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Important Updates on US Visa Rules: What International Students Need to Know

by Hyacinth

The United States has long been a top destination for students and skilled workers. Recent changes to immigration policies, however, are set to alter this landscape significantly. These shifts are not solely due to political changes but also stem from new regulations and fee increases.

H-1B Visa Changes

The H-1B visa, essential for hiring foreign workers in specialty occupations, has seen dramatic fee hikes. The registration fee has surged from $10 to $215, marking a 2150% increase. Additionally, the application fee has risen from $460 to $780 for paper filings, a 70% jump. This does not include other potential costs such as the Asylum Program Fee, Fraud Prevention and Detection Fee, and the American Competitiveness and Workforce Improvement Act (ACWIA) fee.

Green Card Application Costs

The cost of applying for a green card has also increased significantly. The fee for filing Form I-130 has risen to $675 for paper applications and $625 for online applications, up from $535 for online submissions. Additionally, a new $600 fee has been introduced for asylum program applications involving non-immigrant workers (Form I-129), CNMI-Only Nonimmigrant Transitional Workers (Form I-129CW), or Immigrant Petition for Alien Workers (Form I-140). These changes are adding to the financial burden on those seeking refuge in the US.

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Streamlining and Security Enhancements

The United States Citizenship and Immigration Services (USCIS) argues that these fee increases are necessary to cover operational costs and improve infrastructure. Recent changes will affect students in the following ways:

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Tighter Scrutiny for Student Visas: Applicants for F, M, and J student visas must now provide accurate passport information when scheduling appointments. This change aims to improve data accuracy and prevent scheduling errors.

EAD Extension Relief: USCIS has relaxed eligibility criteria for Employment Authorization Documents (EADs), commonly known as work permits, for certain applicants. The validity of EADs can now be extended up to five years, offering greater stability and reducing the frequency of renewal applications.

Practical Training Opportunities for International Students

Several practical training opportunities are available to students in the US, each with specific guidelines:

Optional Practical Training (OPT): This includes Pre-Completion OPT for part-time work while studying, and Post-Completion OPT for up to 12 months of work authorization after graduation.

Curricular Practical Training (CPT): CPT provides full-time work opportunities related to the student’s curriculum.

Practical Training (PT) for M-1 Students: M-1 students, who are enrolled in vocational programs, can access PT after completing their programs. The duration of PT eligibility depends on the length of their program.

Impact of Recent Changes

The new visa rules will have a modest impact on practical training opportunities:

STEM OPT Extension: The 24-month STEM OPT extension remains unchanged.

Employer Requirements: The requirement for employers to be E-Verify participants has been removed. However, employers must still provide formal training and learning objectives for STEM OPT students, documented in a training plan using Form I-983.

Reporting Requirements: Reporting frequency for STEM OPT students has been reduced from every six months to annually.

Unemployment Allowance: The unemployment allowance for the combined post-completion OPT and STEM OPT extension periods has increased from 150 days to 180 days.

Fees: The STEM OPT extension application fee (Form I-765) has risen from $410 to $470 for online filings and $520 for paper filings.

These updates mark a significant shift in the US immigration system, affecting both financial costs and procedural aspects for students and skilled workers.

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