University is violating the due process rights of the students by outright denying the I-983.

May 1, 2018

More and more universities are rejecting the Form I-983. If you receive any such rejection you can ask your attorney to represent the student and argue the following points.

  • University is violating the due process rights of the students by outright denying the I-983.
  • University is discriminating a student who is working at a third-party work site through an IT staffing company from that of a student who is working at the location of the employer.
  • The update in USCIS website cannot be sited as a law by the University. Referring to an update USCIS website will not be a valid defense if a lawsuit is brought against the University. In addition, the federal regulations do not place any limitations against client site eligibilities for the STEM OPT program.
  • ICE and the Student and Exchange Visitor Program, and not USCIS has authority over policymaking and enforcement of STEM OPT program
  • The governing regulations of STEM OPT did not prevent training that take place at a third-party client site
  • The University should accept the Form I-983 and issue the I-20 to the student. It is to be decided by the USCIS during the Application for Employment Authorization that the student is eligible for STEM OPT extension or not. The Universities have no statutory authority to exercise the powers of the government agency, USCIS.

Related News

Supreme Court blocks Trump from ending DACA

The Supreme Court on Thursday blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals, an Obama-era program that protects hundreds of thousands of immigrants brought to the US as children from deportation.   The 5-4 ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, […]

White House prepares new immigration limits, using coronavirus as cover

The Trump administration is preparing to roll out another set of restrictions on legal immigration, citing the impact of the coronavirus pandemic, even as it argues for the reopening of the US economy, according to sources familiar with the deliberations. Despite a push from President Donald Trump to move past the pandemic, the administration is continuing to usher […]

New Executive Order banning the entry of certain non-immigrants delayed as the President’s Cabinet Members and Top advisors could not reach a consensus.

  The Trump administration is weighing a significant expansion of current visa restrictions for foreign workers, widening the scope to include the highly skilled workers relied on by industries ranging from tech to healthcare. Several of President Donald Trump’s cabinet members and top advisers met on Tuesday [06/16/2020]  afternoon to discuss a possible executive order […]