Articles Posted in OPT

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On July 15, 2025, U.S. Congresswoman Maria Elvira Salazar introduced the Dignity Act of 2025 known as H.R. 4393, a bipartisan immigration bill that aims to strengthen border security in the United States, provide certain undocumented immigrants with an opportunity to legalize their status, and reform the U.S. legal immigration system.

The bill is a revised version of the Dignity Act of 2023 and has been introduced in the House of Representatives.

In this video, attorney Jacob Sapochnick breaks down each section of the Dignity Act touching on the bill’s major goals such as:

  • Border Security and Enforcement
  • Reform of the Asylum System
  • Legalization for Dreamers and Other Undocumented Immigrants
  • Benefits for American Workers and
  • Modernizing Legal Immigration

Border Security and Enforcement

The bill’s first major goal is to decrease illegal immigration with several measures aimed at strengthening border security and immigration enforcement. The bill would mandate the nationwide implementation of E-Verify to ensure that only authorized individuals are employed in the U.S., helping to deter illegal immigration through the workforce.

U.S. employers would face civil penalties for knowingly hiring individuals who are not legally authorized to work in the United States, as well as new penalties for employees and employers who knowingly submit false information through E-Verify.

The bill also funds the construction and modernization of physical and technological border infrastructure, including surveillance systems and sensors to improve detection and response capabilities at the border. Approximately $10 billion would be distributed until 2030 for the construction and modernization of ports of entry. To promote accountability, the Act includes oversight requirements for immigration enforcement agencies like ICE. Together, these provisions are designed to improve border control, discourage unlawful entry, and restore public trust in the immigration system.

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Over the past month, a new wave of visa revocations has caused panic among F-1 international students at college campuses nationwide.

In this video you will learn about what is happening, which students are being impacted, and how you can protect your immigration status moving forward.

Here’s What We Know

Without any prior notification, U.S. Immigration and Customs Enforcement (ICE) has been revoking visas and terminating SEVIS records for the following individuals:

  • Students who have had encounters with law enforcement
  • Students with criminal charges that have been dismissed
  • Students with very old misdemeanors pre-dating their most recent visa issuance
  • Students who have engaged in pro-Palestinian activism on college campuses and
  • Where the government learns that a student is working without lawful authorization

School officials first became aware of terminated F-1 student records after conducting routine checks of the Student & Exchange Visitor Information System (SEVIS). Still others became aware of their SEVIS termination after receiving an email directly from the State Department.

Why it’s Important

A student’s visa is the key that allows students to enter the United States, but their SEVIS record (known as Form I-20 Certificate of Eligibility for Nonimmigrant Student Status) is what determines their ability to remain inside the country. Students are allowed to remain until their “Admit Until Date” or D/S Duration of Status. This means a student can remain in the U.S. for as long as they comply with the terms of their F-1 visa.

Once an F-1 student’s SEVIS record is terminated, they automatically lose lawful status and are subject to removal from the United States if they do not leave the U.S. immediately. Under the Trump administration, F-1 visa holders admitted for “duration of status” begin accruing unlawful presence the day after their status ends.

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If you are planning to study in the United States, you should be aware of the increasingly high rate of denials among F-1 and M-1 student visa applicants. If you are interested in learning more about this important topic, please keep on watching.

Overview

According to a new report released by several research institutions, the denial rates for student visas have increased dramatically in recent years. In this video, we will discuss why this has been happening and what you need to know if you are planning to study in the United States.

The report includes a statistical analysis covering a 7-year period from 2015 to 2022, which demonstrates an annual increase in the rate of denials with the greatest impact affecting F-1 student visa applicants. The regions with the highest rates of denial are reportedly Africa, South Asia, the Middle East, and South America.

Africa bore the greatest share of denials, with a denial rate sitting at 54% in 2022. This figure is concerning because over half of all African student visas were denied, when compared to denial rates of just 36% for Asian students and 9% for European students. South America came in second place, with more than a 50% increase in F-1 visa denial rates when compared to a 10% denial rate in 2015 and 24% denial rate in 2022.

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In this video, attorney Jacob Sapochnick discusses the end of the selection process for the H-1B Visa Lottery for fiscal year 2024. If you were not selected in the lottery but would like to know more about your immigration options, then this is the right video for you.

Did you Know? The H-1B visa program allows American companies and/or organizations to employ foreign workers who possess both a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent, for a temporary period of time. A congressionally mandated cap limits the number of new H-1B visas that can be issued to 65,000 per year, and 20,000 for those who have earned a U.S. master’s degree or higher.

Overview

On March 27, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced it received enough electronic registrations to reach the congressionally mandated cap for fiscal year 2024. After the registration period closed on March 17th, USCIS completed a randomized lottery from among registrations submitted, to select qualifying petitions for the 65,000/20,000 H-1B regular visa cap and advanced degree exemption.

Registrants who were selected were notified via email or text message stating that an action was taken on their myUSCIS online account. Account holders could then log in to see the full notice and determine whether they were selected to file paper applications with USCIS.

The period for filing a paper H-1B cap-subject petition with USCIS will be at least 90 days. USCIS began accepting H-1B submissions from selected registrants (Form I-129 with supporting documentation) beginning April 1, 2023.

USCIS has not yet disclosed whether they will conduct additional randomized lotteries to fill the H-1B visa cap. In previous years, additional lotteries have sometimes taken place, where USCIS has determined that it has not received sufficient mail-in applications to fill the H-1B visa cap by June 30, 2023. Historically, second randomized lotteries (if any) have occurred during the month of July, with accountholders being notified in the month of August.

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In this video, attorney Jacob Sapochnick tells you everything you need to know about the H-1B visa cap season for fiscal year 2024. We have been receiving questions from our followers regarding the application process and upcoming deadlines that applicants should be aware of.

In this post, we cover what the H-1B visa program is, why there is an annual cap on the number of H-1B visas available each year, and everything you need to know about the H-1B visa application process in 2023.

Overview

What is the H-1B Visa Program?

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Generally, the job being offered by the U.S. employer must (1) require a bachelor’s degree or its equivalent (2) the degree should be common to the industry (3) and the duties required should be so specialized or complex that the knowledge required to perform them is usually associated with the attainment of a bachelor’s or its equivalent.

Professionals with job offers in the STEM fields (science, technology, engineering, and math) are the most common applicants for H-1B visas, although other fields may also qualify for the H-1B visa, such as finance, architecture, accounting, health, education, social sciences, physical sciences, medicine, among others.

Professionals who do not possess a bachelor’s degree or higher, but have at least 12 years of relevant experience, may still qualify for the H-1B visa without having a bachelor’s degree.

Once approved, an H-1B visa is valid for an initial period of 3 years and can be extended for an additional 3 years for a maximum period of 6 years in H-1B visa status. Thereafter, employers may sponsor workers for a green card.

Why is there a numerical cap on H-1B visas?

One of the drawbacks of the H-1B visa is that there is an annual numerical limit (cap) to the number of visas that can be issued each year. The annual cap for the H-1B visa program which has been set by Congress is 65,000 visas each fiscal year. An additional 20,000 petitions are set aside for beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to the H-1B numerical cap.

In order to select enough petitions to meet the H-1B numerical cap of 85,000 visas per fiscal year, the United States Citizenship and Immigration Services (USCIS) conducts a visa lottery, selecting from properly submitted electronic registrations to fill the cap.

Historically, competition for the H-1B visa is very strong. As an example, in FY 2022 U.S. employers submitted roughly 308,613 H-1B registrations, and by 2023 this figure increased to 483,927 registrations.

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In this video attorney Jacob Sapochnick discusses a very hot topic in the world of immigration—the H-1B visa lottery program. Learn how you can increase your chances of winning the H-1B visa lottery for the fiscal year 2024 cap in this video.

Recently, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY 2024 H-1B cap will open starting at noon Eastern time on March 1st and close noon Eastern time on March 17th.

The H-1B season is always an exciting time that gives you the chance of being selected in the lottery and the opportunity to live and work in the United States.

If you want to know more just keep on watching.

Did you know? The H-1B visa is a non-immigrant work visa that allows U.S. employers to hire foreign workers for specialty occupations requiring a bachelor’s degree or its equivalent. The most common occupations for the H-1B visa are the STEM occupations. Every fiscal year, USCIS is limited to a congressionally mandated visa quota of 65,000 cap-subject H-1B visas. Separately, 20,000 H-1B visas are available for foreign nationals who hold a master’s or other advanced degree from a US institution of higher education (cap-exempt).

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Are you an international student in the United States or planning to apply for an F-1 visa? Then this video may interest you. Here, we discuss a recent announcement made by the U.S. Citizenship and Immigration Services (USCIS) regarding the loss of accreditation of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency, and how it will impact certain F-1 students in the United States. The ACICS agency accredited close to 30 schools in the United States attended by more than 5,000 students.

Did You know? The U.S. Department of Education has announced it will no longer recognize the ACICS as an accredited agency. Accordingly, students in an English language program or those seeking an extension of their STEM OPT may be impacted.

If you want to know more just keep on watching.

Overview

On August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:

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Welcome back to Immigration Lawyer Blog! We kick off the start of a brand-new week with new White House initiatives expanding the post-completion Optional Practical Training program for STEM international students, as well as other government initiatives to attract entrepreneurs and highly skilled professionals to the United States seeking O-1 visas and National Interest Waivers.

Want to know more? Just keep on watching!

Overview

White House Releases Initiative Expanding STEM OPT

We are excited to share that just last week, the White House announced a series of policy changes designed to attract and retain the knowledge and training of international students working toward science, technology, engineering, and mathematics (STEM) related fields in the United States. Among these new initiatives, DHS Secretary Alejandro Mayorkas has announced the expansion of the STEM Optional Practical Training (OPT) program, with the addition of 22 new fields of study to the STEM Degree Program List, including economics, computer science, mathematical economics, data science, business and financial analytics.

Currently, the F-1 STEM optional practical training (OPT) extension program grants F-1 students with a qualifying STEM degree, the ability to work in the United States with OPT work authorization for a period of up to 36 months. This expansion of the program will now increase the pool of candidates eligible to receive employment authorization.

Some of the newly added fields of study include: Bioenergy; Forestry, General; Forest Resources Production and Management; Human Centered Technology Design; Cloud Computing; Anthrozoology; Climate Science; Earth Systems Science; Economics and Computer Science; Environmental Geosciences; Geobiology; Geography and Environmental Studies; Mathematical Economics; Mathematics and Atmospheric/Oceanic Science; Data Science, General; Data Analytics, General; Business Analytics; Data Visualization; Financial Analytics; Data Analytics, Other; Industrial and Organizational Psychology; Social Sciences, Research Methodology and Quantitative Methods. To view a complete list of qualifying fields, please click here to view the Federal Register notice. Continue reading

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares his top 5 tips for making a smooth transition from F-1 student visa to H-1B worker visa.

Keep on watching to find out more!

Top Tips: How to Transition From F-1 Student to H-1B Worker

This post is dedicated to F-1 students who are graduating from U.S. universities and are ready to become part of the American workforce.

Many F-1 visa students are fortunate enough to secure a job in the United States and H-1B visa sponsorship from a U.S. employer. If that sounds like you, this video will help you navigate the process and explain how you can make a smooth transition from F-1 student to H-1B worker in a specialty occupation.

What does this process look like and how can you make the transition?

USCIS statistics have proven that many beneficiaries of cap-subject H-1B visa petitions are actually F-1 students currently inside the United States. One of the most important factors in making a smooth transition from F-1 student to H-1B worker is to ensure that you are properly maintaining your F-1 visa status while studying in the United States.

How to Properly Maintain Your F-1 Student Visa Status

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B mandatory electronic registration system and what to expect after the mandatory registration period has closed. Keep watching for more information.

Overview:

As you know H-1B season FY 2021 is now in full swing. The new mandatory H-1B electronic registration system opened March 1, 2020 and will remain open until noon ET March 20, 2020.

Since the implementation of this new system our clients have been asking whether the system is working, whether there have been any glitches, and whether we have encountered any problems with the registration process.

So, what has happened since the system opened?

Unfortunately, during the first few days the system was open, our office encountered a few problems while registering our clients. The main problem was that the online system was locking us out and preventing us from completing our client’s registrations. Due to this, our office had to set up multiple accounts to prevent the system from locking us out in order to successfully complete the registrations.

Secondly, when registering in the system a code is supposed to be populated that is emailed to the employer for the purpose of verifying the information provided during the registration process. Our office experienced numerous problems retrieving this code, and in other cases the code provided by the system did not work altogether.

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