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USCIS Updates Guidance for F/M Nonimmigrant Student Classification 

Client Alert!

There has been an update with the guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields.

This update clarifies the guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad which can be found in Volume 2, Part F, of the Policy Manual. 

The Policy Manual update:

•Students are permitted to count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study for an online class or through distance learning, even if physical attendance is not required.

•Students are permitted to transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same education level, or move between educational levels.

•Students are permitted to change their educational level, transfer to another SEVP-certified schools, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status, during the 60-day grace period following an authorized period of post-completion of OPT.

•Students may be eligible for post-completion OPT after competition of an associate’s, bachelor’s, master’s, or doctoral degree program.

•Revised and corrected the period during which students may apply for STEM OPT extensions.

•Students may remain active in the Student and Exchange Visitor Information System if the student is enrolled in a SEVP-certified school during a student abroad program that lasts less than five months. If the student qualifies with the above referenced requirements but is participating in a study abroad program that lasts longer than five months, then the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.

The Policy Manual update is effective immediately and applies to requests pending or filed on or after the publication date. 

Click the link for more information.

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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010