Agency Guidance and Regulatory Changes

U.S. Customs & Border Protection announced another extension of the restriction on non-essential travel across the U.S.-Mexico and U.S.-Canada borders, to October 21, 2021. The restriction originally went into effect on March 21, 2020 for a 30-day period, and has been extended on a monthly basis. The restriction does not apply to U.S. citizens, lawful permanent residents, and foreign nationals who are traveling to work in the U.S. or to attend an educational institution. Non-essential travel includes tourism. Since August 9, 2021, the Canadian government has permitted non-essential travel from the United States to Canada for fully vaccinated U.S. nationals and permanent residents who reside in the United States. Please refer to the U.S. Customs & Border Protection Agency website for more information. 

On July 6, 2021 the Department of Homeland Security officially withdrew the agency's proposed rule to eliminate duration of status (D/S) for F-1 students, J-1 Exchange Visitors and their dependents. DHS confirmed that it received more than 32,000 comments during the proposed rule public comment period. The official withdrawal notice is published in the Federal Register.

On April 26, 2021, the Student and Exchange Visitor Program (SEVP) updated its COVID-19 guidance by adding an updated section clarifying questions for the 2021-22 academic year. The updated guidance states that SEVP will extend the March 2020 guidance for the upcoming academic year. The guidance enables schools and international students to engage in remote learning in excess of the regulatory limits due to continuing COVID-19 public health concerns. According to the guidance, new or initial students coming to the U.S. cannot engage in a fully online course of study. Schools may issue Forms I-20 to students seeking to enroll in a program of study that includes in-person and online components beyond the regulatory limits. The guidance also states that once a school returns to "normal operations," if students cannot or will not return to the U.S. to study, their F-1 records should be terminated in the SEVIS system. OVIS will continue to provide updates as we receive additional information and clarification on the SEVP guidance and announcements on Dartmouth's operations for Fall term 2021. 

On May 13, 2021, the U.S. Department of State posted an update to its April 26, 2021 announcement on the eligibility for National Interest Exceptions to the 14-day travel restriction to the U.S. for travelers from India, China, Iran, Brazil, South Africa, the Schengen Area countries, the U.K. and Ireland. According to the announcement, students with F-1 visas intending to begin or continue an academic program on or after August 1, 2021 do not need to contact an embassy or consulate to obtain an NIE prior to travel. Students who require a new F-1 visa stamp in their passport should check the status of visa services at the U.S. embassy or consulate. Those applicants qualified for an F-1 visa will be automatically considered for an NIE to travel. 

The text of the Department of State announcements is ambiguous, and seems to say that the August 1, 2021 condition does not include the Schengen countries or the UK and Ireland.  There is also uncertainty as to whether the August 1, 2021 condition applies only to new students, or to both new and continuing students. The agency has been asked to provide clarification on these critical points. OVIS is monitoring the guidance and will provide updates when they become available.

Effective May 12, 2021 the U.S. Embassy in Russia suspended processing of nonimmigrant visas except for diplomatic travel. No date has been provided for resumption of visa services. 

On April 26, 2021 the U.S. Department of State announced the expansion of travel ban exemptions to COVID-19 – related Presidential Proclamations 9984, 9992 and 10143 so that students coming from China, Iran, Brazil and South Africa can now qualify for a National Interest Exception (NIE) in order to travel directly to the U.S. from those countries. The NIE has already been in place for students coming from the Schengen Area countries, the UK and Ireland. 

According to the announcement, students with a valid F-1 visa who intend to begin or continue an academic program commencing on or after August 1, 2021 do not need to contact an embassy or consulate to seek an individual NIE to travel. The announcement says that students may enter the United States no earlier than 30 days before the start of academic studies. The announcement instructs students seeking to apply for a new F-1 visa to check the status of visa services at the nearest embassy or consulate. Students who are found to be otherwise qualified for an F-1 visa will automatically be considered for an NIE to travel.

There is some ambiguity in the announcement, specifically around the August 1, 2021 condition and what that means for students planning travel to the U.S. for the start of the Fall term. Department of State has been asked to provide clarification on this point. OVIS will update this post as new information becomes available.

On March 11, 2021 the U.S. Department of State announced the expansion of consular officers' ability to waive the visa interview for applicants who are applying for a visa in the same nonimmigrant classification and whose visa stamp has expired within the previous 48 months.  Previously the policy only applied to applicants whose visa expired within 24 months.  Applicants should check with the consular post to determine whether they are eligible for the interview waiver. 

On February 26, 2021 USCIS emailed an announcement to stakeholders outlining the steps it will take to address the negative impacts of the recent delays in OPT receipt processing at USCIS Lockboxes. According to the announcement, USCIS will:

• Retain the filing date of a rejected filing if an applicant refiles the rejected application (must be received no later than May 31, 2021); and,
• Allow the 14-month period during which the 12 months of post-completion OPT must be completed to start following approval of the EAD instead of the F-1 program end date on the Form I-20.

The full text of the announcement can be found on the USCIS website.

On October 8, 2020 the Department of Homeland Security published a new Interim Final Rule in the Federal Register entitled "Strengthening the H-1B Nonimmigrant Visa Classification Program."  The rule, scheduled to go into effect on December 7, 2020, calls for a stricter definition of "specialty occupation" for purposes of meeting the H-1B criteria.  On the same day, the Department of Labor published a new Interim Final Rule entitled "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States."  This rule, effective immediately, changes the way prevailing wages are calculated, resulting in significant increases to prevailing wages that H-1B employers are required to pay.  This will impact new H-1B petitions and future H-1B extension petitions.  

DHS and DOL issued press releases announcing these new rules. At least three lawsuits, including one where the Presidents' Alliance on Higher Education and Immigration, of which Dartmouth is a member, is a named plaintiff, were filed in federal courts challenging the DOL rule. On December 1, 2020, the U.S. District Court for the Northern District of California in Chamber of Commerce, et al. v. DHS, et al., set aside the DHS and DOL rules. And on December 14, 2020, the U.S. District Court for the District of Columbia in Purdue University, et al. v. Scalia, et al. granted a summary judgment against the DOL, and ordered the agency to reissue prevailing wage determinations that were issued under the October 8 rule. 

It is possible that the government will appeal one or both of these decisions, or seek to re-introduce the rules in the future. OVIS will continue to monitor this situation and will provide updated information as it becomes available. 

On July 24, 2020, SEVP issued new guidance for Fall 2020 and updated its FAQs.  Details regarding the implications of the guidance for new and continuing students can be found on OVIS's Coronavirus FAQs page. 

(Updated July 07, 2020)

On July 6, 2020 the U.S. Department of Homeland Security's Student and Exchange Visitor Program (SEVP) issued new guidance on procedures that will apply to international students for Fall term 2020.  The government will be publishing a Temporary Final Rule and plans to issue FAQs in stages to supplement the new guidance.  The first set of FAQs was released on July 7, 2020.  There appear to be some discrepancies between the FAQs and the initial guidance that will require clarification.   OVIS is working to interpret and analyze the guidance and how it applies to the undergraduate and graduate degree programs at Dartmouth. 

OVIS is focused on providing timely and accurate information as soon as we can in order to help new and continuing students understand the implications of the guidance.  Please continue to monitor our website and Facebook page for new information.

On August 14, 2019 the Dept of Homeland Security published a final rule governing how the government interprets the public charge grounds of inadmissibility.  The public charge determination happens during the adjustment of status application process for permanent residence (green card) and when a foreign national seeks admission based on an immigrant visa.  The rule does not apply to asylees and refugees.  The new rule, set to go into effect October 15, 2019, changes the standard for determining public charge from an individual being primarily dependent on public benefits, to an individual who received a specified public benefit for more than 12 months in the aggregate within any 36-month period.  The rules lists specific public benefits, including but not limited to TANF, certain Section 8 Housing and Rental Assistance, SNAP, and certain Medicaid benefits.  USCIS has a webpage with FAQs on the new Public Charge rule.  As of August 16, 2019 thirteen states have filed a lawsuit challenging the Administration’s rule. OVIS will continue to monitor the rule and provide updates.

U.S. Department of Homeland Security and U.S. Department of Justice jointly issued an interim final rule, effective July 16, 2019, establishing a bar to asylum eligibility for individuals coming through a third country and then seeking entry to the U.S.  The rule requires individuals to apply for asylum in one of the countries they traveled on their way to the U.S., with limited exceptions.

The Press Release containing a link to the rule can be found on the U.S. Department of Homeland Security website.

On July 24, 2019, the U.S. District Court for the Northern District of California issued an Order granting a preliminary injunction that stops the government from continuing to implement the new asylum rule pending a final judgment or further order from the Court.