USCIS Updates Policy Guidance for International Students
/On December 20, 2023, US Citizenship and Immigration Services (USCIS) issued policy guidance regarding the F and M student nonimmigrant visa categories, including the USCIS’s role in adjudicating related applications for employment authorization, change of status, extension of stay, and reinstatement of status and their dependents in the United States. The guidance is meant to USCIS “provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.”
One example of this is that the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but such a student may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate an intent to depart after a temporary period of stay.
Additionally, the guidance indicates how a student in F status who is seeking an extension of optional practical training based on a degree in a science, technology, engineering, or mathematics (STEM) field may be employed by a startup company, as long as the employer follows the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.
