Trump Administration Rescinds Policy Barring Many Foreign Students

On July 6, 2020, the Student Exchange Visitor Program announced the modification of an exemption affecting many nonimmigrant alien students planning to attend the Fall 2020 semester.  According to this exemption, F-1 and M-1 nonimmigrant students would not be allowed to take a course load made up completely of online courses and remain in the United States.  Such students would be required to either leave the country or take other measures to lawfully remain present.  In the case of F-1 nonimmigrant students, they would be allowed to attend schools that had adopted a hybrid model of both in-person and online coursework.  The exemption allowed those F-1 nonimmigrant students to attend a maximum of one (1) class or three (3) credit hours of online coursework.

This unexpected policy change was met with widespread condemnation, as well as a barrage of lawsuits from colleges, universities, and state governments.  Colleges and universities argued that the measure was unlawful and would adversely affect their institutions.  Many schools are dependent upon revenue gained from foreign students, who often pay full tuition costs rather than receiving financial aid or scholarships.  In the face of such negative feedback and mounting pressure from colleges and universities, the Trump administration has temporarily abandoned this plan.  However, President Trump continues to pressure schools to reopen their doors for the Fall 2020 semester despite the ongoing COVID-19 pandemic.  While appearing to have abandoned this modification, Department of Homeland Security officials have stated that they intend to issue a regulation in the coming weeks that will affect the ability of foreign students attending online courses to remain in the United States.


Peri & Stewart is pleased to announce that partner, Michael A. Malia, Esq., LL.M., was included in the 2020 New Jersey Super Lawyers list. Mr. Malia was previously included in the New Jersey Super Lawyers list for 2018 and 2019 and in the New Jersey Super Lawyers Rising Stars list for 2012, 2013, 2014 and 2015.

The Super Lawyers selection process comprises hundreds of thousands of statewide or regional surveys supplemented by a comprehensive examination of each nominee’s background and experience, focusing on such criteria as verdicts and settlements, transactions, representative clients, honors and awards, educational background, and any other outstanding achievements. Only 5 percent of the total lawyers in the state are selected for inclusion in Super Lawyers.

Super Lawyers is published by Thomson Reuters.  Click to read a description of their selection process:   No aspect of this advertisement has been approved by the Supreme Court of New Jersey.


_IMG5443(Outgoing President, Aldo Russo, passes the gavel to incoming President, Michael A. Malia)

Peri & Stewart is pleased to announce that Partner, Michael A. Malia, was inducted on June 29th as the 54th President of the New Jersey Defense Association (N.J.D.A.) at the 53rd annual convention at the Ocean Edge Resort and Golf Club in Cape Cod, Massachusetts. Mr. Malia previously served as the N.J.D.A.’s President-Elect, Secretary-Treasurer, Director, and has chaired the ADR and Fraud Committees, the latter which he founded. His diverse litigation experience includes representing clients, from individuals to Fortune 100 companies, in fraud suits: insurance, healthcare, financial and consumer; anti-bullying and education law matters; personal injury cases; commercial litigation; insurance coverage disputes; and product liability suits.

New Jersey Family Leave and Disability Amendments

On February 19, 2019, Governor Phil Murphy signed an amendment into law that increases entitlements under the state’s paid temporary disability and family leave law. As of July 1, 2019, Family Leave Insurance and Temporary Disability Insurance payments have been increased to 85% of an employee’s pay, up to a maximum of $860 per week. In addition, continuous leave for the care of a newborn or to care for a sick family member will double from 6 to 12 weeks and intermittent leave will increase from 42 to 56 days. In addition, the definition of a family member has been expanded, including to “individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship.” The amendment applies generally to a business with 30 or more employees and there are penalties which may come into play for non-compliant employers.