Federal Policy Updates

On December 2, 2025 USCIS issued a memo immediately suspending processing of pending immigration benefit requests for applicants who were born in and/or are citizens of one of the 19 countries listed in the June 2025 travel ban.  The memo also states that the agency will re-review approved immigration benefits for foreign nationals from those countries if they entered the U.S. on or after January 20, 2021.  We expect that applications filed by or on behalf of foreign nationals with a country of birth or citizenship of one of a designated country will be subject to delays, additional vetting, and possible requests for evidence (RFEs), as well as potential biometrics requirements.  OVIS will continue to monitor this latest action and will provide updates as they become available. 

According to a December 3, 2025 agency announcement, beginning December 15, 2025 the U.S. Department of State will expand its social media screening review to include H-1B visa applicants and their H-4 dependents.  The current policy, announced in June 2025, applies to all F, M and J visa applicants.  Applicants undergoing social media screening are instructed to adjust their privacy settings on all social media profiles to "public".  H-1B visa applicants and their dependent family members applying for H-4 visas should be prepared for this additional review and plan for lengthier visa processing times. 

On October 30, 2025 USCIS published an interim final rule entitled "Removal of the Automatic Extension of Employment Authorization Documents"  which eliminates the maximum 540-day automatic extension of employment authorization documents (EADs) for certain foreign nationals filing EAD renewal applications on or after October 30, 2025.

The interim rule does not affect the validity of EADs that were automatically extended before the October 30 effective date. 

The rule applies to certain categories including H-4 dependents, applicants for adjustment of status, and asylees and refugees, among others.  It is important to note that it does not apply to individuals in F-1 status who timely file STEM OPT (Optional Practical Training) extension applications.  F-1 students with STEM OPT applications pending at the time the initial period of OPT expires will continue to benefit from an automatic 180-day extension of employment authorization.  The USCIS website contains additional information regarding the rule and its application and scope. 

On October 20, 2025 USCIS posted guidance on its website regarding the scope and implementation of the Proclamation restricting the entry of certain H-1B beneficiaries.  According to the new guidance, H-1B petitions seeking a change of status for a beneficiary in the U.S., as well as H-1B petitions seeking an extension of status, a change of H-1B employer, or an amendment to an approved H-1B petition, will not be subject to the Proclamation.  The USCIS guidance also confirms that beneficiaries of approved petitions in these categories will not trigger the Proclamation by departing the U.S. 

The guidance does state that if USCIS approves the H-1B petition but denies the request for a change of status, amendment of extension, and only approves for consular notification, that the Proclamation will apply and the fee will be assessed.

The guidance confirms that H-1B petitions seeking consular notification of approval (rather than a change of status, extension, amendment or change of employer) will be subject to the Proclamation, even if the beneficiary is physically in the U.S. at the time the petition is filed. 

The guidance provides information for payment of the $100,000 fee, and confirms that if an H-1B petition is denied, the fee will be refunded. 

The guidance also outlines the criteria for national interest exceptions from the fee and says that the exceptions will only be granted in "extraordinarily rare" circumstances.

Litigation opposing the Proclamation is pending, including a lawsuit filed by the U.S. Chamber of Commerce on October 16, 2025 which challenges the legality of the new $100,000 fee, among other aspects of the Proclamation.

On October 3, 2025 the Justice Action Center and several organizations including labor unions, healthcare providers, schools and religious organizations filed a lawsuit in the Federal District Court for the Northern District of California challenging the September 19 proclamation.  The complaint alleges that the government exceeded its authority under Immigration and Nationality Act by imposing the $100,000 fee, and that the Department of Homeland Security and the Department of State violated the Administrative Procedure Act in issuing subsequent guidance memos on the proclamation. 

OVIS will closely monitor any developments arising from the litigation and any new government actions related to the proclamation.

Several important questions regarding the scope and implementation of the proclamation remain unanswered and could be impacted by the litigation, including: whether the proclamation applies to H-1B petitions seeking a change of status, a change of H-1B employer, or an amendment to an H-1B petition; whether the Dept of State will issue an H-1B visa stamp for an H-1B petition seeking a change of status, change of H-1B employer, or an amendment without the $100,000 fee; and whether cap-exempt H-1B employers are subject to the Proclamation?

The Proclamation provides for national interest exemptions for "any individual alien, all aliens working for a company, or all aliens working in an industry" in the discretion of the Secretary of Homeland Security, but the agency has not issued any guidance on the criteria or process for a national interest exemption.

On September 24, 2025 Department of Homeland Security (DHS) published a proposed rule in the Federal Register seeking to change the current H-1B lottery system's random selection process for cap-subject H-1B petitions in order to give priority to H-1B positions offering the highest levels of wages.  Under the proposed system, beneficiaries registered for the H-1B cap lottery would be entered based upon the Dept of Labor wage level offered by the H-1B employer.  Beneficiaries being offered a Dept of Labor Level 4 wage (the highest wage level) would be entered into the lottery four times, beneficiaries offered Level 3 wages would be entered three times, Level 2 beneficiaries two times, and Level 1 (entry-level) beneficiaries would be entered one time.  There is a 30-day public comment period, and legal challenges are anticipated. 

Dartmouth as an institution of higher education is exempt from the H-1B cap, so the proposed rule would not affect Dartmouth-sponsored H-1B petitions filed on behalf of eligible faculty and senior research and professional staff.  Under the current legal framework, institutions of higher education and affiliated organizations, such as affiliated medical centers, and certain non-profit research organizations, are exempt from the H-1B cap and lottery system.  OVIS will continue to monitor this latest government action and provide updates as they become available. 

Following the issuance of the September 19, 2025 Proclamation restricting the entry of H-1B workers, USCIS, U.S. Customs & Border Protection, and U.S. Dept of State have provided clarifications on the scope and implementation of the Proclamation.   According to this latest guidance, the restriction does not apply to the beneficiaries of H-1B petitions filed prior to the Proclamation effective date of September 21, 2025. The restriction also does not apply to beneficiaries of currently approved H-1B petitions, or to individuals currently holding a valid H-1B visa stamp.  The guidance says that current H-1B visa holders are able to travel internationally. 

There are still many unanswered questions.  OVIS is monitoring developments closely and will provide updates as they become available.

On September 19, 2025 the White House issued a Presidential Proclamation restricting the entry of H-1B nonimmigrants to the U.S. unless the H-1B employer pays a $100,000 fee per H-1B petition.  The Proclamation is set to go into effect on September 21, 2025.  The language of the Proclamation states that the restrictions apply to individuals who are outside the U.S. as of the effective date of the Proclamation, so it does not appear to impact individuals who are in the U.S.    The White House posted a Fact Sheet that makes it unclear whether the restrictions apply to individuals with an approved H-1B petition or visa, or whether they apply only to new petitions and/or new H-1B visa applications. Until we have formal clarification, we need to assume it applies to new and current H-1B beneficiaries who are outside the country.  We anticipate there will be legal challenges to this latest government action, which could impact its implementation. 

It is recommended that H-1B beneficiaries with international travel plans put those plans on hold until we have more clarity around the scope of the restrictions and any potential exceptions and can assess the risks of departure from the U.S.

OVIS is closely monitoring the situation and will provide updates as they become available.

On September 6, 2025 the U.S. Department of State announced that it will limit third country national (TCN) visa appointments, directing nonimmigrant visa applicants (F, J, H-1B, O-1) to apply for visas at U.S. consulates in their country of nationality or residence.  The announcement provides a list of designated consular posts for applicants from countries where there is no U.S. consular presence.  The agency will not cancel existing TCN appointments, but advised that TCN applicants may be subject to increased scrutiny and longer wait times. 

On August 28, 2025 the Department of Homeland Security published a proposed rule to end "duration of status" or "D/S" admissions for F and J nonimmigrants in the Federal Register.  There is a 30-day public comment period ending September 29, 2025.  The proposed rule would not be in effect until after the agency reviews the public comments submitted in response to the proposed rule, submits a final rule for review by the government's Office of Management and Budget, and then publishes the final rule in the Federal Register with an effective date.  If the rule goes into effect, students and exchange visitors with F-1 or J-1 status would be admitted to the U.S. for a specific period of time, and would be required to file an application for extension of stay with USCIS in order to remain beyond the admission period.  The provisions of the proposed rule also include reducing the F-1 grace period from 60 to 30 days, restricting the ability of students to transfer or change programs, and providing USCIS with discretion in adjudicating extension requests.  OVIS is carefully reviewing the proposed rule and will continue to provide updates. 

In July 2025 Congress passed the "One Big Beautiful Bill Act". The legislation imposed a new "visa integrity fee" for individuals applying for visas at U.S. Consulates.  According to the new law, the fee will be $250 with annual adjustments.  The fee applies to nonimmigrant visa applicants including F-1, J-1, H-1B and O-1 applicants and their dependent family members.  Applicants will still be required to pay the MRV (Machine Readable Visa) application fee and any applicable reciprocity fees based on the nonimmigrant classification and country of citizenship.  While a July 22, 2025 notice in the Federal Register provided details for the payment and collection of other immigration-related fees included in the legislation, the notice stated that the collection mechanism for the visa integrity fee would be published in a future Federal Register publication.  OVIS will continue to monitor this latest action and provide updates regarding the implementation of the fee collection process. 

On July 25, 2025 the U.S. Department of State announced that beginning September 2, 2025 eligibility for nonimmigrant interview waivers at U.S. consular posts abroad will be limited to certain B visa renewals and visa renewals for diplomats.  Applicants in the F-1, J-1, H-1B and O-1 categories will be required to appear in person for a visa interview.  Additionally, the age range for visa applicants, which is currently 14 to 79, will expand to applicants under 14 years of age and older than 79 years of age. 

The U.S. Department of State sets the validity period for visas, the number of entries (multiple v. single) and the fees for citizens of a country based on what that country does for U.S. citizens with a similar purpose of stay.  The information is published in the Visa Reciprocity Schedule on the Dept of State website.  

In early July, and without a formal announcement, the agency reduced the visa validity period to three months and single entry in the F-1, J-1, H-1B and O-1 categories for a number of countries.  Visas issued prior to the changes to the Visa Reciprocity Schedule should not be impacted, but citizens of affected countries will need to factor in these changes when planning for visa renewals and international travel.

A detailed analysis of the changes to the Visa Reciprocity Schedule can be found on the NAFSA (Association of International Educators) website.

According to a cable obtained by the media in late May, the federal government ordered U.S. embassies and consular posts to temporarily pause scheduling new visa appointments for F and J visas until the Department of State issued guidance on vetting social media of visa applicants.  On June 18, 2025 the Department of State announced that it has issued the guidance on social media vetting and that consular posts worldwide will resume scheduling visa appointments for F and J applicants "soon".  It is important to note that the State Department announcement states that applicants will be instructed to adjust privacy settings on all social media accounts to "public". 

Students should submit appointment requests as soon as you are able, and regularly check the specific consular post website for any updates.  We encourage students to communicate with OVIS regarding any delays or other issues they experience in scheduling appointments.

OVIS is closely monitoring this situation and will provide updates.  It is too early to know how this change in policy will impact visa appointment availability and visa processing times.  Current students and J-1 exchange visitors who are planning international travel and need to renew their visa should consider the risk that they may not be able to secure a visa appointment in time to return for scheduled Dartmouth activities.

On June 7, 2025 the Department of State posted information about the travel ban on its website, and confirmed that foreign nationals, even those outside the U.S., who hold valid visas as of the June 9, 2025 effective date are not subject to the Proclamation, and that no visas issued before June 9 have been or will be revoked.  This means that individuals who have a valid visa stamp in their passport that matches their immigration status in the U.S. may continue to use those visas for entry to the U.S.  It is important to note that any traveler can still be subjected to increased screening and vetting by U.S. Customs & Border Protection at a U.S. port-of-entry.  An important question that has not been addressed as of yet is whether a citizen of a designated country who has a valid visa now can apply for a new visa in the future if they depart the U.S.  OVIS will continue to monitor this latest federal action and provide updates as they become available.

On June 4, 2025 the White House issued a Proclamation entitled:  Restricting The Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threat.  The Proclamation calls for a "full" travel ban on 12 countries and a "partial" travel ban on 7 countries, effective 12:01 am eastern daylight time on June 9, 2025.  The White House issued a Fact Sheet along with the Proclamation.

There are 12 countries subject to a full ban suspending entry to the U.S. for both immigrants and nonimmigrants who are citizens of those countries.  The countries are: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

The Proclamation imposes a partial ban that suspends entry for citizens of 7 countries seeking to come to the U.S. on a B-1, B‑2, B-1/B-2, F, M, or J visa. The 7 countries are:  Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

The bans apply to citizens of the subject countries who are outside the U.S. without a valid visa as of June 9, 2025. Based on the language of the Proclamation, it appears that individuals from the designated countries who are inside the U.S. on June 9, 2025, or who are outside the country but have a visa that is valid as of June 9, 2025, should not be subject to the ban.  The Proclamation also states that visas issued before the effective date will not be revoked.  Individuals who are lawful permanent residents (green card holders) or dual citizens of a designated country using the passport of the non-designated country are exempt from the bans.   Asylees and refugees are also exempt.  As details develop on the meaning and interpretation of the Proclamation provisions OVIS will provide additional updates.  

On April 11, 2025 the DHS registration rule went into effect as part of the government's efforts to implement its executive order "Protecting the American People Against Invasion".  International students, scholars, faculty, staff and visitors who have entered the U.S. and were issued an electronic I-94 record of arrival upon entry are considered registered and do not need to take further action.  Dependent children entered the U.S. before the age of 14 and who turn 14 after entering the U.S. are required to re-register with USCIS within 30 days of their 14th birthday.  This requirement applies to dependent children holding F-2, J-2, H-4, TD and O-3 status, and to dependent children of lawful permanent residents.  Information about the registration requirement and procedure for registration can be found on the USCIS website.

On April 28, 2025 the White House issued an executive order that directs the Attorney General and U.S. Department of Homeland Security to publish a list of states and local "sanctuary" jurisdictions that "obstruct the enforcement of Federal immigration laws" and to pursue legal remedies and enforcement measures to ensure compliance.  The order calls for the AG and DHS to in coordination with the Office of Management and Budget to identify federal funds to sanctuary jurisdictions for suspension and termination.

Executive Order:  Strengthening and Unleashing America's Law Enforcement to Pursue Criminals and Protect Innocent Citizens

On April 28, 2025 the White House issued an executive order and accompanying Fact Sheet calling for additional resources for law enforcement, including legal resources for officials accused of wrongdoing, and to use enforcement measures against local officials who are believed to be "unlawfully prohibiting law enforcement from carrying out duties." 

On April 9, 2025 USCIS announced that it will immediately begin considering antisemitic activity on social media of applicants seeking U.S. immigration benefits as part of the implementation of the administration's executive orders on combating antisemitism and protection the U.S. from foreign terrorist and other national security and public safety threats.  USCIS adjudicators will review social media accounts of applicants and beneficiaries as part of their review of F-1 OPT and STEM OPT applications, H-1B and O-1 petitions, and applications for U.S. permanent residence, among others.  OVIS will continue to monitor this guidance and provide updates as they become available. 

On February 25, 2025 the Department of Homeland Security put information on its website titled "Alien Registration Requirement", referencing the January 20, 2025 executive order "Protecting the American People Against Invasion."  The page discusses the requirement for certain individuals to "register" under a longstanding requirement in the immigration laws.  It is important to note that most nonimmigrants (F-1, J-1, H-1B, O-1, TN, etc.) are registered with the U.S. government when they arrive in the U.S. and are issued an I-94 record of arrival.  Lawful permanent residents are also registered as evidenced by the green card.  Questions remain regarding the registration requirement for dependents who turn(ed) 14 while in the U.S., as well as individuals with DACA, TPS and other statuses.  The government has not outlined a process for registration as of yet.  OVIS is closely monitoring this initiative and will provide updates as we learn more.

On February 18, 2025 the U.S. Department of State updated its Interview Waiver policy.  It is important to note that the new policy says that applicants who previously held a visa in the same category that expired 12 months prior to the new application are eligible. This shortens the period of eligibility from 48 months under the prior policy that went into effect January 2024. 

On January 29, 2025 the White House issued an Executive Order titled "Additional Measures to Combat Anti-Semitism".  The order reaffirms an earlier order issued in 2019, and sets forth additional measures focused on university and college campuses.  The White House issued a Fact Sheet related to the Order on January 30, 2025.  OVIS is working with campus partners to review and assess this most recent action, and will provide updated information regarding any potential implications for our international community.

The new presidential administration issued a series of Executive Orders on January 20, 2025.  Many of the orders will require government agencies (USCIS, Dept of State, U.S. Customs & Border Protection, Immigration & Custom Enforcement, and others) to develop recommendations, policies or proposed rule changes before they can go into effect, and there may be court challenges as well.  A brief summary of and links to the immigration-related Executive Orders is below.  OVIS will closely monitor the implementation of these Executive Orders and their potential impacts on our international students, faculty, researchers and staff.

Also, on January 21, 2025, DHS issued a statement containing directives for ICE and CBP  enforcement actions, including rescinding the "sensitive locations" memo issued by ICE. 

Protecting the United States from Terrorists and other National Security and Public Safety Threats

This order calls for enhanced security screening and vetting of foreign nationals applying for U.S. visas at Consulates abroad, seeking entry to the U.S., and applying for U.S. immigration benefits.  It tasks agencies including the Dept of State, DHS and the Dept of Justice to submit a report within 60 days identifying countries for which entry restrictions are recommended. It also tasks agencies to evaluate within 30 days all immigration programs to ensure that they are not being used by hostile actors to threaten U.S. security.

Securing Our Borders

This order impacts humanitarian programs, specifically for Cuba, Haiti, Nicaragua and Venezuela

Protecting the American People Against Invasion

This order calls for review of humanitarian programs including TPS, deny federal funding to sanctuary jurisdictions, among other provisions.

Declaring a National Emergency at the Southern Border of the United States

This order directs the Depts of Defense and Homeland Security to submit a report about conditions at the border and recommendations of actions, in addition to those listed in the order, necessary to obtain "complete operational control" of the southern border.

Realigning the United States Refugee Admissions Program

This order suspends the U.S. Refugee Admissions Program and requires DHS to submit a report in 90 days recommending whether to resume the program.

Protecting the Meaning and Value of American Citizenship

This order would deny U.S. citizenship to children born after February 19, 2025 where the mother is in the U.S. lawfully in a temporary nonimmigrant status and the father is not a U.S. citizen or lawful permanent resident.  Several legal challenges have been filed in federal court, and a federal district court in Washington State has temporarily blocked the order.

Federal courts in Washington and Maryland have issued nationwide preliminary injunctions blocking implementation of the order while litigation is pending.

Initial Rescissions of Harmful Executive Orders and Actions

This order rescinds a number of Executive Orders issued by the Biden Administration, many of which had rescinded orders issued by the first Trump Administration that sought to revise civil immigration and enforcement policies and priorities. 

Rescission of travel restrictions from southern African countries
December 29, 2021

On December 28, 2021 the White House issued a Proclamation revoking the November 26, 2021 Proclamation restricting travel to the U.S. from eight countries in southern Africa.  The new Proclamation goes into effect at 12:01 a.m. EST on December 31, 2021.  Please see the State Department website for additional details.

White House Announces Changes to International Travel Policy
December 3, 2021

On December 2, 2021 the White House announced a number of new actions designed to address COVID-19.  The announcement outlined new protocols for international travel, including the requirement that all inbound international travelers obtain a COVID test within one day of departure, regardless of vaccination status or citizenship. The CDC has updated its guidance as well.  This is a change from the original international travel policy issued on October 25, 2021, which mandated a test within 3 days of departure.

NEW PRESIDENTIAL PROCLAMATION RESTRICTING TRAVEL FROM CERTAIN AFRICAN COUNTRIES, EFFECTIVE NOVEMBER 29, 2021
November 29, 2021

On November 26, 2021 the White House issued a Proclamation, effective November 29, 2021 that restricts travel to the U.S. for noncitizens who were physically present in the following countries within the 14-day period preceding travel to the U.S.:  Botswana; Eswatini; Lesotho; Malawi; Mozambique; Namibia; South Africa; and, Zimbabwe.  The restrictions are in response to the new COVID-19 Omicron variant present in those countries.  While the Proclamation does reference an exception for a noncitizen whose entry "would be in the national interest," neither the State Department or the Department of Homeland Security have confirmed the criteria for National Interest Exceptions (NIEs). 

In a November 28, 2021 U.S. Customs & Border Protection bulletin the agency confirmed that NIEs issued under previous Proclamations are void with respect to the November 26, 2021 Proclamation. OVIS will continue to provide updates as they become available. 

White House provides details for new international air travel policy and rescinds COVID-19 country-specific travel restrictions
October 27, 2021

On October 25, 2021 the White House issued a "Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic" and a corresponding Fact Sheet entitled "Biden Administration Releases Additional Detail for Implementing a Safer, More Stringent International Air Travel System."  Beginning November 8, 2021 international air travelers to the U.S. will be required to be fully vaccinated and to provide proof of a COVID-19 vaccination prior to boarding a plane, with limited exceptions. This new travel policy replaces the current COVID country-specific travel restrictions announced in a series of Presidential Proclamations issued in 2019, 2020 and 2021.

Acceptable vaccines include FDA approved or authorized and WHO emergency use listed EUL vaccines.   Travelers will also be required to show documentation of a negative viral test from a sample taken within three days of travel to the U.S.  Additional details regarding the new travel policy can also be found on the Department of State website and the agency's FAQs. 

WHITE HOUSE PLANS TO LIFT COVID-RELATED TRAVEL RESTRICTIONS IN NOVEMBER 2021
September 24, 2021

On July 26, 2021 the U.S. government stated that the COVID-related Proclamations restricting travel from certain countries around the world would remain in place.  On September 20, 2021, media outlets reported that the White House announced it plans to lift the geographic restrictions in November for travelers who establish they are fully vaccinated and show results of a negative COVID test taken within three days of departure.  

Under the current restrictions, F-1 students automatically qualify for a National Interest Exception (NIE ), and J-1 Academics must obtain an individual NIE approval.  All other nonimmigrants must qualify for an NIE under the government's narrow criteria.  Information about the State Department's NIE policy can be found on the agency website. 

Proclamation Restricting Travel from India and Exceptions for Students
May 3, 2021

On April 30, 2021 the White House issued a Proclamation restricting travel from India to the U.S. due to the COVID-19 crisis in that country.  The U.S. Department of State confirmed that the National Interest Exceptions being applied to other COVID-19 Proclamation countries will be applied to India.  This means that students seeking to travel to the U.S. to attend school for the Fall term will qualify for a National Interest Exceptions.  Students who require an F-1 visa stamp to enter the U.S. will still need to obtain the visa from a U.S. Consulate or Embassy.

Expiration of Proclamation banning visa issuance for H-1Bs
April 6, 2021

On March 31, 2021 Presidential Proclamation 10052, which temporarily suspended visa issuance to nonimmigrants seeking to enter the U.S. in H-1B and certain other nonimmigrant visa categories, expired.  Even with the expiration, the geographic COVID-19-related Presidential Proclamations suspending entry to the U.S. of foreign nationals who have been physically present in certain regions of the world in the 14-day period before traveling  remain in effect.  These bans apply to China, Iran, Brazil, the Schengen Area countries, the UK and Ireland, and South Africa. And many consular posts around the world are either closed, or operating at reduced capacity with limited services due to the pandemic.  Country-specific travel information can be found on the U.S. Department of State website.

Biden Administration Revokes April 2020 Proclamation Suspending Certain Immigrant Entries
April 23, 2021

On February 24, 2021 the Biden Administration revoked Proclamation 10014 which suspended the entry of certain immigrants to the U.S.

On April 22, 2020, the Trump administration issued a proclamation suspending the entry of certain immigrants. U.S. green card holders, spouses and children of U.S. citizens, and EB-5 immigrants among others were exempt from the order, which took effect on April 23, 2020.  The order did not affect applications for permanent residence (adjustment of status applications) filed in the U.S. Nonimmigrant visa holders including F-1 students, J-1 Exchange Visitors, H-1B, TN and O-1 workers were not impacted. 

The proclamation required that the Secretaries of Labor and Homeland Security, in consultation with the Secretary of State, review nonimmigrant visa programs and make recommendations for "other measures appropriate to stimulate the U.S. economy and ensure the prioritization, hiring and employment of U.S. workers."  

U.S. Citizenship Act of 2021
January 27, 2021

On January 21, 2021 the Biden Administration sent an immigration reform bill to Congress.  The text of the U.S. Citizenship Act of 2021 is not yet available, but the White House did issue a Fact Sheet summarizing the key points of the bill, including: an 8-year path to citizenship for certain undocumented immigrants; an increase in visas and green cards for international students and high-skilled workers; and a mandate to change all references to "alien" in our nation's immigration laws with "noncitizens." 

Presidential Proclamation Continuing 14-day Entry Restrictions
January 26, 2021

On January 25, 2021, the White House issued a Presidential Proclamation continuing the 14-day entry restrictions for travelers coming from the Schengen Area, the United Kingdom, Ireland, Brazil, China and Iran, and adds South Africa to the list of countries. The restriction for South Africa will go into effect on January 30, 2021.

Travel Ban
January 22, 2021

On January 20, 2021 the Biden Administration issued a Presidential Proclamation revoking the so-called Travel Bans 3.0 and 4.0, issued in September 2017 and February 2020 respectively. Travel Ban 4.0 placed immigration restrictions on citizens from Eritrea, Kyrgystan, Myanmar, Nigeria, Sudan, and Tanzania. Travel Ban 3.0 issued in September 2017 placed country-specific restrictions on citizens of Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia.

Presidential Proclamation suspending entry for certain nonimmigrant visa categories, including H-1B and certain J-1 Exchange Visitor categories
January 4, 2021

The June 22, 2020 Proclamation can now be found at this link. 

The Proclamation expired on March 31, 2021 and has not been renewed.

Presidential Proclamation Suspending Entry of Chinese Graduate Students and Researchers with Ties to China's "Military-Civil Fusion Strategy"
May 29, 2020

On May 29, 2020 the White House issued a Presidential Proclamation suspending the issuance of F and J visas to certain Chinese graduate students and researchers associated with entities in China that implement or support the government's "military-civil fusion strategy". The Proclamation gives the Department of State the discretion to identify those individuals who are ineligible for visas and entry to the U.S.  The State Department has not yet issued specific details on how the agency will implement the Proclamation.  OVIS will update our website as information becomes available.

The Proclamation seeks to suspend entry of individuals who currently receive funding from or who currently are employed by, study at, or conduct research at or on behalf of... an entity in the PRC that implements or supports the PRC's 'military-civil fusion strategy or who in the past have been employed by, studied at, or conducted research at or on behalf of... an entity in the PRC that implements or supports the PRC's 'military-civil fusion strategy.

Under the proclamation, the term "military-civil fusion strategy" means "actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC's military capabilities."

The proclamation does not apply to undergraduate students.

The proclamation also does not apply to:

• U.S. lawful permanent residents
• Spouses of U.S. citizens or lawful permanent residents
• Members of the United States Armed Forces and their spouse and children
• Individuals "whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements"
• Individuals "whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee"
• Individuals "whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."

The proclamation also gives the Department of State the discretion to revoke the visas of F and J nonimmigrants already in the U.S. who are identified as having associations with entities that support China's military-civil fusion strategy.

OVIS will continue to monitor this situation as it develops, and we will update our website with information as it becomes available.

Presidential Proclamation Suspending Travel from Brazil
May 28, 2020

On May 24, 2020 the White House issued a proclamation suspending entry into the United States of all aliens (immigrants, nonimmigrants, and other non-U.S. citizens) who were physically present within the country of Brazil during the 14-day period preceding their entry or attempted entry into the United States. A subsequent amendment to the proclamation changed the effective date from May 28, 2020 to May 26, 2020.

President announces he will issue Executive Order suspending U.S. immigration
April 22, 2020

On Monday, April 20, 2020 the President announced he would be issuing an Executive Order suspending immigration to the U.S. No details on the timing, scope and duration of the Order were provided. At a press conference on Tuesday, April 21 the President said the Order would halt the issuance of green cards for 60 days, but no specific details were provided.  Once the Executive Order is issued OVIS will be able to provide an update and information on the impact, if any, on Dartmouth international students, researchers, faculty and staff.

Presidential Proclamation on Health Insurance
November 11, 2019

On October 4, 2019 the Administration issued Presidential Proclamation 9945, Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System. The Proclamation, scheduled to take effect November 3, 2019,  requires that applicants for immigrant visas to the U.S. show to the satisfaction of a consular officer that they will be covered by sufficient health insurance within 30 days of entry, or that they have sufficient financial resources to pay for reasonably foreseeable medical costs.  On November 2, 2019 the U.S. District Court for the District of Oregon issued a temporary restraining order blocking implementation of the Proclamation for 28 days.  A hearing is scheduled for November 22, 2019 to determine whether a longer-term injunction will be issued.

Presidential Proclamation (Travel Ban #3)
September 24, 2017

Policy Updates

• June 26, 2018 – In a 5-4 decision, the U.S. Supreme Court upheld the current version of the travel ban, which restricts individuals from certain countries from entering the U.S. The affected countries are Libya, North Korea, Syria, Venezuela, Yemen, Iran and Somalia. The restrictions differ from country to country, and are in the background information on this webpage.
   
• December 4, 2017 – The U.S. Supreme Court stayed preliminary injunctions that had partially blocked the September 24, 2017 ban. This decision allows the government to enforce the travel ban, pursuant to the specific terms of the ban, on all of the eight countries listed: Chad; Iran; Libya; North Korea; Syria; Venezuela; Yemen; and Somalia. While Iraq is not subject to the ban, the September 24, 2017 Proclamation did say that nationals of Iraq seeking entry to the U.S. would "be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States."
   
• On April 10, 2018 the White House announced it was lifting the travel restrictions on Chad because the government of Chad had improved their identity management and information sharing practices.

Background on the September 24, 2017 Proclamation

On September 24, 2017, the White House issued a Presidential Proclamation titled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats" based on the provision of the March 6, 2017 banning travel into the U.S. of citizens from designated countries. The proclamation removes Sudan from the list of six countries with travel restrictions, and adds North Korea, Chad and Venezuela to the list of designated countries. The designated countries under the proclamation are Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen. The types of restrictions differ for each country. For example, the restrictions for Venezuela are limited to officials working for specified government agencies and their family members.

The White House issued a Fact Sheet on the proclamation.

Preliminary injunctions issued by U.S. District Courts in Hawaii and Maryland blocked enforcement of the bans on Chad, Iran, Libya, Syria, Yemen and Somalia. But on November 13, 2017 the Ninth Circuit Court of Appeals narrowed the scope of the Hawaii District Court's injunction, allowing the travel ban on citizens from Chad, Iran, Libya, Somalia, Syria and Yemen to go forward, with an exemption for individuals who have a credible claim of a "bona fide relationship" with a person or entity in the U.S. A bona fide relationship can include a family relationship (parent, child, sibling, grandparent, grandchild, brother or sister-in-law, aunt or uncle, niece or nephew, cousin), or a qualifying relationship with a U.S. entity that is formal, documented, and not created for the purpose of evading the Presidential Proclamation. Travel and entry restrictions on citizens of North Korea and certain diplomats of Venezuela remain in effect.

On November 17, 2017 the Department of State issued guidance on the September 24, 2017 Proclamation following the Ninth Circuit's ruling. According to the guidance, visa applicants from Chad, Iran, Libya, Somalia, Syria or Yemen who lack a credible claim of a bona fide relationship with a person or entity in the U.S. will be denied a visa, unless the individual is exempt or qualifies for a waiver under the Proclamation.

On December 4, 2017 the U.S. Supreme Court stayed the preliminary injunctions and allowed the provisions of the Proclamation to take effect pending resolution of the federal appeals court cases.

Executive Order
April 18, 2017

On April 18, 2017 the White House issued an Executive Order entitled "Buy American Hire American." According to an April 17 White House press briefing, the Hire American portion of the Executive Order refers to "the body of law and policy concerning how our immigration, visa and guest worker programs are operated to ensure proper protections for American workers."

While the Executive Order does not impose any immediate changes to current employment-based immigration programs, it does call for the Departments of Homeland Security, Labor, State and Justice to propose new rules and issue guidance on both temporary and permanent employment-based programs that would "protect the interests of United States workers."

The Order also asks the agencies to suggest reforms to the H-1B program "to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries." OVIS will continue to monitor the implementation of the Order and update this page.

Executive Order and the U.S. Supreme Court
March 6, 2017

On March 6, 2017 the White House issued a new Executive Order on immigration, "Protecting the Nation from Terrorist Entry into the United States." You can read the Executive Order and Fact Sheet here. On May 25, 2017 the Fourth Circuit Court of Appeals issued a decision upholding the Maryland District Court's preliminary injunction stopping enforcement of the March 6, 2017 Executive Order. On June 12, 2017 the Ninth Circuit Court of Appeals issued an opinion upholding the portion of the Hawaii District Court's injunction that blocked the 90-day ban on entry to the U.S. It did not block the section of the Executive Order that creates a framework for a future indefinite entry bar that could be applied to any country that is unwilling to provide the U.S. with the information it requires in order to issue a visa for admission.  On June 1, 2017 the federal government filed a petition asking the U.S. Supreme Court to accept its appeal of the Fourth Circuit's decision against the Executive Order.

On June 26, 2017 the U.S. Supreme Court heard the government's appeal of the lower court decisions blocking the administration's executive order.  In its opinion, the Court upheld portions of the lower court injunctions, but allowed the government to stop entry of foreign nationals "who lack any bona fide relationship" with U.S. persons or entities. On September 7, the Ninth Circuit Court of Appeals issued a ruling that certain family relatives be allowed to enter the U.S. while the travel ban is pending judicial review. Under the ruling, effective September 12, grandparents, grandchildren, aunts, uncles, nieces, nephews and cousins are exempt from the travel ban. The Ninth Circuit also ruled that refugees formally accepted by a refugee resettlement agency would also be exempt from the ban, but the Supreme Court blocked that part of the Ninth Circuit's ruling. The Supreme Court will hear oral arguments on the travel ban case on October 10, 2017.

The government will need to determine whether a foreign national has a bona fide relationship that will allow him or her entry to the U.S. On June 28, 2017 the State Department issued a cable instructing consular posts on the implementation of the order. The guidance contained a restricted definition of close family relationship, but on July 13, 2017 the U.S. District Court in Hawaii ruled that the definition was unjustifiably narrow, and expanded it to include grandparents, grandchildren, brothers and sisters-in-law, aunts, uncles, nieces, nephews and cousins.

Based on the language in the Order, students who have been admitted to a U.S. college or university should be eligible for a visa and admission, and individuals who have been offered an appointment or employment at a U.S. college or university should also be eligible for a visa and admission, but ultimately it will be up to the discretion of State Department consular officers at U.S. consulates or embassies abroad, and to U.S. Customs & Border Protection at the ports-of-entry as to whether a foreign national will be able to come to the U.S.

Frequently Asked Questions About the March 6, 2017 Executive Order

What does the March 6, 2017 Executive Order do?

The March 6 Executive Order rescinded the January 27, 2017 Executive Order. Among its provisions, the new Order:

• Imposes a new 90-day bar on admission of individuals from six countries, including Iran, Libya, Somalia, Sudan, Syria and Yemen;
• Removes Iraq from the list of designated countries;
• Exempts U.S. permanent residents, dual citizens with citizenship in a designated country and a third country, and individuals with a valid U.S. visa for entry to the U.S.;
• Imposes a 120-day suspension of the U.S. Refugee Admissions Program, but removes the indefinite ban on refugees from Syria;
• Calls for expedited completion of a biometric entry-exit tracking system

Who would have been impacted by the March 6, 2017 Order?

According to the Order and Fact Sheet, the new entry bar will NOT apply to the following individuals who are citizens or nationals of the six countries:

• U.S. lawful permanent residents in possession of a valid green card or temporary I-551 stamp
• Nonimmigrants (i.e. H-1B, F-1, J-1, etc.) who are in the United States in lawful status on March 16, 2017
• Holders of a valid nonimmigrant visa that is valid for reentry to the U.S.
• Dual citizens of one of the six countries and the United States
• Dual citizens of one of the six countries and another country not on the list of six who enter the United States on the passport from the non-designated country
• Individuals who are traveling on a diplomatic visa, NATO visa, C-2, G-1, G-2, G-3 and G-4 visas

Individuals from one of the six countries who do not fall within one of the above exceptions would be subject to the entry bar for a period of at least 90 days from the date of the Order.

Would dual citizens with citizenship in one of the six countries and another country (other than the U.S.) be exempt?

Yes, the March 6 Order states that individuals with dual citizenship in one of the six countries and another country (other than the U.S.) are exempt. Because this situation is fluid, and airlines and individual U.S. ports of entry may not be implementing the Order consistently, OVIS recommends that individuals with dual citizenship contact their OVIS advisor prior to making any international travel plans, including to Canada.

Could the list of countries be expanded under the March 6 Order?

The March 6 Order includes provisions that would allow the government to expand the list of designated countries. OVIS will continue to monitor this and provide any updates as they become available.

Executive Order
January 27, 2017

The March 6, 2017 Executive Order rescinded and replaced the January 27, 2017 Order.

Among its provisions, the Executive Order suspended entry to the United States "of immigrants and nonimmigrants" from seven countries for a period of 90 days from the date the Order was signed. The seven countries included Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Although the Order covered U.S. lawful permanent residents (green card holders), following significant public protest and a lawsuit by the ACLU, Department of Homeland Security Secretary John Kelly released a statement invoking an exception to the entry ban for U.S. lawful permanent residents on a case-by-case basis.

A January 29, 2017 DHS Fact Sheet includes the language of the statement.

Litigation Related to the January 27, 2017 Executive Order

A federal court judge in Seattle, Washington issued a temporary restraining order on continued implementation of the Executive Order nationwide. On Thursday, February 9, 2017 the Ninth Circuit Court of Appeals denied the government's request for an emergency stay on the District Court's temporary restraining order.

The TRO prevents the enforcement of certain sections of the January 27 Executive Order, including the provision that prevented individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the U.S., and the provision suspending the admission of refugees.

While the government had the option to seek review by the Circuit Court, or appeal the decision to the U.S. Supreme Court, it instead issued the March 6 Executive Order expressly rescinding the January 27 Order.

Frequently Asked Questions About the January 27, 2017 Executive Order

Are applications for U.S. immigration benefits impacted by the Executive Order?

On February 3, 2017 U.S. Citizenship and Immigration Services (USCIS) updated its website with a statement that the agency will continue to adjudicate applications for benefits regardless of country of origin. There has been no indication that USCIS will change this policy in light of the March 6 Order.

What should international students, scholars, faculty and staff from countries other than the list of six consider with regard to travel?

OVIS will continue to monitor what is happening and issue updated information as it becomes available. For now, based on the Fourth Circuit's decision, the March 5 Order will not be enforced.  If you are a citizen of one of the designated countries, please contact your OVIS advisor prior to any international travel.

If you are from a country OTHER than one of the six listed and you have international travel plans, please ensure your passport is valid for reentry, that you hold the appropriate, valid visa in your passport, and that you carry with you all required immigration documents (Form I-20 for F-1 students, DS-2019 form for J-1 Exchange Visitors, H-1B approval notice for H-1B employees, etc.).

If you are traveling outside the U.S., and also need to apply for a new visa prior to returning to the U.S., you may experience additional delays during the visa application process, including administrative processing delays that can take several weeks to be completed. Please be sure to check with the U.S. embassy where you will apply for the visa for required documentation and timelines. You can find estimated wait times for visa applications on the State Department website:

Do Customs & Border Patrol agents have the right to search electronic devices at the borders and airports?

The government claims broad discretion in this area. Information about Customs & Border Patrol's search authority can be found on the agency's website. The ACLU has some helpful information on its website about how to prepare for and handle these situations at the land borders and airports.

What are the other immigration-related Orders?

On January 25, 2017 the White House issued two Executive Orders on border security and interior enforcement that will significantly expand deportations and detention of undocumented immigrants. The White House, in a memo released on February 20, 2017, stated that recipients of DACA would be exempt from these provisions. There are a number of organizations with helpful information and resources on their websites about these Executive Orders and the memos released by the Department of Homeland Security on February 20, 2017.

What about DACA?

DACA recipients are not impacted by the March 6 Order. For more information on DACA and undocumented students, please refer to the OVIS resource page.

What legal resources are available?

• American Civil Liberties Union (ACLU) of New Hampshire
  Gilles Bissonnette, Legal Director
  (603) 224-5591 ext. 103
   
• ACLU of VT, Jay Diaz, Staff Attorney
  (802) 223-6304
  Email: jdiaz@acluvt.org

What is Dartmouth doing?

Dartmouth has formed an Immigration Working Group to monitor and analyze the impact of the Executive Orders and other immigration policy changes, and to share information with Dartmouth students, scholars, faculty and staff. Information about the Immigration Working Group can be found on the Office of the Provost website.

President Hanlon and Provost Dever sent a message to the Dartmouth community on March 8, 2017 regarding the March 6 Executive Order. Read the full message.

In response to the January 27 Order, on February 13, 2017 Dartmouth joined 16 other academic institutions as signatories to an amicus brief filed with the U.S. District Court for the Eastern District of New York in the case of Darweesh et al. v. Trump et al. The case challenges the January 27, 2017 Executive Order. Read the brief.

President Hanlon sent a message to the Dartmouth community on January 29, 2017 regarding the January 27 Executive Order, and stated Dartmouth's support for its repeal. Read the full message.

President Hanlon also joined other university presidents from across the nation in signing a letter to Donald Trump urging him to "rectify the damage" done by his executive order. Read more about this and the College's support for international students and scholars.

OVIS will continue to reach out to affected individuals to advise them regarding travel outside the U.S. OVIS is working closely with campus partners, including The Frank J. Guarini Institute for International Education, home of Dartmouth's Off-Campus Programs, to ensure that affected students, scholars, faculty and staff do not depart the U.S.

Executive Order Resources

• NAFSA: "Immigration Executive Actions Under the Trump Administration"
• National Immigration Law Center
• American Immigration Council

H-1B Modernization Act regulations take effect January 17, 2025
December 20, 2024

The U.S. Department of Homeland Security has finalized the remaining provisions of the H-1B Modernization Act first introduced in October 2023.  Certain provisions related to the H-1B cap were implemented in March 2024, and on December 18, 2024 the remaining provisions were published in the Federal Register.  Some key components of the new rule include:  a revision of the definition of H-1B specialty occupation to allow more flexibility in demonstrating the relationship between the offered position and the required degree;  codification of the USCIS policy of exercising deference to prior adjudications;  codification of USCIS policy on H-1B amendments for material changes including changes to employment location; and extending the F-1 OPT cap-gap period from October 1 to as late as April 1 of the next calendar year to give F-1 students continued work authorization while an H-1B petition for change of status is pending.  The rule also codifies the USCIS Fraud Detection and National Security (FDNS) site visitor program. 

U.S. Dept of State issues revised J-1 Exchange Visitor Skills List
December 9, 2024

On December 9, 2024 the U.S. Department of State issued a revised J-1 Exchange Visitor Skills List, effective upon publication in the Federal Register the same day.  The revised Skill List removes a significant number of countries from the prior version of the Skills List, which had been in effect since 2009.  The 2009 Skills List included 82 countries, and the 2024 Skills List includes 45 countries.  The 2024 Skills List applies retroactively so J-1 Exchange Visitors who were subject to the two-year foreign residence requirement based on the Skills List are no longer deemed subject.  This means they will now be eligible to file a change of status request in the U.S., obtain an H or L nonimmigrant visa, and/or apply for U.S. permanent residence.  It is important to note that if a J-1 Exchange Visitor is subject to the two-year requirement based on government funding or because of J-1 status as a foreign medical graduate they continue to be subject under the revised Skills List.  If a J-1 Exchange Visitor is uncertain as to whether they are subject, they can request an Advisory Opinion from the Department of State Waiver Review Division.

Dept of Homeland Security increases filing fees
February 8, 2024

The U.S. Department of Homeland Security (DHS) is increasing filing fees for certain applications.  The premium processing (expedite) fees will be increased effective February 6, 2024.  DHS published a separate rule on January 31, 2024, which increases filing fees for a number of petition and application types, including H-1B petitions, O-1 petitions, I-140 immigrant visa petitions and OPT work authorization applications.  The agency issued a set of FAQs about the new fee rule on their website.

SEVP Issues Guidance Ending COVID-19 Flexibilities
May 16, 2023

On May 11, 2023 the Student and Exchange Visitor Program (SEVP) issued a Broadcast Message announcing the termination of its COVID-19 guidance and issued an updated FAQ.  The FAQs make clear that students in F-1 status may not take classes online while outside the U.S. and maintain an active F-1 SEVIS record.  The FAQs also confirm that F-1 students with OPT and STEM OPT may continue to engage in remote work for their U.S. employer as long as they remain in compliance with the regulations, and that for STEM students the SEVIS record and Form I-983 must be updated with the remote work address. 

U.S. Dept of State announces digital signature and electronic transmission of Form DS-2019
May 15, 2023

Effective April 27, 2023 the U.S. Department of State is allowing the digital signing and electronic transmission of Form DS-2019.  The Form DS-7002 for the J-1 student intern category may also contain a digital signature.  The agency posted a set of FAQs on the Bridge USA website. 

U.S. Dept of State announces increases in consular processing fees
March 29, 2023

On March 28, 2023 the Department of State published a final rule in the Federal Register increasing consular processing fees for certain nonimmigrant visa applications.  Consular fees for F and J visa applications will increase from $160 to $185, and H-1B and O-1 applications will increase from $190 to $205.

U.S. Dept of State Allows for Digital Signatures and Electronic Transmission of Forms DS-2019
March 28, 2023

The U.S. Department of State has published a new rule that, effective April 27, 2023, will allow digital signing and the electronic transmission of Form DS-2019 for J-1 Exchange Visitors and their J-2 dependents.  The new rule will require that program sponsors sign paper forms in ink or sign using digital signature technology as defined in the rule.

USCIS Expands Premium Processing for Certain F-1 OPT and STEM OPT Applications
March 13, 2023

On March 6, 2023 USCIS announced the expansion of premium (expedited) processing for certain F-1 OPT and STEM OPT extension applications.  The premium processing fee is $1500, in addition to the standard application filing fee.  USCIS will adjudicate the application within 30 days of receipt.  USCIS will accept the online Form I-907 premium processing request in 2 phases:  1. Beginning March 6, 2023 for students with pending I-765 OPT and STEM OPT applications; and, 2. Beginning April 3, 2023 for students with new OPT and STEM OPT applications.  It is important to consider current USCIS processing times before deciding whether to request premium processing. 

USCIS Plans for Expansion of Premium Processing for OPT and STEM OPT Form I-1765 Applications in Spring 2023
January 25, 2023

USCIS announced that beginning in March 2023 the agency will expand premium processing to F-1 students applying for OPT and STEM OPT who have pending I-765 applications.  Beginning in April premium processing will be available for initial OPT and STEM OPT applications. 

The USCIS rule expanding premium processing stated that the premium processing fee would be $1500, in addition to the standard application filing fee, and that processing would be within 30 days of receipt.  Note that premium processing is optional. 

USCIS has not yet announced the dates when premium processing will become available.

USCIS extends automatic Employment Authorization Document (EAD) authorization period for certain EAD renewal applicants
May 9, 2022

On May 4, 2022 USCIS announced it will extend the automatic 180-day work authorization extension for EAD renewal applicants to 540 days for a temporary period.  The automatic extension time is counted from the expiration date of the EAD card.  This change is due to the lengthy processing times for EAD renewals, which caused many EAD renewal applicants to have to stop working while awaiting issuance of their new EADs.  The extension provision ends on October 26, 2023, so any renewal applications filed/received after that date will be subject to the standard 180-day automatic extension period.

U.S. immigration benefits for Ukrainian students
May 9, 2022

On April 19, 2022 Department of Homeland Security's Immigration & Customs Enforcement Agency (ICE) and Student and Exchange Visitor Program (SEVP) published a Special Student Relief (SSR) notice for Ukrainian students in the Federal Register.  SSR is an immigration benefit that allows eligible students to enroll in a reduced courseload, and to receive authorization for on or off-campus work authorization beyond the standard regulatory limits.   The publication includes the criteria for SSR eligibility.  Eligible students must apply for an be granted SSR before they can begin to take advantage of this temporary benefit. 

In addition to Ukraine, SSR benefits are currently in place for students from several other countries experiencing crises, including Burma/Myanmar, Haiti, Hong Kong, Somalia, Sudan, South Sudan, Syria, Venezuela and Yemen.  A helpful summary of SSR and links to the specific SSR programs for each country can be found on the NAFSA website.

Also included in the April 19, 2022 Federal Register publication was the USCIS announcement of Temporary Protected Status (TPS) designation for citizens of Ukraine.  The TPS designation allows eligible Ukrainian nationals who have continuously resided in the U.S. since April 11, 2022 and who have been physically present since April 19, 2022 to apply for TPS. The designation period is for 18 months, from April 19, 2022 to October 19, 2023.  TPS is a limited form of relief designed to help individuals whose countries are experiencing emergency situations such as natural disaster and war.  When a country is designated for TPS by the Department of Homeland Security, eligible citizens from that country can apply for the benefit to USCIS, which includes work authorization. 

There are currently 12 other countries with TPS designation, including Burma/Myanmar, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen. A helpful summary of TPS and links to the specific TPS programs for each country can be found on the NAFSA website.

Continuation of SEVP COVID-19 Guidance for Academic Year 2022-23
May 9, 2022

On April 18, 2022 the Student and Exchange Visitor Program (SEVP) updated it's COVID-19 guidance for the Academic Year 2022-23 by stating that the agency would extend the guidance originally issued in March 2020.  The guidance provides certain flexibilities in the regulations based on COVID-19 public health concerns, allowing international students in F-1 status to enroll in a hybrid course of study if that is what the school is offering due to COVID-19.  Outside of this temporary guidance, the standard F-1 regulations include the non-COVID rule that limits a student to a maximum of one online course to meet the full course of study requirement for maintenance of F-1 status.

While Dartmouth students engaged in hybrid courses of study under this guidance from March 2020 through Academic Year 2020-21, Dartmouth resumed in-person studies for Academic Year 2021-22, and plans to continue in-person studies in Academic Year 2022-23.

USCIS announces expansion of Premium Processing for certain immigration benefits applications
May 9, 2022

On March 29, 2022 USCIS announced it will expand premium processing (expedited processing) to additional benefits applications, and will be establishing internal cycle time goals to reduce existing backlogs in case processing.  Applicants filing Form I-539 for a change or extension of status, and Form I-765 for an EAD, as well as certain I-140 immigration visa petition applicants, will be able to pay an additional filing fee in order for the application to be adjudicated faster.  A Final Rule was published in the Federal Register, effective May 31, 2022, but no implementation dates have been confirmed.  USCIS plans to begin a phased implementation. OVIS will continue to provide updates as to when premium processing will be available for these applications.

CBP announces issuance of electronic I-94 records at land ports of entry
May 9, 2022

On March 18, 2022 U.S. Customs and Border Protection (CBP) announced in the Federal Register that it will no longer issue paper I-94 records of arrival at land ports of entry, and will issue only electronic I-94 records except in limited circumstances and "upon request if feasible."  CBP began automating I-94 records for travelers entering the U.S. by air and sea in 2016, but continued to issue paper I-94 records at land ports of entry. 

DHS Designates Afghanistan for Temporary Protected Status
March 17, 2022

On March 15, the Department of Homeland Security announced Temporary Protected Status (TPS) for Afghanistan for a period of 18 months.  The TPS designation will not go into effect until a notice is published in the Federal Register.  TPS will only apply to individuals who were already residing in the U.S. on March 15, 2022 and meet the other requirements for TPS.  The Federal Register notice will provide instructions for applying for TPS.  OVIS will update our website as new information becomes available.

U.S. State Department provides information on immigration options for citizens of Ukraine
March 14, 2022

The U.S. Department of State has updated its website with information on visa and other immigration options for citizens of Ukraine, including Humanitarian Parole and Refugee status. 

Additional external resources for affected students and scholars can be found on the NAFSA website and the Presidents' Alliance on Higher Education and Immigration website.

Consular Services for Russian citizens
March 8, 2022

Prior to the situation in Ukraine, the U.S. Department of State announced that consular posts in Kazakhstan, Serbia and Armenia would be designated visa processing posts for F and J visa applications of Russian applicants.  OVIS is not aware of any change in these designations resulting from the Russian attack on Ukraine. We will provide updates as they become available.

DHS designates Ukraine for Temporary Protected Status
March 7, 2022

On March 3, 2022 the Department of Homeland Security announced the designation of Ukraine for Temporary Protected Status (TPS) for a period of 18 months.  In order to be eligible for TPS, students must have continuously resided in the U.S. since March 1, 2022.  The announcement stated that the TPS designation will go into effect upon publication in the Federal Register, and instructions for applying for TPS will be in that notice.  OVIS will continue to provide updates as they become available.  Additional background on TPS can be found on the NAFSA website. 

Crisis in Ukraine and U.S. Govt Agency Actions
February 25, 2022

The situation in Ukraine is fluid and information is constantly changing.  The U.S. Department of State website has information related to consular and border closures impacting Ukraine and Russia.  Some countries, including Poland and Slovakia, are relaxing immigration requirements for entry by Ukrainian citizens.  There are travel advisories and alerts in place for any travel to the region.   The U.S. Dept of the Treasury has imposed sanctions against Russia, including actions against some of the country's largest financial institutions.  OVIS and our campus partners continue to monitor the escalating situation, and will provide updates as they become available.

DHS Vaccination Requirements for Non U.S. Travelers Entering U.S. by Land from Canada or Mexico
January 21, 2022

Beginning January 22, 2022, the Dept of Homeland Security announced it is requiring non-U.S. citizens and permanent residents entering the U.S. by land or ferry for all purposes, including "essential" travel such as work or school, to provide full proof of COVID vaccination status. 

Dept. of State extends waivers for in-person visa appointments at U.S. Consulates abroad through December 31, 2022
January 19, 2022

On December 23, 2021 the U.S. State Department announced that the agency, in consultation with the Department of Homeland Security, authorized consular posts abroad to waive in-person visa interviews, at their discretion, for applicants in certain visa categories, including F, J, H and O.  Applicants must be applying at consulates in their home countries or countries of residence, and who either were previously issued any type of visa and have not been refused a visa, or who are a citizen of a Visa Waiver country who has previously traveled to the U.S. on ESTA.  According to the State Department's Foreign Affairs Manual, the policy does not include citizens of China who are applying for F or J visas.  The policy is in effect until December 31, 2022.

New International Travel Policy for Travelers Coming by Land from Canada and Mexico
November 4, 2021

Beginning November 8, 2021, nonimmigrants who are full vaccinated against COVID will be able to cross the land borders with Canada for non-essential purposes (tourism).  Travelers coming to the U.S. for essential travel are not required to be vaccinated at this time, but beginning in January 2022 all foreign nationals crossing U.S. land ports-of-entry, for essential or non-essential purposes, will be required to be fully vaccinated and must provide proof of vaccination. Please refer to the U.S. Customs & Border Protection Agency website for more information. 

Travel restrictions with Canada and Mexico
September 22, 2021

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. 

Dept of State expands visa interview waivers for certain F-1 and J-1 applications
September 17, 2021

The U.S. Department of State announced that it is authorizing consular posts to expand the categories of F, M, and "academic J visa applicants" (students, professors, research scholars, short-term scholars, or specialists) whose applications can be adjudicated without an in-person interview, with certain exceptions.  According to the announcement on the State Department website:   "Consular officers may, if they so choose, and pursuant to local conditions, now waive the visa interview requirement for F, M, and academic J visa applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility."  The expansion is through the end of 2021. 

DHS formally withdraws proposed rule to eliminate D/S (duration of status)
July 7, 2021

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.

SEVP Guidance for Fall 2021
May 24, 2021

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. 

U.S. Department of State Announcements on National Interest Exceptions (NIEs) for China, Iran, Brazil South Africa and India
May 24, 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.

Suspension of U.S. Consular Services in Russia
May 24, 2021

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. 

Dept of State expands National Interest Exceptions for Students
April 30, 2021

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.

U.S. Department of State expands visa interview waiver eligibility
March 15, 2021

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. 

USCIS provides relief for OPT applicants impacted by OPT receipt delays
March 1, 2021

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.

New Rules Impacting H-1B Program
January 4, 2021

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. 

New SEVP Guidance Addresses Fall Term 2020
August 4, 2020

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. 

U.S. Dept of Homeland Security issues guidance on Fall term 2020
July 8, 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.

USCIS issues new Public Charge regulation
August 16, 2019

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.

Administration imposes ban on asylum seekers coming to the U.S. from third countries
July 22, 2019

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.  

Supreme Court Denies Certiorari in WashTech Litigation
October 5, 2023

Following the D.C. Court of Appeals decision upholding the STEM Optional Practical Training (OPT) regulations in October 2022, the Washington Alliance of Technology Workers (WashTech) filed a petition for certiorari with the U.S. Supreme Court in May 2023.  On October 2, 2023, the Supreme Court denied WashTech's petition, ending litigation that began in 2016.  This leaves in place the lower courts' decisions that the Department of Homeland Security has the legal authority to create and maintain its F-1 OPT program for F-1 students. 

U.S. Federal District Court Rules Biden Administration's DACA Regulation Invalid
October 5, 2023

On September 13, 2023 the U.S. District Court for the Southern District of Texas ruled that the Biden Administration's regulation seeking to preserve the DACA program violates the Administrative Procedure Act.  The regulation was published in August 2022 and was set to take effect October 31, 2022.  The Court's ruling allows the DACA program to continue for current DACA beneficiaries who can apply for renewal of DACA and DACA employment authorization, but prohibits the Immigration Service from adjudicating applications for new DACA benefits.  The statement issued by the Department of Homeland Security can be found here.

U.S. Court of Appeals Affirms Validity of OPT/STEM OPT in WashTech Litigation
October 10, 2022

On October 4, 2022 the U.S. Court of Appeals for the District of Columbia Circuit denied WashTech's motion for summary judgement, deciding that DHS has the authority to authorize OPT and STEM OPT employment for F-1 students.  The WashTech litigation began in the U.S. District Court for the District of Columbia in June 2016 as a challenge to the OPT and STEM OPT rules and has been ongoing.  Dartmouth previously joined other colleges and universities in signing onto amicus briefs filed with the courts in support of OPT and STEM OPT employment. 

U.S. District Court Vacates DHS Rule Seeking Wage-Based Selection Process for Cap-Subject H-1B Petitions
September 17, 2021

On September 15, 2021 the U.S. District Court for the Northern District of California found that the Dept of Homeland Security rule entitled "Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petition" should be set aside because the Acting DHS Secretary at the time the rule was enacted had not been lawfully appointed.  The rule sought to prioritize selection of H-1B registrations based on wages and other factors. 

Federal Court Ends WashTech OPT Litigation
February 1, 2021

On January 28, 2021, the U.S. District Court for the District of Columbia granted summary judgment to the defendants and intervenors in the Washington Alliance of Technology Workers (Washtech) v. U.S. Department of Homeland Security litigation, ending the plaintiff's challenge to the F-1 Optional Practical Training (OPT) and STEM OPT programs. The decision confirms that the Department of Homeland Security (DHS) did not exceed its authority in issuing the 2016 OPT program rule. The WashTech litigation began in 2016, with the plaintiffs arguing that DHS did not have the authority to promulgate either the 12-month OPT program or the 24-month STEM extension of OPT. Following the Court's most recent decision, WashTech filed an appeal with the D.C. Court of Appeals.

Supreme Court Allows Public Charge Rule to be Enforced
August 4, 2020

In November 2019 the U.S. District Courts for the Southern District of New York, Northern District of California, Eastern District of Washington, the Northern District of Illinois and the District of Maryland issued orders stopping Department of Homeland Security from implementing and enforcing the final rule on Public Charge.  Most of the injunctions were nationwide and prevented USCIS from implementing the rule anywhere in the U.S.  

On January 27, 2020, the U.S. Supreme Court granted the federal government's request for a stay of the nationwide injunction against the Department of Homeland Security's Public Charge rule, allowing the rule to go into effect nationwide except in the State of Illinois, where a statewide injunction of the rule is still in effect.  This means that the agency can implement the rule while litigation challenging the rule continues. 

On July 29, 2020 the U.S. District Court for the Southern District of New York issued two separate orders enjoining the Department of Homeland Security and the Department of State from enforcing the public charge rule during the COVID-19 crisis. 

Status of DHS Unlawful Presence Memo
August 4, 2020

In August 2018 USCIS issued a Memorandum implementing a major change to how the agency determines whether an F or J visa holder has "overstayed" their period of authorized stay in the U.S.

The change in policy took effect on August 9, 2018. NAFSA, the Association for International Educators, has a helpful summary of the changes.

Dartmouth joined more than 60 U.S. colleges and universities in signing onto an amicus brief filed in support of a legal challenge to the unlawful presence policy.  The brief was filed in the U.S. District Court for the Middle District of North Carolina on December 21, 2018, in support of a lawsuit filed by Guilford College and four other plaintiffs against Secretary of Homeland Security Kirstjen Nielsen.   The amicus brief argued that the new unlawful presence policy harms international students and scholars holding F, J and M status, and the institutions which host them.

On May 3, 2019 the U.S. District Court issued a nationwide injunction temporarily blocking the Department of Homeland Security from enforcing the unlawful presence policy.  The Court injunction will continue until the litigation is resolved. OVIS will continue to monitor the case as it develops and will update our website. 

On February 6, 2020 the U.S. District Court issued a permanent injunction invalidating the 2018 Unlawful Presence memo. The injunction was implemented nationwide.

In April 2020 Department of Homeland Security appealed the District Court's decision to the Fourth Circuit Court of Appeals, but on July 31, 2020 the agency filed a motion to dismiss its own appeal.  On August 3, 2020 the Fourth Circuit dismissed the appeal, ending the litigation on the Unlawful Presence policy change. It is still possible that the federal government will seek to adopt this change through the rulemaking process and introduce it as a new regulation rather than a change in policy.  OVIS will provide updates as new information becomes available.

Government rescinds July 6 SEVP guidance and July 7 FAQs
July 15, 2020

At the July 14, 2020 federal court hearing in the lawsuit filed by Harvard and MIT, the federal government agreed to rescind its July 6 policy directive and the accompanying FAQs released on July 7.  The government plans to revert to the guidance issued in March 2020.   Dartmouth's press release can be found here.

Dartmouth Joins Amicus Brief Supporting Legal Challenge to Recent ICE/SEVP Guidance
July 12, 2020

On July 12, 2020, Dartmouth joined with 58 other institutions of higher education to file an amicus brief with the U.S. District Court for the District of Massachusetts supporting Harvard and MIT's legal challenge to the implementation of the July 6 ICE/SEVP guidance. 

The amicus brief is attached here.