niradhikari - Tumblr blog

[niradhikari]

Registration for a new organizational account began last month, and the LAST DAY to file H-1B electronic registration is in the noon of March 22nd, 2024, therefore, consider to register for 2024 H-1B registration today.

[niradhikari]

See you at Select USA Summit 2024

If you are going to be at Select USA Summit, (https://lnkd.in/eFpy3ZQN) say hello if you see me at the Summit! United States has been a major desination for foreign direct investment because: a) it is the world's largest market, b) it has ease of doing business, c) it has talented and diverse workfoce, d) it has a wide variety of landscapes and natural resources, e) U.S. has a wide range of funding sources, f) democracy, rule of law and strong protection of fundamental rights. To be able to stay and work in the U.S., foreign investors and their employees will have to obtain a right work visa or immigration option. Some of those options could be: B-1 business visitor;  Startup visa for high-growth startup companies;   E-1 Treaty Trader or E-2 Treaty Investor;  L-1A New Business or L-1A Manager or Executive;  O-1A visa for person of extraordinary ability;  TN (Canada/Mexico);  H-1B work visa (or other H visa); or E-5 Investor Immigration Program (Green card). In our news and insights section, you will read about those nonimmigrant visa options and immigration options for foreign investors and their employees. You can Schedule Appointment with me at: https://lnkd.in/gTy_kJRC Al so do not forget to schedule one-on-one meeting with Economic Development Organizations (EDOs) contacts at State level: https://lnkd.in/etXzJ93q EDO contacts at local level: https://lnkd.in/eBCdunVE #selectusasummit #SelectUSA #SelectUSA2022 #SelectUSASummit2023 #SelectUSA2022 #InvestInUSA #AdhikariLaw #NiranjanAdhikari

[niradhikari]

Speaker Johnson has flip flopped from his earlier principled position of full support for Ukraine’s victory.

Turns out Speaker Mike Johnson was a beneficiary of Russian campaign funds for his political career! He and GOP congresspersons must join to pass Ukraine Aid and end hostage taking with unrelated crisis.

In fact GOP initially wanted a “stand alone” bill! May be someone could talk some sense into the Speaker, he has a job to do, “legislating”, and not play hostage games!

"A group of Russian nationals were able to donate to newly elected House Speaker Mike Johnson's campaign in 2018 by funneling the money through a U.S. company." – Ewan Palmer

One of the men behind the company, Nikolaev, an oligarch with close ties to Russian President Vladimir Putin, was also found to have financially backed Maria Butina, a Russian citizen who lived in Washington D.C. Butina was sentenced to 18 months in prison in 2019 after admitting to acting as an unregistered foreign agent to infiltrate conservative political groups and influence foreign policy to Russia's benefit before and after the 2016 election.” More at https://www.newsweek.com/house-speaker-mike-johnson-donations-russia-butina-1838501

[niradhikari]

Congratulations to Ukrainian mounainteer Antonina Samoilova for making Everest ⛰️ 🏔️ Summits this year too.

Follow her mountaineering at https://www.instagram.com/tonya.samoilova Donate to charity United24 https://u24.gov.ua/ she supports.

[niradhikari]

टाइम्स हाइएर एजुकेसनले सार्वजनिक गरेको यस बर्षको विश्वविद्यालयको वरियतामा त्रिभुवन विश्वविद्यालयको स्तर खस्किएर १५०० औं स्थानमा पुगेको छ। अघिल्लो बर्ष त्रिभुवन विश्वविद्यालय उत्कृष्ट १००० विश्वविद्यालयमा परेको थियो।

TU has slipped in the World Universities Ranking falling into the 1500th position. TU previously held a position among the top 1000 universities, as ranked by Times Higher Education.

This is the result of bad governance and bad social and value systems of Nepal and Nepali which impacts every spere of lives. These got to change. All must rise and "do their part"! This is going to get worse and worse for many.

Now I will ask "every" management, professors, staff, students leaders and students at TU to explain where they see themselves and how they plan to improve the quality of education and change it for better.

This is the university which does that "shameful" equivalency of "other" universities including world's top ranked ones!

On top of being a failed university (I myself is a product of it and had to do those extra "tuitions" for my I. Sc. and had to demand unaccountable campus chief, party's jhole* students leaders to run classes and labs well) hundreds of thousands of citizens are deprived of good education and higher education due to failing government schools and failed Tribhuwan University. Dorje Gurung (https://www.dorjegurung.com/blog/2022/10/screwed-up-education-system-in-nepal/ (follow him on FB, Dorje's Dooing, Twitter https://twitter.com/Dorje_sDooing) has highlighted so many issues with Nepal's social, governance, education systems and why it needs a massive changes. To start with, the current leaders and administrators (largely of Bahun, Chhetri and Newar) of education and higher ed. must be replaced and changed with more diverse and competent workforce who really cares for students' success. Most of these folks are just "chair warmers" to get their salary, benefits and perks!

*those झोले jhole students leaders were training themself to be "leaders" of Nepali politics by actually destroying science lab (by students group of एमाले, माओवादी), misbehaving with professors (which काग्रेसका विद्यार्थीनेता Gagan Thapa did with one one of our professors), padlocking college, no action on poor infrastructures, some burning tires, destroying properties and blocking traffics instead. These were "criminal acts" but remained unpunished! Those who can afford were forced to take "extra" tuition classes while studying at glorious TU!

#EnoughIsEnoughNepal #votethemout #highereducationnepal #nirnepaldiary

https://www.dorjegurung.com/blog/2022/10/screwed-up-education-system-in-nepal/

https://www.dorjegurung.com/blog/2022/10/screwed-up-education-system-in-nepal/

[niradhikari]

So what? A team made of an accused of child rape, fraud, witness tampering and harassment!

F*** current Cricket Association of Nepal and the #NepalNationalCricketTeam!

#AsianGames2023 #asiagames #WeCan #t20I #nepalworldrecord #nepalvmgl #notmyteam #NotInMyName Hey #ChaturBahadurChand #chaturchand #Chature #dharure

Cricket Association of Nepal-CAN #weCAN #AsianGames #AsianGames2023

[niradhikari]

#StandWithUkraine not just cheer. www.StandWithUkraine.how contains practical information for Ukrainians (both in Ukraine and refugees abroad) and tips for how citizens of other countries can help Ukraine with their donations and by raising public awareness and pressuring their governments. https://www.standwithukraine.how

[niradhikari]

Some read on Community Police Reform and a Justice Policing:  New Era of Public Safety: An Advocacy Toolkit for Fair, Safe, and Effective Community Policing: http://policing.civilrights.org/toolkit/wp-content/uploads/2019/03/Toolkit.pdf Building Momentum from the Ground Up: A Toolkit for Promoting Justice in Policing: https://populardemocracy.org/sites/default/files/Justice-In-Policing-Toolkit-sm.pdf  

Understand Bias: 

http://kirwaninstitute.osu.edu/research/understanding-implicit-bias/

Take a test about Bias: https://implicit.harvard.edu/implicit/selectatest.html

Learn about Racial Justice: https://eji.org/racial-justice/;  https://www.aclu.org/issues/racial-justice; 

#BlackLivesmatter

[niradhikari]

Section 1 of Executive Order: Suspension and Limitation on Entry.

The entry into the United States as a nonimmigrant of any national of the PRC seeking to enter the United States pursuant to an F or J visa:

to study or conduct research in the United States, except for a student seeking to pursue undergraduate study, and

who either receives funding from [an entity in the PRC] or who currently is

employed; or

studies at; or

conducts research at or on behalf of; or

has been employed by; or

studied at, or

conducted research at or on behalf of,

an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy”.

For the purposes of this proclamation, the term “military-civil fusion strategy” means actions by or at the behest of the PRC to acquire and divert foreign technologies (i.e. U.S. technologies), specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.

Sec. 2.  Scope of Suspension and Limitation on Entry. (a)  Section 1 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse of a United States citizen or lawful permanent resident;

(iii)  any alien who is a member of the United States Armed Forces and any alien who is a spouse or child of a member of the United States Armed Forces;

(iv)   any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements;

(v)    any alien who is studying or conducting research in a field involving information that would not contribute to the PRC’s military‑civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies (agencies);

(vi)   any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

(vii)  any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. Learn more https://www.adhikarilaw.com/news-and-alerts/legal-alert/trump-administration-suspends-the-entry-of-certain-students-and-researchers-from-china/

[niradhikari]

Frequently Asked Questions for SEVP Stakeholders about COVID-19: Updated

This document provides answers to frequently asked questions from Student and Exchange Visitor Program (SEVP) stakeholders about the impact of the Coronavirus Disease (COVID19) on SEVP-certified schools and F and M students. Note: SEVP continues to actively monitor COVID-19 and provide up-to-date information to stakeholders, including designated school officials (DSOs) and F and M students. Due to the fluid nature of this situation, the answers in this document may be subject to change. Refer to

ICE.gov/COVID19 for the most up-to-date version of this FAQ.

SOME SELECTED QUESTIONS AND ANSWERS:

Nonimmigrant Students

Maintaining student records

Many F and M students may choose to travel home and complete the spring term remotely. Since they are still enrolled, do DSOs have to cancel their Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” if they are taking classes outside of the United States? If their Student and Exchange Visitor Information System (SEVIS) records remain in Active status, will students be subject to the five-month rule?

Ans: Under current conditions, if an Active F student leaves the United States to complete the spring term online, their SEVIS record should remain in Active status and not be terminated. While the temporary measures related to COVID-19 are in place, students deemed to be maintaining status if they are making normal progress in their course of study. For that reason, the five-month temporary absence provision addressed in 8 C.F.R. 214.2(f)(4) will not apply for students who remain in Active status.

SEVP will allow F and M students to temporarily count online classes toward a full course of study in excess of the limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v), even if they have left the United States and are taking the online classes elsewhere. This temporary provision is only in effect due to COVID-19 and only for schools that comply with the requirement to notify SEVP of any procedural changes within 10 business days.

10. Schools have extended their academic year by a certain number of days due to  COVID-19. How should DSOs handle SEVIS records for these students and what should be done for students who already applied for optional practical training (OPT)?

Ans: Student academic calendars and SEVIS records should be consistent. Schools should keep an official record of its academic calendar adjustment to provide to the U.S. Department of Homeland Security (DHS) if a request is made and as documentation for any appropriate changes in a student’s SEVIS record.

Regarding OPT applications, DHS is evaluating related issues and may issue additional guidance. In the meantime, since U.S. Citizenship and Immigration Services (USCIS) adjudicates OPT employment authorization requests, SEVP recommends reaching out to USCIS for further guidance.

11. If students cannot or will not return to school when in-person instruction resumes, should their records be terminated for authorized early withdrawal?

Once a school returns to normal operations, if students cannot or choose not to return to the United States to study, DSOs should terminate the records. Refer to the Terminate Student article in the SEVIS Help Hub on Study in the States for additional information.

Employment

2. Can students engaged in OPT and the science, technology, engineering and mathematics (STEM) OPT extension work remotely when appropriate and permitted by the employer? If so, do they need to submit an updated Form I-983?

Ans: Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect. See 8 CFR 214.2(f)(10)(ii)(C)(9)(ii) for additional information.

3. Can students with proper authorization participate in curricular practical training (CPT) while they are abroad?

Ans: Students may engage in CPT during their time abroad, provided they are:

Enrolled in a program of study in which CPT is integral to the program of study;

Their DSO authorized CPT in advance of the CPT start date; and

Either the employer has an office outside the United States or the employer can assess student engagement and attainment of learning objectives electronically.

As noted in SEVP’s March 13, 2020, COVID-19: Guidance for SEVP Stakeholders, this enrollment may be online. All other requirements at 8 CFR 214.2(f)(10)(i) still apply.

4. Does time spent studying outside of the United States during the COVID-19 emergency count toward the one-year requirement for CPT and OPT?

Ans: An F student accrues eligibility for practical training whether they are inside or outside of the United States during the COVID-19 emergency if the student is in Active status in SEVIS and meets the requirements of their school’s procedural change plans submitted to SEVP.

6. Due to COVID-19, what is SEVP’s advice to students who want to apply for OPT? Is there any chance that students would be able to apply for post-completion OPT from outside the United States?

Ans: DHS is evaluating these issues and may issue additional guidance. In the meantime, since USCIS adjudicates OPT employment authorization requests, SEVP recommends reaching out to USCIS for further guidance.

7. Can students apply for OPT while outside of the United States by filing a Form I765, “Application for Employment Authorization,” from abroad?

Ans: SEVP understands stakeholder concerns about the need for guidance. As the COVID19 emergency continues, the program will continue to develop guidance on significant issues and publish it at ICE.gov/Coronavirus. SEVP is collaborating with interagency components on these issues, including USCIS, CBP and the Department of State.

The request presented in this question is primarily for consideration by USCIS, which adjudicates Forms I-765. SEVP is willing to cooperate in implementing such procedures so long as they are reviewed and approved as part of the DHS response to the COVID-19 crisis.

8. Must students cease engaging in OPT if they are now working fewer than 20 hours a week due to the economic impacts of COVID-19?

Ans: For the duration of the COVID-19 emergency, SEVP considers students who are working in their OPT opportunities fewer than 20 hours a week as engaged in OPT.

10. Will there be an extension or suspension of the 90-day/150-day allowed period of unemployment for OPT and STEM OPT during the COVID-19 emergency?

Ans: DHS is evaluating this issue but has not yet determined whether to implement a specific exemption for exceeding the regulatory limits for unemployment of 90 days for OPT and 150 days for STEM OPT.

11.Can F and M students who were previously employed and are now unemployed due to COVID-19 apply for unemployment benefits?

Ans: Students who are unemployed due to COVID-19 should contact their local or state employment agency for more information.

Please contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com if you like to learn more about this topic or has questions.

Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice.

[niradhikari]

U.S. Begins Implementation of E-2 Investor Visa for Israeli Nationals

Adhikari Law PLLC. The U.S. has started the implementation of the U.S. E-2 Investor Visa for Israeli nationals, beginning May 1. E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide specialized skills to an enterprise in which the owner has invested a substantial amount of capital. With the implementation of this visa, Israeli investors now have the opportunity to invest in the U.S. economy and send qualified employees to the United States. Likewise, U.S. citizens will be eligible to apply for visas to invest in Israel.

To qualify for a Treaty Investor (E-2) visa:

·         The investment must be substantial and sufficient to ensure the successful operation of the enterprise;

·         The business must be a real operating enterprise;

·         The investor must be traveling to the U.S. to develop and direct the enterprise;

·         If the applicant is not the investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

All Israeli companies seeking E-visas for their owners or employees must apply at the Branch Office in Tel Aviv and establish that the trading enterprise or investment meets the requirements. The company and applicant have the burden of demonstrating fulfillment of requirements for Treaty Trader/Investor status under Foreign Affairs Manual. For both first-time applicants and renewals, the company must submit supporting documents, including the individual application for the employee, by mail.

If USCIS authorized a Change of Status to E for a person in the United States, that status is only valid as long as you remain in the United States. To obtain an E-visa, the company and applicant must submit a complete package by mail as per first time applicants.

Selected Required Documents:

·         Cover Letter: This must be printed on company letterhead and outline the company’s qualifications for E-1 status. The letter must address all the requirements for E visa eligibility as defined by the Foreign Affairs Manual.

·         Table of Contents: Identify the documents provided and their location in the binder.

·         Completed Application: Form DS-156E Part I- Business Profile, and Part II -Staff.  Please complete every question and do not write “see attached” in response to any question.

·         Evidence that the company meets the ownership requirements:

o    For public companies: a translated copy of the Company Registrar from the Israeli Ministry of Justice, detailing the shareholders’ names and percentage of stock ownership, and a statement from a CPA stating the amount of stock that is traded on any stock exchange.

o    For privately owned companies: documentation of ownership.

o    For companies that are ultimately owned by other Israeli companies or by a consortium: documentation identifying the ultimate shareholders by nationality (Note: To the extent that a certain percentage of a company’s stock is traded on the TASE, the nationality of the shareholders of that stock may be assumed to be Israeli.)

o    For companies that have been incorporated in the U.S.: certificate/articles of incorporation, certificate of shares issued to shareholders, business license, and lease contracts. [In all cases, please submit a formal CPA letter indicating the nature of the company (branch, subsidiary, or partnership), its structure, the ownership distribution, and nationality of shareholders.]

·         Proof of Israeli nationality: The nationality of an enterprise is determined by the nationality of its individual owners.  Documents to prove nationality may include a valid passport of the owners of the ultimate parent company.

·         Evidence that at least 50% of international trade is between the U.S. and Israel: A formal statement from the company’s CPA showing international imports/exports over the last year. The statement must include:

o    Which countries the company imports from

o    Which countries the company export to

o    The volume of trade with each country

o    The volume of returned goods

o    The number of transactions with each country

·         Evidence of substantial and continuous flow in goods/services:

o    Invoices of purchases and sales for the last year

o    Bank records

o    Bills of shipment

o    Contract

·         Evidence of the company’s financial situation:

o    Most recent audited financial statement

o    Most recent quarterly annual report

o    Most recent U.S. tax return

·         The file MUST include an Employee’s visa application:

o    Completed DS-160

o    Evidence of payment of the MRV application fee (payable on the Visa Information Service website)

o    One photograph that meets the specifications

o    Form DS-156E

o    Employee’s Curriculum Vitae

o    Letter on company letterhead explaining the reasons why the employee must be in the U.S. and a description of his/her responsibilities

o    Photocopy of the bio page of the employee’s passport

·         Visa application for dependents: for each family member

The documentation requirement and the process for E-2 visa is complex and generally requires a professional help. If you or your employer want to learn more about E-2 Investor Visa program or work visa for manager or executives do contact us at (+1) 888 820 4430 (toll free), or (+1) 202 600 7742, or email us at info@adhikarilaw.com

----------

Note: This is a blog post by Adhikari Law PLLC LC and should NOT be construed as a legal advice.

[niradhikari]

Hello!

Niranjan (”Nir”) Adhikari is a New York attorney and business adviser who represents business entities as well as individuals on all aspects of  U.S. immigration and nationality laws. He handles  business immigration as well as family-based immigration, special immigration programs, citizenship, and the visa programs. He has served  multinational corporations, foreign corporations seeking business expansion  to the U.S., domestic corporations, individual investors, entrepreneurs, and U.S. citizens and permanent residents in sponsoring their family members. He has advised companies on immigration compliance, government audits, site visits and investigations for immigration compliance, and has handled large number of complex as well as general immigration law and compliance related matters for corporate clients. He advises foreign and multinational companies on the immigration law matters in global mobility, in M&A, and in bankruptcy.  Request for an Appointment with Nir at: https://appointment.one/nir/contact or here

Nir has advised Fortune 1000, NASDAQ, TSE, NSE and BSE listed public companies, consulting companies, technology companies, medical organizations, major research universities, domestic corporations, start-ups, non-profits, entrepreneurs, scientists, investors, artists, and individuals on variety of employment-based immigration and work visa matters. He has also provided legal guide on business formation and corporate governance for start-ups; foreign businesses and investors; matters of Trademarks and Copyright; Int’l Biz Transactions; Int’l Trade (including export-control) for small business; matters of JOBS Act; SEC filing, Trademarks and Copyright, and Intellectual Property Transactions. He advised large foreign and multinational companies on immigration law matters in global mobility, in M&A, and in bankruptcy.

Nir has served clients with the highest level of professionalism, diligence and zealous representation on their legal matters.

Mr. Adhikari has more than nine years of US legal experience which primarily involved U.S. immigration law, anti-trust (competition) law, M&A, int’l law, government contracts, and business transactions. For the last seven years he has advised companies and individuals on U.S. immigration law and immigration compliance, and handled large number of complex as well as general immigration law and compliance related matters for corporate as well as individual clients.

https://www.adhikarilaw.com/about/meet-our-professionals/niranjan-adhikari/

[niradhikari]

Notice to DHS Contractors and Subcontractors on Compliance with E-Verify

Washington DC, Jul 19, 2017.DHS article on FedBizOps summarizes E-Verify requirements. The Department of Homeland Security expects employers to abide by the immigration laws of the United States and to employ in the United States only individuals who are eligible to work. The Federal Acquisition Regulation (FAR) clause 52.222-54 Employment Eligibility Verification, requires federal contractors and subcontractors to use the Department of Homeland Security, United States Citizenship and Immigration Services’ employment eligibility verification program (E-Verify) as the means for verifying employment eligibility of certain employees working under covered federal contracts. For more details go to:

https://www.uscis.gov/e-verify/federal-contractors

.Background/Notes: The President’s Executive Order 13788 Buy American and Hire American, issued on April 18, 2017, directs the Secretary of Homeland Security to issue new guidance and take other steps to protect the interests of United States workers in the administration of our immigration system. Accordingly, the Department of Homeland Security is issuing this Special Notice reminding contractors and subcontractors subject to the FAR, and with contracts containing the clause 52.222-54, Employment Eligibility Verification, that they are required to enroll in and use E- Verify. This FAR clause has been effective since September 8, 2009 and implements electronic employment eligibility verification requirement to strengthen long-standing Executive branch policy to only contract with federal contractors and subcontractors who employ individuals in the United States who are authorized to work in the United States. The Department of Homeland Security will rigorously promote and validate enrollment in and use of E-Verify by contractors and subcontractors in the coming months.

Complying with the E-Verify FAR Requirement to Verify Employees:Employers must verify all new hires, whether the new hire is assigned to a covered contract or not, as well as existing employees assigned to a covered contract. Note that some employees are exempt from the employment verification process, including Form I-9, under the E-Verify federal contractor rule. See the guide For Federal Contractors at

https://www.uscis.gov/e-verify/federal-contractors

. Employers may also choose to verify their entire workforce (all new hires, all existing employees assigned to the contract and all existing non-exempt employees throughout the entire company). Covered federal contractors are required to create an E-Verify case to confirm the identity and employment eligibility of each new employee within 3 days of hiring a new employee and each existing employees assigned to the contract within 30 calendar days. Covered federal contractors who elect to verify their entire workforce must create an E-Verify case to confirm the identity and employment eligibility of all employees within 180 calendar days.

Who is Affected by the E-Verify Federal Contractor Rule?

Federal Contractors: Only contracts that include FAR Clause 52.222-54 are affected and federal contracting officials include the clause in all solicitations and contracts that exceed the simplified acquisition threshold of $150,000, except those that are –

(a) Only for work that will be performed outside the United States;

(b) Only for a period of performance of less than 120 days; or

(c) Only for-(1) Commercially available off-the-shelf (COTS) items;

(2) Items that would be COTS items, but for minor modifications;

(3) Items that would be COTS items if they were not bulk cargo; or

(4) Commercial services that are-(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

(ii) Performed by the COTS provider; and

(iii) Are normally provided for that COTS item.Contact your contracting officer for questions regarding contract compliance.

Federal Subcontractors: Federal contractors are required to include the E-Verify requirements of FAR Clause 52.222-54 from their prime contract in each subcontract that – (a) Is for construction or commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); (b) Has a value of more than $3,500; and (c) Includes work performed in the United States.

Contracting Office Address: 245 Murray Drive

Building 410

Mail Stop 3600

Washington, District of Columbia 20528

United StatesPrimary Point of Contact: :E-Verify Customer Support

E-Verify@dhs.gov

——————————————————————————————————-If you want to learn more about E-Verify program or need our legal services for the compliance with e-Verify and I-9 do contact us at (+1) 202 600 7742  (+1) 888 820 4430 (toll free), or email us at info@adhikarilaw.com

I-9 and I-9 Compliance

[niradhikari]

U.S. District Court for District of Columbia Dismisses Legal Challenge to 2016 STEM OPT Rule

The U.S. District Court for the District of Columbia dismissed a legal challenge to the 2016 STEM Optional Practical Training (OPT) rule, finding that although the plaintiffs had standing to challenge the rule, they failed to state a claim upon which relief could be granted as required by Federal Rule of Civil Procedure 12(b)(6). Because of this decision, there is currently no live legal challenge to the STEM OPT rule. There is no indication yet as to whether this decision will be appealed. (Wash. Alliance of Tech. Workers v. DHS, 4/20/17)

Earlier on May 13, 2016 the D.C. Circuit Court had dismissed the appeal of the Washington Alliance of Technology Workers (WashTech) and vacated the judgment of the U.S. District Court for the District of Columbia, holding that WashTech’s challenges to DHS’s 2008 STEM OPT interim final rule—including the argument that the 2008 rule reopened the 1992 rule—are moot, because the 2008 rule is no longer in effect. DHS’s new final rule that allows certain F-1 STEM students who have elected to pursue 12 months of optional practical training (OPT) in the United States to extend the OPT period by 24 months took effect on May 10, 2016.