Ep. 57 Update on the OPT STEM Extension Decision: Federal Court Says Immigration Rule Allowing 17-month STEM Extension is Deficient

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

Raw Transcript:

Introduction: You ask, we answer your immigration questions. Simple. Now your host immigration lawyer, Jacob Sapochnick.

Jacob: Hello everybody, this is Jacob here your host of Ask an Immigration Lawyer. You ask, we answer. There’s been a lot of changes, propose changes, a lot of interesting things happening in immigration law in the past week or so. Many of you heard about the breaking news from last week on the OPT STEM Extension news that had happened and I wanted to kind of talk about that. Read more

Ep. 56 What is The 2-Year Rule on a J-1 Visa?

  • J-1 visa holders are required to go to their home country for 2 years after the program.
  • You have to either comply or get a waiver, if not, the requirement will stay with you forever.
  • It also applies even if one marries a US citizen.

Raw Transcript:

Jacob: You ask, we answer, simple. Ask an Immigration Lawyer Podcast. This is your host, Jacob Sapochnick. Today, I want to answer the J-1 2-year residency requirement question. People ask me, what is this 2-year rule on a J-1 visa? Read more

Ep. 55 Are You Eligible for Green Card Through EB-5 Immigration Process?

  • It is issued to those who have the ability, and resources, to invest a minimum of $1 million.
  • It doesn’t matter where you get the money from, as long as you have proof of where it came from.
  • It can go to as low as $500,000 through specific requirements. It can also be more than a million.
  • The money must be invested in a commercial enterprise. Starting a new one or buying an existing one.

Raw Transcript:

Jacob: Hello everybody. You ask, we answer, simple. Welcome to the Ask an Immigration Lawyer Podcast. This is your host, Jacob Sapochnick.

Today, I’ll answer a question that’s been coming to us from emails and our Twitter account. This is about the EB-5 green card eligibility program. Are you eligible for green card through the EB-5 immigration process? How do you know if you’re eligible. Read more

Ep. 54 Interview with Katie Aragon, Silicon Valley Chapter Director of FWD.us

Raw Transcript:

Jacob: Hello everybody. Welcome to Ask an Immigration Law Podcast. This is the show where we talk about immigration law issues and everything that connects with our immigration law system.

Today we have actually a different format where I have a very cool and interesting guest on the show. We’ll talk about immigration policy and we’ll also feature the organization that she’s with and I’m very, very excited to have Katie Aragon today from FWD.us. Hi Katie, how are you? Read more