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A three-judge panel with the U.S. Court of Appeals for the D.C. Circuit ruled Tuesday to uphold the legality of the Optional Practical Training (OPT) program, including the STEM extension.
OPT allows F-1 students who graduate from a U.S. university to work for 12 months in their field of study and for an additional 24 months if they have a degree in science, technology, engineering or math (STEM).
In her opinion, Judge Cornelia Pillard wrote that OPT is consistent with post-graduation programs that date back more than 70 years. In that time, Congress has amended Immigration and Nationality Act (INA) a number of times, but has never curbed executive authority to allow F-1 students to stay in the country for post-graduation training, Judge Pillard said.
Judge Pillard was joined in her opinion by Judge David Tatel. Judge Karen LeCraft Henderson agreed on a standing question but dissented on the merits.
Litigation challenging the OPT program dates back to 2014. In 2020, a federal district court ruled that OPT was lawful, and the plaintiffs in the case, the Washington Alliance of Technology Workers (WashTech), appealed to the D.C. Circuit Court.
Business organizations have shown strong support for OPT. Last year, 60 U.S. companies and trade organizations signed a friend-of-the-court brief urging the appeals court to protect OPT and saying the program helps employers fill “persistent vacancies” in STEM positions.
BAL Analysis: Tuesday’s ruling marks a significant legal victory for supporters of OPT, though WashTech will likely pursue further judicial review. BAL will continue to follow the litigation and will provide updates on important developments relating to OPT.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Embassy in New Delhi’s Minister Counselor for Consular Affairs, Don Heflin, provided an update on visa processing in India last week, outlining the steps officials are taking to reduce their processing time and appointment backlog. Highlights from the event are as follows.
Reducing the visa backlog.
Visa interview appointments.
Expedite requests.
MRV Fees.
Student visas (F, M and J visas).
Immigrant visas (green cards).
BAL Analysis: While Mission India is taking steps to reduce its backlog, applicants should continue to expect visa processing and appointment delays at the U.S. embassy and consulates in India. Service levels and processing times may vary from post to post. BAL will continue to monitor efforts to address the delays and will provide information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.
The full Consular Q&A with Donald Heflin is available here.
U.S. Customs and Border Protection (CBP) has announced that nationals of the Dominican Republic are now eligible to apply for the U.S. Global Entry Program.
Key Points:
Additional Information: Those with Global Entry enter the U.S. through automatic kiosks at numerous U.S. airports and at preclearance locations around the world. The Dominican Republic joins 14 other Global Entry countries, including Argentina, Brazil, Bahrain, Colombia, Germany, India, Mexico, the Netherlands, Panama, Singapore, South Korea, Switzerland, Taiwan and the U.K.
BAL Analysis: Dominican nationals who frequently travel to the U.S. for business or tourism will benefit from the program, as their entry process will be expedited at many U.S. airports. Global Entry members can also benefit from security prescreening at designated international airports before boarding a flight to the U.S. Travelers are reminded that they must still have a valid visa, if required, before traveling to the U.S.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
U.S. Citizenship and Immigration Services (USCIS) announced Thursday that it would extend the temporary waiver of a requirement that civil surgeons sign required medical reports no more than 60 days before applicants submit adjustment of status applications.
Additional Information: USCIS’s policy alert on this change is available here.
The U.S. State Department is again urging U.S. citizens to leave Russia following the country’s mobilization of its citizens to the armed forces.
BAL Analysis: The situation in Russia may change with little or no notice and companies with employees in the country are encouraged to pay close attention to State Department warnings and information.
U.S. Citizenship and Immigration Services (USCIS) announced today that it is automatically extending the validity of Permanent Resident Cards (Green Cards) to 24 months beyond the expiration date for those who file Form I-90.
Additional Information: Foreign nationals who no longer have their Green Card and need evidence of their lawful permanent resident status while they wait for their replacement Green Card can ask for an appointment at a USCIS Field Office by contacting the USCIS Contact Center. More information for those needing to replace a Green Card is available here.
U.S. officials said this week that the U.S. embassy and consulates in India are scheduling appointments for all visa categories but that wait times remain significantly delayed.
In a press conference with Indian External Affairs Minister Subrahmanyam Jaishankar, U.S. Secretary of State Antony Blinken said the State Department is “surging resources” to address a visa backlog that developed because of COVID-related staffing and funding issues.
“We have a plan when it comes to India to address the backlog of visas that’s built up,” Blinken said, according to a State Department transcript. “I think you’ll see that play out in the coming months, but it’s something that we’re very focused on.”
Background: Delays have plagued U.S. embassies and consulates around the world. State Department officials have said that visa processing times are improving but that progress varies from post to post.
BAL Analysis: In his remarks this week, Secretary Blinken said he is “extremely sensitive” to visa issues and said officials would remain “very focused” on reducing the backlog. For now, appointment and processing delays should be expected at embassies and consulates in India. Service levels and processing times at posts around the world vary. BAL will continue to monitor efforts to address the delays and will provide information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.
The State Department will open registration for the Diversity Visa 2024 lottery Wednesday, Oct. 5. Up to 55,000 diversity immigrant visas will be available to nationals of countries with historically low immigration to the U.S.
BAL Analysis: The State Department urges applicants not to wait until the final week to register because heavy demand may cause website delays. Individuals should also be aware of scams that frequently target DV lottery registrants. Individuals are reminded that the registration process is free and that the only way to enter the lottery and obtain lottery results is via the State Department’s E-DV website.
The Department of Homeland Security (DHS) recently announced that it would extend Temporary Protected Status (TPS) for Burma (Myanmar) for 18 months from Nov. 26, 2022, through May 25, 2024. DHS also temporarily suspended employment authorization requirements for certain F-1 students from Burma.
Additional Information: The decision to extend TPS for Burma was made due to the ongoing violence and threat posed on civilians lives, DHS said. The agency cited the same reasons in its decision to provide relief for nonimmigrant F-1 students. More information is available here.
U.S. Citizenship and Immigration Services (USICS) has rescheduled a national stakeholder engagement on the Deferred Action for Childhood Arrivals (DACA) final rule.
Additional Information: The Department of Homeland Security (DHS) published the final DACA regulation in the Federal Register in late August. The regulation was designed to “preserve and fortify” DACA, which shields hundreds of thousands of individuals who were brought to the U.S. unlawfully as children from deportation and allows them to apply for work authorization. It is scheduled to take effect Oct. 31; however, litigation over DACA continues and immigration advocates have stressed that litigation could delay the regulation’s Oct. 31 effective date. Individuals in need of renewals should submit applications as early as they are eligible, given the uncertainty around the litigation.