Articles Posted in Proposed Rule

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.

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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

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new proposed rule published in the federal register that will soon change the regulations governing Form I-864 Affidavit of Support.

Want to know more? Keep on watching for more information.


Overview

On October 2, 2020, the Department of Homeland Security published a new proposed rule in the federal register that seeks to (1) strictly enforce the obligations of sponsors of the affidavit of support (2) tighten the types of documentation required by sponsors to demonstrate sufficient income (3) modify regulations regarding when an applicant is required to submit an affidavit of support from a joint sponsor and (4) enhance interagency reporting and information sharing among various government agencies.


What is the Affidavit of Support?

The affidavit of support is required for most family-based immigrants and some employment-based intending immigrants to show that the foreign national has adequate means of financial support and is not likely to become a public charge while in the United States.

The affidavit of support is essentially a contract between a sponsor and the U.S. government in which a sponsor must demonstrate that he or she has enough income and/or assets to support the intending immigrant. In most circumstances, the sponsor’s income must be at least 125 percent of the Federal Poverty Guidelines according to the size of the household.

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