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The Office of Special Counsel for Immigration – Related Unfair Employment Practices issues guidance on employment of F-1 student visa holders.

On April 30, 2014, the Office of Special Counsel for Immigration – Related Unfair Employment Practices (“OSC”) issued a technical assistance letter in response to an inquiry regarding employment of F-1 student visa holders. Specifically, the question was whether or not an employer could decline to consider a job applicant who was in F-1 student visa status with optional practical training (“OPT”). In the scenario presented, the student’s OPT status was set to expire three months after application for employment. Complicating the potential employer’s decision was the fact that the student did not possess the ability to extend employment eligibility beyond the remaining three month authorized period because his academic studies were not in a STEM field; the employer had not enrolled in E-Verify; and the student was not eligible for any other available work authorization status.

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