USCIS Clarifies Policy Guidance for International Students in F, M Status
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The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to streamline and clarify regulations for nonimmigrant students in F and M status. This revision aims to enhance transparency and comprehension of the rules for students, employers, and educational institutions. The key aspects of this update include:
- Eligibility and Residence Requirements: The policy now explicitly states that students in F and M status, while required to maintain a foreign residence, can still be beneficiaries of PERM labor certifications or immigrant visa petitions. This means students can initiate a green card application without it automatically affecting their student status. However, once a student files Form I-485 (Application to Register Permanent Residence or Adjust Status), they lose eligibility for the student visa status and cannot travel abroad until they receive Advance Parole.
- Employment with Start-Up Companies on STEM OPT: The USCIS has clarified that start-up companies can support students in STEM OPT, provided they meet certain conditions. These include guaranteeing at least 20 hours of work per week, adhering to the training program, offering compensation comparable to similarly situated U.S. workers, and maintaining good standing with E-Verify. This clarification addresses previous uncertainties about whether start-ups could fulfill the requirements for STEM OPT extensions.
These updates are significant for international students in the U.S., particularly those seeking to transition from student status to permanent residency and those looking to engage in practical training with start-up companies. It's important for students and employers to understand these changes to ensure compliance with U.S. immigration policies.
Prepared on the information from globalimmigrationblog.com