F-1 Visa

There are many visa categories for United States universities and colleges to employ faculty from across the globe. Therefore, in this article, the immigration and nationality lawyers at the NPZ Law Group explain these nonimmigrant (temporary) visa categories.
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International students are now and always have been among the Department of State’s highest priorities. The Department recognizes the important contributions these students make to our college and university campuses;
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Pursuant to a court order, USCIS extended the flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities have been extended to include applications received on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the application is received by Oct. 31, 2021.
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USCIS announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.

Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status, which required them to file extensions, or an initial COS and subsequent extensions ensuring that they would not have a “gap” in status.
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The Student and Exchange Visitor Program (SEVP) will extend the guidance originally issued in March 2020 for the 2021-22 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19.
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This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Syria (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the civil unrest in Syria since March 2011.
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This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Venezuela (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela.
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U.S. Citizenship and Immigration Services announced today that certain foreign students can now file Form I-765, Application for Employment Authorization, online.

F-1 students seeking optional practical training (OPT) directly related to their major area of study are eligible to apply for employment authorization online if they are filing under one of these categories:
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USCIS continues to experience delays at certain lockboxes in issuing receipt notices for Form I-765, Application for Employment Authorization, based on eligibility categories described in 8 C.F.R. 274a.12(c)(3), relating to optional practical training (OPT) for F-1 students. While USCIS have made progress in addressing the delays, USCIS would like to provide additional clarifications and reminders:
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On October 1, 2020, a federal district court in National Association of Manufacturers v. Department of Homeland Security (NAM) enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052 against named plaintiffs and members of the plaintiff associations. The named plaintiffs include: the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Therefore, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the above named organizations is no longer subject to PP 10052’s entry restrictions
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As exceeding unemployment limits can result in a loss of status, we are reminding F-1 aliens participating in post-completion Optional Practical Training (OPT), and their designated school officials (DSOs), that they must update the employer information in the Student and Exchange Visitor Information System (SEVIS), including unemployment data. Federal regulations require F-1 aliens to notify their DSO within 10 days of any changes to their personal or employment information. In turn, DSOs must update SEVIS with the alien’s information within 21 days. This reminder helps ensure F-1 aliens and DSOs properly comply with existing requirements.
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