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January 2, 2024

USCIS updates Policy Manual for nonimmigrant student classifications

On 20 December 2023, U.S. Citizenship and Immigration Services (“USCIS”) updated sections of its Policy Manual relating to international students. The updated Policy Manual provides clarity to F-1 and M-1 nonimmigrant students, U.S. educational institutions, and employers on multiple issues. These include USCIS’ role in adjudicating applications for employment authorization, the ability to establish eligibility for F and M classifications when the nonimmigrant is a beneficiary of a PERM labor certification and/or immigrant visa petition, and employment opportunities with start-up businesses during periods of optional practical training (“OPT”).

A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.


Full text of Tax Alert