The Student Exchange Visitor Program (SEVP) announced July 6, 2020 that the flexibility granted to nonimmigrant students in F-1 or M-1 status to continue their studies online due to the COVID-19 crisis will be modified for the fall 2020 semester. Federal regulations normally allow students to take one class or three credit hours online per full course load with limited exceptions. When schools had to close in the spring and/or summer terms to comply with state or local regulations, SEVP provided guidance in March on how to proceed with online or alternative learning procedures for ...
It is no secret that teacher shortages are proving to be a significant challenge for school districts across the country. The Learning Policy Institute estimates the country-wide shortage was at as many as 110,000 teachers by the end of the 2017-2018 school year. In its annual report on the number of teachers leaving the classroom in South Carolina, the South Carolina Center for Educator Recruitment Retention and Advancement (“CERRA”) confirmed more than 6,500 teachers left their positions during the 2018-2019 school year. While the number of teachers leaving the profession ...
While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and are increasingly turning to foreign nationals to fill open positions. Federal immigration laws now permit certain school districts to file H-1B petitions throughout the year which has drastically reduced some of the challenges of hiring and retaining qualified teachers.
School districts have long utilized the H-1B visa to employ foreign nationals because ...
USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, "Accrual of Unlawful Presence and F, J, and M Nonimmigrants," became effective on August 9, 2018, and could have a significant effect on nonimmigrants (and in certain cases, immigrants) who hold or have held F, J, or M visa status and who have violated that status since their most recent entry into the U.S. The policy may also impact nonimmigrants who exit the U.S. and who, whether knowingly or not, violated their F, J, or M status and attempt re-entry to ...
Hear from Jon Eggert on the special green card rules as it relates to Colleges & Universities. For questions, please contact Melissa Azallion or Jon Eggert of McNair's immigration team at (843) 785-2171.
In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American Immigration for Strong Employment (RAISE) Act has similarities to other points-based immigration systems, such as those in Canada, Australia, or the newly implemented system in China. The RAISE Act is "merit-based," focusing heavily on advanced-level, skills-based employment and education (with financial investments also a consideration), and a ...
With the increased focus on foreign language programs-particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction-schools districts are increasingly turning to foreign nationals in order to fill employment needs. There are other hard-to-fill positions in school districts where foreign national hires are more prevalent as well. While positions such as teachers normally qualify for H-1B visas, the uncertainty surrounding whether a petition will be selected in the annual 85,000 H-1B visa ...
One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to those with a U.S. Master's Degree. USCIS regularly receives more than triple the cap number in H-1B petitions each year, resulting in the implementation of a random lottery system to determine who receives a visa. Despite the odds, the H-1B continues to be the visa classification of choice for many employers due to the advantages it provides for foreign national ...