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U.S. Master™ Wage-Hour Guide, 2007 Edition
Presents a first approach to the Fair Labor Standards Act (FLSA), summarizing
the basic legislation, demonstrating how the rules apply to particular
employment situations, and exploring practical aspects of employment arrangements
in light of the federal wage and hour law.
US Citizenship and Immigration Services (USCIS), the Department of Homeland Security's (DHS) service and benefits bureau, announced April 24, 2008, that it revised its Form I-765, Application for Employment Authorization. The form now includes additional eligibility codes. These changes have been made in accordance with the Department of Homeland Security's recent interim final rule regarding Optional Practical Training (OPT), published on April 8, 2008 in the Federal Register. The rule modifies the conditions and duration of OPT for qualified F-1 non-immigrant students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program. E-Verify, the voluntary Internet-based system operated by the Department of Homeland Security's US Citizenship and Immigration Services bureau in partnership with the Social Security Administration, allows participating employers to electronically verify the employment eligibility of their newly hired employees. DHS extended the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students.
Another aspect of the interim final rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation. H1-B visas are given to US companies seeking to hire nonimmigrant aliens in specialty occupations of distinguished merit and ability when such workers are in limited quantities in the United States.
USCIS will accept the July 30, 2007 edition of the Form I-765 through July 8, 2008. As of July 9, 2008, USCIS will only accept the revised Form I-765, dated April 4, 2008, and will reject all requests using previous editions of the form. The main purpose of Form I-765 is to allow certain aliens in the United States to request employment authorization and an Employment Authorization Document (EAD).
The Form I-765 can be found at the following website.
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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