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President Takes Executive Action on Immigration

admin — Sun, 23 Nov 2014 16:53:01 +0000

On November 20, 2014 President Obama announced multiple administrative changes to the way in which his Administration will implement current U.S. immigration laws. These far reaching changes provide Deferred Action for parents of U.S. citizens and permanent residents for a 3 year period, expand eligibility for Deferred Action for Childhood Arrivals, expand enforcement coordination at the southern border, expand provisional waiver coverage, promote citizenship, and tweak various immigrant and nonimmigrant programs. We will address each of the administrative changes in upcoming, separate posts. Stay tuned.

Rabinowitz & Rabinowitz, PC. is an immigration law firm in Dallas Texas representing individuals and family members in lawful permanent resident and U.S. Citizenship cases. To learn more visit http://www.rabinowitzrabinowitz.com.

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International Students in America: October, 2014 Numbers and Trends

admin — Sat, 15 Nov 2014 16:48:12 +0000

In its October, 2014 review of the Student and Exchange Visitor Program, the U.S. Immigration and Customs Enforcement has provided a statistical snapshot of the international student population and the institutions at which they study. According to the review, there are 1.1 million academic and vocation foreign students currently studying in the United States, and 200,782 exchange visitors here at the 8,988 U.S. institutions that have been approved to enroll academic and vocational international students. The vast majority of such approved institutions – 77% – actually enroll 50 or fewer academic and vocational students. 73% of all academic or vocational students are enrolled in bachelor’s masters or doctoral programs while nearly 400,000 academic and vocational international students are studying in the STEM fields. 69% of all academic and vocational STEM students are male.

The review lists several trends. Compared to October, 2013, (a) overall, the number academic, vocational and exchange international students is up by 9%, (b) the number of all academic and vocational students enrolled in secondary school programs is up by 14% and those enrolled in U.S. masters degree programs is up 16%; (c) the number of academic and vocational students from India is up 28%; and interestingly (d) data on the number of academic and vocational students studying in Vermont show it to be up 21%, and those studying in Washington, Delaware and Arizona is up 18%.

The top five approved approved institutions with the largest academic international students populations are: (1) University of Southern California, with 12,332 international students; (2) New York University, with 10,825 international students; (3) Columbia University, with 10,744 international students; (4) Purdue University, with 10,545 international students; and (5) University of Illinois, with 10,510 international students.

Finally, 12% of all academic and vocational students, or a total of 134,292, are from India. 65% of all academic and vocational students from India study engineering and computer and information sciences and support services programs.

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National Visa Center Changes Document Collection Policy

admin — Sat, 15 Nov 2014 16:08:53 +0000

In a move to reduce applicant wait times, the National Visa Center will no longer require original documents to be submitted as part of the U.S. immigration process. Instead, starting November 12, 2014 immigrant visa applicants need only submit copies of supporting documents to the NVC. The immigrant visa applicant will bring the original documents to the interview at a U.S. consular post abroad for evaluation and final case processing. The NVC will still require an original signed Affidavit of Support be sent to it.

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DHS Continues Employment Authorization for Certain Syrian F-1 Students to 2015

admin — Tue, 25 Jun 2013 01:42:34 +0000

On June 17, 2013, the Department of Homeland Security published notice that it has extended employment authorization for Syrian academic students currently in the U.S. who face severe economic need arising out of the civil unrest in Syria. The notice is effective from June 17, 2013 through March 31, 2015. The original notice granting Syrian students this benefit was effective from April 3, 2012 through October 31, 2013.

As background, DHS can authorize employment authorization while school is in session to students from countries DHS deems to be experiencing civil unrest. The authorization once approved for each student, means that an F-1 student whose country of citizenship is Syria and who faces severe economic need is deemed to be engaged in a full course of study while being able to work increased hours and maintain a reduced course load.

The measure will assist Syrian students who rely mainly on funds from Syria to continue their students and support themselves when funds from Syria may no longer be available to them.

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F-1 to H-1B Lottery Winners: Travel Before October 1 is Risky

admin — Mon, 20 May 2013 00:30:02 +0000

For many F-1 academic students who have graduated, received post completion Optional Practical Training (“OPT”), had an H-1B petition filed in their behalf with a start date of October 1, and “won” the H-1B lottery, such persons are entitled to continued, authorized F-1 stay and continued employment authorization up until September 30 of the year. This is known as a “cap gap” benefit. The question arises whether a cap gap H-1B beneficiary can travel outside the U.S. without adverse impact if the H-1B petition is pending or already approved.

While there is no guidance directly on point, in a policy Memorandum issued on April, 2010, Immigration and Customs Enforcement (“ICE”) advises against travel for an F-1 student whose H-1B change of status petition has not yet been decided. It bases its reasoning on USCIS policy that considers the change of status portion of an H-1B petition as abandoned if the H-1B beneficiary departs the U.S. before USCIS decides the case. The Memorandum is silent regarding cap-gap travel if the H-1B petition is already approved. To be safe, H-1B cap gap beneficiaries should remain in the U.S. during the cap-gap interval and those considering travel abroad should consider making an H-1B visa application in September. H-1B visa status holders can enter 10 days in advance of their start date but can only begin work on October 1.

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