USCIS: Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations

August 24, 2018 Joseph McKeown

US Citizenship & Immigration Services (USCIS) updated their Optional Practical Training Extension for STEM Students (STEM OPT) webpage to clarify the reporting responsibilities for those participating in the STEM OPT program. USCIS states:

Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days. As previously indicated on the webpage, students must report certain changes, such as changes to their employer’s name and address, to their DSO within 10 business days.

The reporting obligation is especially important since those failing to do so could possibly accrue unlawful presence, according to updated guidance by USCIS.

Noting that prompt reporting ensures that DHS is able to effectively oversee the program, DHS also clarifies that STEM OPT participants may engage in training that takes place at a location other than the employer’s principal place of business but only if all training obligations are met, including that the “employer has and maintains a bona fide employer-employee relationship with the student.” DHS notes that they will perform a case-by-case review confirming whether the student will be a “bona fide employee” of the employer that signs the training plan, and also confirm that the employer signing the training plan is the same entity employing the student and providing the practical training experience.

The London Mastaba

August 24, 2018 Protima Daryanani

The London Mastaba, the first major outdoor public work by the artist Christo in the UK, consists of 7,506 horizontally stacked, painted barrels on an anchored floating platform. The sculpture’s total weight is 600 metric tons, but it only takes up approximately 1% of the lake's total surface area. “It’s a dream come true,” Christo says in ArtNews about the piece. The London Mastaba, which took two years to produce, is entirely funded through the sale of Christo’s original art works. For those who can't make it to Hyde Park, The London Mastaba can also be experienced in virtual reality via the Acute Art app for free. Users of the app can look down on the sculpture from a bird’s eye view and see it at different times, including sunrise and sunset. For those who can make it in person, the sculpture is on view to September 23, 2018. Go see it while you can. It's magnificent.

NPR: “Deported Parents Describe Agonizing Wait To Be Reunited With Their Children”

August 21, 2018 Joseph McKeown

More than three weeks after the court-mandated deadline for all migrant children to be reunited with their families, over 500 children are still separated and in federal custody. More than 360 of these children have parents who have already been removed (deported, as it’s commonly called) from the US. Trump administration officials initially argued that the American Civil Liberties Union (ACLU) and other groups should be responsible for locating these parents; however, US District Judge Dana Sabraw from California ordered the government to take responsibility.

Saving Their Children

August 20, 2018 Joseph McKeown

Narcissus Garden in Rockaway

August 17, 2018 Joseph McKeown

MoMA PS1 presents Yayoi Kusama’s site-specific installation of Narcissus Garden as part of Rockaway!, a free public art festival in Fort Tilden in Rockaway, Queens. Consisting of 1,500 mirrored stainless steel spheres, Narcissus Garden is on display in a former train garage that dates back to when Fort Tilden was an active US military base. The mirrored metal surfaces reflect the viewers (do you see Joseph?) as well as the industrial and decaying surroundings of the abandoned building. First unofficially presented in 1966 at the 33rd Venice Biennale, Narcissus Garden was installed on the lawn in front of the Italian Pavilion where Kusama stood among the mirrored balls. She tossed the spheres in the air and offered to sell them to visitors for 1,200 lire (approximately $2) in an act of self-promotion as well as a critique of overly commercial contemporary art. This exhibition is free and open to the public Friday through Sunday, 12pm to 6pm, through Labor Day, September 3.

National Foundation for American Policy: “H-1B Denials and Requests for Evidence Increase Under the Trump Administration”

August 14, 2018 Joseph McKeown

H-1B denials and Requests for Evidence (RFEs) increased dramatically in the fourth quarter of fiscal year 2017 soon after President Trump took office, according to a report by the National Foundation for American Policy (NFAP) that used data from US Citizenship & Immigration Services (USCIS). The report by NFAP, a non-profit and non-partisan public policy research organization, includes data showing that H-1B petition denials increased by forty-one percent from the third quarter to the fourth quarter of the 2017 fiscal year. Additionally, RFEs issued in the first three quarters of the 2017 fiscal year came to 63,599 combined, almost equaling the total number of RFEs—63,184—issued in the fourth quarter of the 2017 fiscal year.

Great Courage

August 13, 2018 Joseph McKeown

Wind Sculpture (SG) I

August 10, 2018 Joseph McKeown

Wind Sculpture (SG) I, by the British-Nigerian artist Yinka Shonibare, attempts to capture the invisible (in this case, the wind) in a moment of time. The fiberglass sculpture depicts a piece of fabric caught in a gust of wind, part of his “second generation” (SG) of artworks that explore the theme of making known the invisible. Resembling a painted West African fabric, the artwork "evokes a sense of freedom and possibility, which for the artist represents the originality of the hybrid." Shonibare, who split his childhood between England and Nigeria, regards himself as "a cultural hybrid, a product of complex and layered relationships forged by centuries of global trade, migration, politics, and cultural exchange." Through his artwork he invites us to "look beyond appearances and assumptions about identity." The beautiful piece is on view at Doris C. Freedman Plaza (in the southeast corner of Central Park) through October 14, 2018.

GQ: “Immigration Judges Are Rebelling Against the White House’s Efforts to Turn Courts into Deportation Machines”

August 7, 2018 Joseph McKeown

After Attorney General Jeff Sessions removed an immigration judge from a case and reassigned the case to himself and then to another judge who consequently ordered the individual to be removed (i.e., deported), immigration judges and advocates have voiced their protest. The case involved Judge Steven Morley of Philadelphia who used “administrative closure” to suspend a case when a man named Reynaldo Castro-Tum failed to appear before him in immigration court. Administrative closure is used, for example, when the individual couldn’t make it to court for logistical reasons, including the summons being sent to the wrong address. Sessions responded by assigning the case to himself, issuing a decision that severely restricts the use of administrative closure, and instructed Morely to deport the individual if he didn’t show up again.

Fight for Our Place

August 6, 2018 Joseph McKeown