OPT – Hammond Neal Moore, LLC

DHS announces plans impacting highly skilled immigrants

By Mike Hammond|2012-02-04T21:12:19+00:00February 4th, 2012|Categories: Government Agency Actions - USCIS, ICE, etc., US Immigration Policy|Tags: DHS reforms, E-3, OPT, STEM|

As part of President Obama's public claims to foster legal immigration and encourage entrepreneurship, the DHS announced several planned reforms to achieve these goals without the need for legislative action. We applaud the goals of the administration and these planned reforms and just hope that the culture of no which so permeates the agency at the service center levels are not able to quickly thwart the Preseident's plans in much the same way that Senator Grassley and his cohorts in Congress would most assuredly stop these reform measures if Congressional action were required.

STEM list expanded

By Mike Hammond|2011-05-20T23:17:19+00:00May 20th, 2011|Categories: Government Agency Actions - USCIS, ICE, etc., Visas - H-1b, L-1, E, O, TN|Tags: 17 month extension, eVerify, OPT, STEM|

ICE recently announced that additional degree programs including computer science are being added to the STEM list making graduates of those programs eligible for the 17 month OPT extension program.

USCIS issues FAQ on “cap-gap” rules

By hammond|2011-04-06T23:17:41+00:00April 6th, 2011|Categories: Government Agency Actions - USCIS, ICE, etc., Immigration Compliance, Visas - H-1b, L-1, E, O, TN|Tags: cap-gap, EAD, foreign student, H-1 visa, H-1b visa, OPT, USCIS|

With the H-1b cap season in full swing, the USCIS has issued a new set of FAQ on the subject of "cap-gap". A "cap-gap" occurs when a foreign student's EAD card, issued pursuant to the OPT rules, expires prior to October 1, 2011. The USCIS has adopted rules that provides for an automatic extension that allows students to continue to be employed under the OPT provisions as long as their sponsoring employer has timely filed an H-1b cap subject petition that is properly receipted. An employer should be careful that the employee's I-9 form is properly completed in this situation. We applaud the USCIS for its "cap-gap" policy.