Adviser's Manual 360 News Feed

On December 18, 2024, USCIS published the final rule titled Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. The rule is effective 30 days later, on January 17, 2025. It includes revisions such as changing the F-1/H-1B cap-gap end date from October 1 (the first day of the fiscal year) to April 1 (six months later), clarifications to the definition of H-1B "specialty occupation," and other H-1B changes that incorporate into the regulations current USCIS policy like deference to prior USCIS H-1B determinations. The changes will require petitioners to use a new version of Form I-129 starting January 17, 2025 with no grace period for use of prior form editions. Read more on NAFSA's page on the new rule.

On December 13, 2024, the Biden Administration published its Fall 2024 Regulatory Agenda. Twice per year, in the Spring and Fall, all agencies must prepare a regulatory agenda that lists each regulatory action the agency expects to work on within the next 12 months. The agencies' regulatory agendas are then published in the Unified Agenda of Regulatory and Deregulatory Actions. Remember that as part of the executive branch of government, an agency's plans arising out of an outgoing administration are always reexamined by an incoming administration.

The Department of State (DOS) published a 2024 revision to the Exchange Visitor Skills List that determines whether some J-1 exchange visitors are subject to the INA 212(e) two-year home residence requirement if their skills are deemed necessary for the development of their country. It applies to exchange visitors who acquire J-1 status on or after December 9, 2024. DOS's new "data-driven" approach resulted in the removal of 37 countries that were previously included on the 2009 list, including countries like Brazil, China, India, and South Korea. When a country is removed from the skills list, exchange visitors who had been subject to INA 212(e) on that basis under a prior list are retroactively released from their 212(e) obligations, provided that they are not also subject on some basis other than the skills list.

On November 27, 2024 DHS published a second notice making Special Student Relief (SSR) benefits available to eligible Lebanese students who were in the United States in F-1 status as of November 27. "While DHS's prior notice remains effective for eligible F-1 nonimmigrant students, effective with this publication, suspension of the employment limitations is also available through May 27, 2026, for those who are in lawful F-1 nonimmigrant status on the date of publication of this notice."

On November 26, 2024, USCIS updated the USCIS Policy Manual section on F-1 Absences from the United States with a “technical correction” that removed a troublesome study abroad paragraph that had appeared in the August 27, 2024 revision to the Policy Manual, replacing it with: “For information about requirements for F-1 student participation in study abroad programs, see DHS’s Study in the States webpage.” Although there is no specific study abroad content on the Study in the States home page itself, NAFSA has gathered links to the key pages on that site that establish and support the long-standing understanding that a student who remains enrolled for a full course of study at their I-20 school during their study abroad program can remain in Active SEVIS status even if the program lasts more than five months.

On November 18, 2024, USCIS changed the filing location for Form I-129, Petition for a Nonimmigrant Worker, for TN Free Trade Petitions (TN-1, TN-2), and associated Forms I-907, Request for Premium Processing. Petitioners filing for TN extensions (EOS) and change of status (COS) to TN should now file their Forms I-129 and associated documents at a USCIS Lockbox instead of the Texas Service Center. See USCIS's Direct Filing Addresses for Form I-129 page for the specific addresses. USCIS will provide a 30-day grace period for forms mailed to the Texas Service Center. The Texas Service Center will reject any Form I-129 TN-1, TN-2 and associated Form I-907 postmarked on or after December 18, 2024.

Join NAFSA on November 14 at 12:00 p.m. (EST) for a special IE30 event with NAFSA Executive Director and CEO Fanta Aw to discuss the outcome of the U.S. elections and the potential impact on the international education community. IE30s are live virtual events NAFSA hosts on LinkedIn Live. This event is open to all. Register today to add it to your calendar.

The Department of Labor Office of Foreign Labor Certification (OFLC) reminded the public that "on December 1, 2024, the legacy Permanent Online System will no longer be accessible to account holders and the general public will be redirected to the FLAG System. Stakeholders who require documents from their Permanent Online System accounts are strongly encouraged to access and download those documents well in advance of December 1, 2024. Permanent Online System account holders who need to upload documents or request a specific case action on an application submitted in the Permanent Online System (e.g., request reconsideration, withdraw applications, etc.) should complete action in the system by November 30, 2024, at 7 PM EST."

The U.S. Department of State maintains a page on "U.S. Visa Guidance for Individuals Affected by Events in Lebanon" which covers both immigrant and nonimmigrant visa processing. The introductory paragraph states: "The United States continues to work to assist U.S. citizens in Lebanon. In order to facilitate family reunification, we have resumed full immigrant visa processing at Embassy Beirut for Lebanese family members of U.S. citizens. Routine nonimmigrant visa processing is not available in Beirut at this time, but individuals may apply for a nonimmigrant visa at any U.S. embassy or consulate."

In a Federal Register notice published on October 18, 2024, DHS makes Special Student Relief (SSR) available to certain Lebanese F-1 students who were in the United States as of July 26, 2024, "who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon." The SSR benefits, if granted, will be available through January 25, 2026.