Some F-1 students whose H-1B petitions were timely filed with an October 1 start date and requested change of status are eligible for a cap-gap extension of status and employment authorization. The cap-gap is the period between when the F-1 student status would end and the H-1B status begins on October 1. What Does the “Cap-Gap” Entail? Qualifying students are legally able to live and work in the United States during the “cap-gap” period. The […]Continue Reading
See below for key points on the current state of the Student and Exchange Visitor Program (SEVP), COVID-related travel information, and more prepared by the American Immigration Lawyers Association (AILA).Continue Reading
Answering HR Pros’ Most Common Business Immigration Questions: How Do I Verify the Work Authorization of F-1 STEM OPT Students?
How do I verify the work authorization of a student in F-1 status and STEM OPT? DHS issues F-1 students documents showing employment authorization based on the type of student they are and the type of employment they have. A foreign student in F-1 STEM OPT is issued an Employment Authorization Document (EAD) that states “STU: STEM OPT ONLY.” The following documents establish these students’ identity and employment authorization for Form I-9: ✓ Unexpired STEM […]Continue Reading
The Trouble with International Students and Online Courses — What You Need to Know Now
Due to COVID-19, SEVP instituted a temporary exemption earlier this year. It allowed international students to take more online classes for the spring and summer semesters than normally permitted for the purposes of maintaining a full course of study, which enables them to keep their legal F-1 and M-1 nonimmigrant status. Under the proposed modifications, international students will not be able to obtain a visa to come here or remain in the US if their […]Continue Reading
Are You Ready to Complete I-9 Verification for an F-1 STEM OPT EAD? Read This First.
Some F-1 students may apply for work experience for up to 36 months, something that benefits both them and employers. To enjoy this benefit, F-1 students have to correctly apply for an Employment Authorization Document (EAD) and go through the I-9 Verification process. How do you do this? First, STEM students need to remember that they must apply correctly and timely for this benefit. Just one day of delay can make the difference between being […]Continue Reading
What You Need to Know about This Years’ Cap-Gap and H-1B Cap Petitions Pending Adjudication
We are happy to report that we have begun to receive receipt notices for some H-1B FY2021 cap-subject petitions! Below are answers to FAQs to help employers and their F-1 cap-gap students continue to plan for the H-1B cap-gap. Have receipt notices from the Vermont Service Center come in yet? No. We’re still waiting for the receipt notices for the H-1B cap petitions filed with the Vermont Service Center (VSC), which has reported having issues […]Continue Reading