued by the USCIS providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10. Generally, USCIS officers […]

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F1 Opt Cap Gap Work Authorization Ended On September 30

F1 students who have an H1B change of status petition pending and have been working under OPT cap gap provisions will accrue unlawful presence if they continue to work on or after October 1 unless they are otherwise authorized to continue employment. Under the current USCIS cap gap regulations, an F1 student who is the […]

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STEM OPT: USCIS Clarifies When Offsite Employment Is Permitted

U.S. Department of Homeland Security (DHS) has clarified that F-1 students on STEM OPT extension may be placed at a worksite other than the employer’s principal location provided all of the training obligations are met. To be able to employ F-1 students under the STEM OPT program, the employer must be the entity that provides […]

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Unlawful Presence Rules Revised For F, J And M Nonimmigrants

USCIS has published a revised final policy memorandum superseding a previous memorandum for calculating unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, and their dependents. Under the revised final memorandum: Accrual of unlawful presence will be suspended for foreign nationals on F and M visa classification who timely file […]

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New Unlawful Presence Rules For F, J And M Nonimmigrants

USCIS has issued a new policy memorandum for calculating unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, and their dependents. Under the new policy that will go into effect on August 9, 2018, F, J, and M nonimmigrants who failed to maintain their status before August 9, 2018, will […]

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