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Thursday, August 20, 2015

Foreign Students and F-1 Authorization

Federal Court Decision on F-1 Work Authorization Poses Massive Headaches for Employers Unless USCIS Implements a New Rule in the Next 6 Months

Greenber Traurig LLP | August 13, 2015

While you are studying in the US, you cannot take up regular employment. It is illegal to work without work permit. But, you can work in the US with prior authorization. Source: http;//
Yesterday, the U.S. District Court for the District of Colombia significantly curtailed immigration benefits for foreign students in the United States on F-1 visas. In her opinion in the case Washington Alliance of Technology Workers vs. U.S. Department of Homeland Security, U.S. District Judge Ellen Segal Huvelle invalidated USCIS’s 2008 17-month Optional Practical Training (OPT) extension rule. DHS argued that it had good cause to publish the regulation in 2008 as an emergency rule because thousands of highly skilled individuals educated at U.S. colleges and universities would otherwise have been forced to leave the U.S.  Judge Huvelle held that DHS failed to show it faced an emergency situation in 2008 that exempted it from carrying out the notice and comment requirement, thus making DHS’ rule invalid.

<more at; related link: (Students and Employment) and (Working in the USA)>

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