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Earlier this week, on January 26, 2021, the Student and Exchange Visitor Program (SEVP) rescinded its intention, announced less than two weeks earlier, to develop an OPT Employment Compliance Unit. Immigration and Customs Enforcement’s (ICE) compliance-focused plan included close collaboration with other government agencies.
According to SEVP, following additional reviews of ICE’s current Optional Practical Training (OPT) compliance efforts, much of the work to be designated to the OPT Employment Compliance Unit is already being performed by SEVP and therefore they determined the additional unit is not needed. While we are uncertain as to the internal discourse leading up to the quick rescission, it is likely that new administration team members reviewed the optics of the unit, the timing of the announcement (a week before the inauguration), and the potential impact on foreign students wanting to study in the U.S.
15 Jan 2021
The Department of Homeland Security is promising to issue a detailed report about the roughly 500,000 white-collar jobs that are transferred from American graduates to foreigners via the huge university-backed Optional Practical Training (OPT) program, which is often described as the younger version of the H-1B program.
The agency “is currently unable to evaluate the impact OPT has had on U.S. workers and foreign students who have obtained work authorization through the programs,” said a January 13 message from the Student and Exchange Visitor Program within the U.S. Immigration and Customs Enforcement (ICE) agency.
“To remedy this, SEVP is announcing the development of a new unit the OPT Employment Compliance Unit that will be dedicated full-time to compliance matters involving wage, hours, and compensation … the first report will be published on ICE.gov by July 31, 2021,” said the statement. It continued:
Texas DACA Lawsuit Threatens Many Work Permit Giveaways
24 Dec 2020
A Texas judge may strike down President Barack Obama’s 2012 DACA amnesty for roughly 700,000 illegal migrants and undermine other giveaway programs that allow U.S. employers to keep foreign workers in jobs needed by Americans.
In a December 22 hearing, the pro-migration supporters of Obama’s Deferred Action for Childhood Arrivals (DACA) amnesty asked District Judge Andrew Hanen to preserve the award of work permits, regardless of the economic impact on non-college Americans.
Hanen called the hearing after Texas, and other states filed a lawsuit to have the DACA amnesty declared illegal.
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Synopsis
F-1 students may stay in the US for up to 60 days beyond the length of time it takes to complete their academic program unless they have applied for and have been approved to stay and work for a period of time under the OPT program.
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There are two ways an F-1 student can extend their stay in the U.S. for 12 months after completing their degree.
F-1 visas are a type of non-immigrant student visa that permits foreigners to study (academic or a language training program) in the United States. F-1 students are expected to maintain a complete course of study. They may stay in the US for up to 60 days beyond the length of time it takes to complete their academic program unless they have applied for and have been approved to stay and work for a period of time under the OPT program.