On November 14, 2016, United States Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9, Employment Eligibility Verification (“Form I-9”).  Established by the Immigration Reform and Control Act (“IRCA”), Form I-9 is used to verify the identity and employment authorization of all individuals, including U.S. citizens, hired for employment in the United States. All U.S. employers, regardless of size, must ensure proper completion and retention of Form I-9 for each new employee hired after November 6, 1986.

Beginning on January 22, 2017, employers must only use the revised Form I-9 version dated November 14, 2016. USCIS has allowed a grace period through January 21, 2017 when employers may continue to use the Form I-9 version dated March 8, 2013.  Both the revised Form I-9 and the prior version may be found on USCIS’ website. 
Continue Reading USCIS Releases A Revised Form I-9, Employment Eligibility Verification

On Tuesday, May 10, 2016, the U.S. Department of Homeland Security (“DHS”) will implement major modifications to Optional Practical Training (“OPT”) extensions for students on F-1 visas enrolled in science, technology, engineering, and mathematics (“STEM”) degree programs. The new regulations, published on March 11, 2016 at 8 CFR Parts 214.2(f) and 274a, authorize a 24-month STEM OPT extension period, replacing the previous 17-month STEM OPT extension period. While at first glance, the new STEM OPT extension regulations may seem a cause for celebration, there are a number of added requirements and oversight provisions and, for some U.S. employers, the benefits may not outweigh the burdens.

OPT is a form of temporary employment available to students holding F-1 visas that directly relates to a student’s program of study. The employment is often paid, and may take place during and/or after completion of the degree program. The overarching idea is that OPT will afford eligible international students and new graduates the opportunity to gain hands-on practical experience to supplement what they learned during their degree program. Students may be authorized for a total of 12 months of full-time OPT at each educational level (e.g., undergraduate, graduate and post-graduate). The application process is relatively straight forward. The student must first request approval from his or her designated school official (“DSO”), who will then make a recommendation to the electronic Student and Exchange Visitor and Information System (“SEVIS”) by endorsing a Form I-20. Thereafter, the student must file the Form I-765, Application for Employment Authorization, supporting documentation, and a filing fee of $380.00 with the U.S. Citizenship and Immigration Services (“USCIS”).

Since 2008, eligible students who graduate with a qualified STEM degree and are presently engaged in a period of approved post-completion OPT may have the option to extend their OPT for a period of 17 months. This is the existing STEM OPT extension, and this is what the new regulations modify. These changes will affect all parties involved in the STEM OPT extension process. This includes the students and the U.S. employers with whom the students will train during the course of the approved period of STEM OPT. Not to be forgotten, however, are the DSO’s who perform pivotal work with students behind-the-scenes to recommend them for OPT and extensions and maintain student records in SEVIS.

So, what’s new? The better question, really, is what isn’t new. The new regulations provide a comprehensive overhaul to the STEM OPT program. A few provisions that will remain the same are: the school where the student is enrolled must be certified by the U.S. DHS’s Student and Exchange Visitor Program (SEVP) in order for the school to be capable of authorizing OPT (a school search tool is available on the U.S. DHS’s Study in the States website); the U.S. employer the student will train with during their period of approved STEM OPT must be registered in USCIS’s E-Verify electronic employment eligibility verification program; upon filing a timely extension application, the student’s OPT automatically extends for 180 days; there are no changes to the H-1B Cap Gap relief timetable; and the U.S. employer must comply with all state and federal laws, including wage and hour laws, applicable to the student’s employment.
Continue Reading Approaching the U.S. Department of Homeland Security’s New STEM OPT Extension Regulations with Caution