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T Visa Updates
I'm going to share something that hopefully nobody here will ever need to use. The T Visa allows certain victims of human trafficking to remain in the U.S. Among other things, the policy guidance updates emphasizes a victim-centered and trauma-informed approach to adjudicating applications for T nonimmigrant status and clarifies the types of evidence that will be accepted in considering these applications. For a full reading view the policy update here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20241023-VictimsOfTrafficking.pdf
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USCIS Updates Guidance on the International Entrepreneur Rule
Great update here for those interested in an Entrepreneur Visa in the future. The U.S. Department of Homeland Security (DHS) is issuing a final rule to update the investment and revenue requirements for the International Entrepreneur Parole Program, adjusting for inflation. The program allows certain startup entrepreneurs to apply for parole if they show potential for rapid business growth and job creation. Originally established in 2017, the rule mandates an automatic adjustment of these financial thresholds every three years. Starting October 1, 2024, entrepreneurs must meet new criteria, such as securing at least $311,071 from investors or $124,429 from government grants within 18 months before applying. For re-parole, their startups must have received at least $622,142 in funding, created five jobs, or reached a revenue of $622,142 with 20% annual growth. Full announcement: https://www.federalregister.gov/documents/2024/07/25/2024-16138/international-entrepreneur-program-fiscal-year-2025-automatic-increase-of-investment-and-revenue
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New comment 26d ago
USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability
I get asked about EB-1 Visas A LOT... Well, here's some good news- USCIS has clarified and expanded the type of evidence that they are willing to accept to confirm 'extraordinary ability', specifically: - Confirms that we [USCIS] consider a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; - Clarifies that we consider past memberships under the membership criterion; - Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and - Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that we will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence. Read here for the full announcement: https://www.uscis.gov/newsroom/alerts/uscis-issues-new-guidance-on-eb-1-eligibility-criteria-for-individuals-with-extraordinary-ability
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Updates to SEVIS Phone Line
Did you know that you can contact SEVIS directly? While not often needed, the SEVP Help Desk can be a great resource for international students under the right circumstances. Most often, I would recommend checking with me or your school DSO before doing so, but if you need to, the phone number to contact the Help Desk is 1-800-892-4829. Full message: Over the weekend, the SEVP Response Center (SRC) launched a new telephone system for both domestic and international callers. The updated system provides stakeholders with a new interactive voice response (IVR) menu that allows callers to choose from the following options: - Principal or designated school officials, - Responsible officers or alternate responsible officers, - F-1 or M-1 students, - J-1 exchange visitors, - SEVP field representatives or government officials, or - All others. The new IVR also recognizes specific number options on the keypad and routes callers to an SRC customer service representative according to their IVR menu choice. For questions about the updated SRC phone system, please contact the SRC via phone at 703-603-3400 or 1-800-892-4829 or via email at SEVP@ice.dhs.gov. The SRC is open Monday through Friday, 8 a.m. to 6 p.m. ET, except for federal holidays.
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USCIS Updates Guidance for F/M Nonimmigrant Student Classification
Josh’s summary: USCIS has updated its guidance on Optional Practical Training (OPT) extensions for students in STEM fields. Key changes include: - Students can count one online class or three credits per academic session towards their full course load, even if the class is taken online. - Students can transfer between approved schools or change their education level. - During the 60-day grace period after OPT ends, students can change their education level, transfer to another approved school, or apply to change their immigration status. - Post-completion OPT is now available for students who complete associate's, bachelor's, master's, or doctoral degrees. - The period for applying for STEM OPT extensions has been corrected, along with other technical updates. - Students studying abroad can stay in the Student and Exchange Visitor Information System if the program is less than five months, but will need a new Form I-20 for programs lasting longer than five months. Official Announcement: We are updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad. The Policy Manual update: - Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class. - Explains that students may transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels. - Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status. - Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program. - Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections. - Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.
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