Ellis Porter - The Immigration Attorneys

10/07/2026

New Proposed OPT Fee-DHS has announced a proposed rule requiring schools to pay $70,000 for a student’s initial Optional Practical Training (OPT) and $30,000 for subsequent OPT before recommending the student for work authorization.

This is a proposal and not a requirement currently in effect.

Our position: We believe the proposal is clearly unlawful as described and highly vulnerable to legal challenge. It looks more like political theater than a carefully developed policy capable of surviving legal scrutiny.

The central issue is straightforward: Is this a legitimate administrative fee, or an unauthorized tax designed to price international graduates out of the workforce?

DHS’s announcement expressly identifies reducing foreign labor and protecting American jobs as objectives. It provides no cost-based explanation for the extraordinary amounts being proposed.

That distinction has already mattered in litigation over the $100,000 H-1B payment requirement. Federal courts have ruled against that policy on grounds including unauthorized taxation and administrative-law violations. Those rulings do not automatically decide the legality of an OPT fee, but they provide a significant roadmap for challenging it.

In our view, the OPT proposal may be even more vulnerable on the fee-versus-tax issue. Schools would bear an enormous charge even when they are not employing the students. The proposal targets students already studying in the United States, making the entry-restriction rationale advanced in the H-1B context even less persuasive. And the stated objective appears to be discouraging participation and not recovering administrative costs.

Notice-and-comment rulemaking cannot create authority Congress never granted.

The public comment period runs from October 8 through November 9. After that, DHS must review comments and determine whether to issue a final rule. The broader process could take several months, potentially 6–12 months or longer.

If DHS finalizes this proposal, we expect prompt lawsuits and immediate requests for temporary restraining orders or preliminary injunctions to prevent implementation.

We cannot know the administration’s internal intentions. But the announcement gives little indication that DHS has meaningfully addressed the legal vulnerabilities exposed by the H-1B litigation as well as the 75 country IVP ban pause.

For students and employers, the practical response is proactive planning and not relying on courts to preserve every existing pathway.

For eligible individuals, starting the employment-based green card process sooner can create a path toward work authorization that does not depend on OPT or selection in the H-1B lottery. Our team helps international professionals and employers evaluate green card eligibility, filing timelines, and work-authorization strategies. Contact us to build a plan based on your circumstances and how best to navigate these current times.

10/05/2026

The race for top talent is global. The strategy for keeping it must be intentional.

Our team is on the ground at hashtag , joining founders, entrepreneurs, investors, and venture capital leaders for an important conversation:

How can high-growth companies bring the world’s best people to the United States and create a strategy that allows them to stay and build here?

For startups, immigration is not simply a legal or HR issue. It can directly affect:
-Founder mobility and long-term stability
-Recruiting and retaining critical talent
-Fundraising and investor confidence
-U.S. market-entry and expansion plans
-A company’s ability to scale without unnecessary disruption

These issues are increasingly part of the broader business-building conversation at SF Tech Week, with sessions focused on U.S. market entry, founder immigration, global hiring, and talent retention.

Throughout the week, members of our team are contributing to conversations designed for founders, entrepreneurs, VCs, and the people responsible for building exceptional teams.

Our message is straightforward:

Do not wait until a founder’s status is expiring to start thinking strategically about immigration.

The strongest companies treat global talent planning as part of their growth strategy from the beginning.

If you are attending SF Tech Week and thinking about how to attract, bring, and retain exceptional international talent in the United States, send us a message. We would welcome the opportunity to connect.

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10/02/2026

At Ellis Porter, many people know us for our nationally recognized high-skilled immigration practice, helping employers recruit and retain exceptional talent and helping professionals pursue employment-based pathways in the United States.

But immigration is personal, too.

We are proud to offer support across nearly every area of immigration law, including a rapidly growing family-based immigration practice. Whether you are building a company, pursuing a career opportunity, or seeking to bring your family together, our team is here to help you understand your options and move forward with confidence.

Our family-based immigration services include:

I-130 family petitions: For U.S. citizens and green card holders who want to establish a qualifying family relationship and begin the process of helping a spouse, child, parent, or sibling immigrate to the United States.

Naturalization: The process through which eligible green card holders can apply to become U.S. citizens.

Every family’s circumstances are different. The right path can depend on immigration history, family relationships, location, timing, and many other factors. Our attorneys provide clear guidance, thoughtful strategy, and compassionate representation at every stage.

If you or someone you know is seeking to reunite a family, obtain permanent residence, or take the next step toward U.S. citizenship, Ellis Porter is ready to help.

09/30/2026

NIW Approval-No RFE

A computer science researcher came to us with a strong but still-developing profile: a completed U.S. master’s degree, an ongoing PhD program, meaningful research experience, and a clear commitment to advancing trustworthy and accessible artificial intelligence.

We are proud to share that this client’s National Interest Waiver petition was approved with no Request for Evidence.

At the time of filing, our client was still a PhD student in Computer Science at a U.S. university. They had not yet completed their PhD, but their record already showed substantial momentum and real-world impact.
They held a Master of Science in Computer Science from a U.S. university and were continuing their doctoral research in safer, more reliable, accountable, and accessible AI systems. Their work had already produced a growing publication record.

Their research had also received support through projects funded by major U.S. government agencies, including the Department of Defense, National Science Foundation, and IARPA.

The NIW petition focused on the client’s plan to develop research tools and methods that make AI systems more reliable, transparent, efficient, and accessible. As artificial intelligence becomes more widely used in high-stakes areas there is an increasing need for tools that can evaluate reliability, communicate uncertainty, reduce bias, and improve access for people with disabilities.

We presented the client’s case as more than a collection of degrees, publications, and citation numbers. The evidence showed that the client had already made meaningful contributions to the field and was well positioned to continue advancing work with broad national importance.

This approval is a useful reminder for researchers, graduate students, and PhD candidates: you do not always need to have completed a PhD or reached every traditional career milestone to have a strong NIW case.
What matters is the totality of the evidence: a clearly defined endeavor with substantial merit and national importance, a demonstrated record of progress and impact, credible recognition from others in the field, and a strong plan to continue contributing in the United States.

For this client, the combination of high-impact research, federal project support, a well-developed future plan, and ongoing doctoral work helped establish that their continued contributions to responsible AI would benefit the United States.

Their NIW was approved without USCIS issuing a Request for Evidence.
If you are a graduate student, PhD candidate, researcher, or STEM professional and would like to understand whether your background may support a National Interest Waiver petition, contact us to discuss your qualifications and long-term goals.

09/16/2026

Federal Court Blocks New DHS Rule Affecting F-1 and J-1 Nonimmigrants

On September 14, 2026, one day before the rule was scheduled to take effect the U.S. District Court for the District of Massachusetts issued an order blocking implementation of the Department of Homeland Security’s new rule affecting F-1 students, J-1 exchange visitors, and certain other nonimmigrants.

The DHS rule would have replaced the longstanding Duration of Status (D/S) framework with fixed periods of admission, generally limited F-1 and J-1 admissions to the program length or four years, whichever was shorter, and required many individuals to apply to USCIS for an extension of stay. It also would have imposed new restrictions affecting school transfers, changes in educational objectives, and additional programs of study.

The court postponed the rule’s effective date under Section 705 of the Administrative Procedure Act. As a result, the rule will not take effect on September 15, 2026, and the existing Duration of Status framework remains in place nationwide for now.

This is temporary relief, not a final decision permanently invalidating the rule. The litigation remains ongoing, and additional court action could change the current situation.

F-1 students, J-1 exchange visitors, universities, employers, and other affected parties should continue monitoring developments closely. Anyone with questions about how the court’s order or future developments may affect their immigration status, international travel, academic plans, or employment authorization should consult qualified immigration counsel.
We will continue providing updates as this litigation develops.

(This post is provided for general informational purposes and does not constitute legal advice.)

05/20/2026

High‑skilled immigration is critical to US industry. It is one of the strongest job‑creation tools we have.

Every week at our firm, we meet engineers, researchers, and founders whose work is driving new products, new companies, and new jobs in the U.S. economy. Many came here as students or on H‑1B, and are now building teams, mentoring junior talent, and paying significant federal and state taxes.
When we help someone secure an EB‑1A, NIW, or PERM‑based green card, we are not just “checking a box” on an immigration form. We are giving that person freedom to change jobs, start companies, and invest in their communities without being tied to a single employer or a lottery system. That long‑term stability is exactly what leads to more hiring and more innovation.

As the policy conversation shifts, it is critical not to lose sight of this basic reality: modern innovation ecosystems are built on high‑skilled, globally mobile talent. If the U.S. wants to stay competitive in AI, biotech, and deep tech, we need more smart, predictable pathways for these professionals—not fewer.

If you are an employer or founder trying to understand how immigration can support your talent strategy, our team is happy to walk through options like EB‑1A, NIW, and PERM that align with your growth plans. https://www.highskilledimmigration.com/free-profile-evaluation

05/19/2026

EB‑1B Approval Profile Highlight

Each day, our team highlights one of the many approvals we are privileged to secure for extraordinary individuals across a wide range of fields. Today, we are proud to spotlight an Outstanding Researcher (EB‑1B) approval in the industrial engineering, operations research, and data science space.

The client’s impact: Our client is an industrial engineering expert whose work sits at the intersection of operations research, supply chain optimization, and applied data science. They hold multiple advanced degrees in operations research and industrial engineering from a leading U.S. research university, as well as prior engineering training abroad. Over nearly two decades, they have advanced methods for optimizing complex manufacturing and supply chain systems, and in their current role as a senior data scientist with a global technology company, they develop AI‑driven optimization and forecasting solutions for major consumer and packaged‑goods businesses. Their research has already been implemented by well‑known industry leaders, directly improving real‑world supply chain performance and decision‑making.

Our strategy: Because EB‑1B requires proof of sustained international recognition and a qualifying offer of permanent research employment, the case had to do more than list publications and job titles. Our approach focused on clearly defining the client’s academic field—industrial engineering with a focus on operations research and supply chain analytics. We emphasized the practical national and global significance of their work in improving manufacturing efficiency, demand planning, and inventory optimization for major companies, and highlighted how a permanent, research‑focused data science role allows them to continue producing advanced work with broad commercial and societal impact.

Building the record: To document that the client satisfies at least two EB‑1B criteria, we assembled a detailed evidentiary record around their peer review work, original contributions, and scholarly authorship. We then documented their original scientific and scholarly contributions through publication in highly ranked journals, a strong citation record well into the triple digits, competitive research funding from a major U.S. university research center, and evidence that their methods have been implemented by recognizable commercial enterprises.

The result: Presented together, the evidence told a clear story of a researcher who has earned international recognition as outstanding in industrial engineering and who continues to push the frontier of operations research and data‑driven supply chain optimization. This case is a strong example of how a carefully structured EB‑1B filing can translate a long and technically sophisticated research career into a straightforward narrative that fits the regulations and makes the beneficiary’s outstanding stature easy to understand.

Curious about how you may qualify?

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