New NIL Laws Leave Noncitizen College Athletes Behind

Despite a Supreme Court ruling that college athletes can receive payment for use of their name image and likeness (NIL), international student athletes should not collect compensation until further guidance is issued by the Student and Exchange Visitor Program (SEVP). New laws will take effect this month, allowing student athletes to get paid for endorsements,… [Read More]

Top Five Tips for OPT and CPT Employers

As summer approaches, new graduates are entering the workforce, and college students are seeking to supplement their education with internships and summer employment. This article provides our top tips for employers hiring a new graduate or summer intern who is a noncitizen on Optional Practical Training (OPT) or Curricular Practical Training (CPT) status. OPT and… [Read More]

FY2022 H-1B Alternatives

The H-1B Registration period ended on March 25 and the H-1B Lottery Selection period has begun. Currently, we are seeing about a 30% selection rate among all filers, which suggests one of two things: (1) either the number of applicants is up for this fiscal year; or (2) USCIS is only partially into the selection… [Read More]

H-1B Pro Tip – You Should Register an Employee for H-1B Lottery even if they Have Time Left on F-1 EAD

F-1 OPT provides a valuable on-ramp for employers who use the H-1B visa to fill specialty occupations in their company. Upon graduation from a U.S. college or university, foreign students on an F-1 visa can receive OPT work authorization for 12 months – with a potential for a 24-month extension for STEM occupations with employers… [Read More]

What are Employer Obligations in the H-1B Process?

The H-1B is perhaps the most well-known work visa and a cornerstone of business immigration for public and private companies large and small, institutions of higher education, school systems, and hospitals/healthcare facilities. This dual-intent, nonimmigrant visa allows employers to bring professional employees to the US, and also has a clearly defined path for the applicant… [Read More]

What to Expect from the FY 2022 H-1B Lottery

UPDATE 2/17/2021 United States Immigration and Citizenship Services (USCIS) indicated it will open H-1B registration for FY2021 on March 9, 2021. The window will close March 25, 2021. During the registration period, petitioners can electronically file petitioner and beneficiary information through the electronic registration process. On February 5, USCIS shared the following guidance on this… [Read More]

Looking Ahead: How a Biden Presidency Could Impact Immigration in Higher Education

President-Elect Joe Biden will inherit an immigration landscape that has changed dramatically in the four years of the Trump Administration. Under its “Buy American, Hire American” directive, the Trump Administration changed the way federal immigration laws are interpreted and enforced, leading to increased scrutiny of every conceivable aspect of legal immigration, from obtaining U.S. citizenship… [Read More]