In a December 23, 2022 announcement, the Department of State (DOS) extended until December 31, 2023 the discretionary authority given to consular officers to waive the in-person interview requirement for certain "F, M, and Academic J Visa Holders" and "Petition-Based H, L, O, P, and Q Visa Holders."

NAFSA issued the following statement addressing the announcement by Afghanistan's Taliban-run higher education ministry to ban access to universities by female students: "NAFSA strongly condemns the Taliban's ban on Afghan women attending universities. Access to higher education is a fundamental right and an investment in peace and economic growth. Congress should act immediately by expanding dual intent to Afghan women seeking a student visa to study in the U.S. and by providing Afghan women already here the opportunity to quickly apply for legal permanent residency status. The Biden administration should also quickly announce and implement a program allowing U.S. colleges and universities to sponsor Afghan refugee students."

On December 19, 2022, U.S. Citizenship and Immigration Services (USCIS) posted a page titled Options for Nonimmigrant Workers Following Termination of Employment. The page focuses on employment-based nonimmigrant categories such as H-1B and O-1, and "contains information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily."

A reminder that starting January 3, 2023, USCIS will only accept the 10/31/22 edition of Form I-765, Application for Employment Authorization. You can find the edition date at the bottom of the page on the form and instructions, with dates listed in mm/dd/yy format.

On December 12, 2022, the Department of Homeland Security (DHS) will publish an interim final rule that will "remove obsolete information, correct typographical errors, update references and citations, and make minor clarifications to regulatory language" in the regulations governing F, M, and J nonimmigrants. The rule will go into effect on December 12.

In a November 15, 2022 email to J-1 exchange visitor program Responsible Officers (ROs) and Alternate Responsible Officers (AROs), the Department of State's BridgeUSA office reminded ROs and AROs "of appropriate academic training placements for J-1 college and university students" and summarized the Department's existing guidance on several aspects J-1 academic training scope and exchange program sponsor responsibilities.

The Office of Management and Budget (OMB) completed its review of a final USCIS fee rule on November 29, 2022, clearing the way for USCIS to publish the rule in the Federal Register. NAFSA tracks the status of the rule on its Rulemaking on USCIS Fees page.

On November 15, 2022, Washtech filed a petition requesting a review en banc (i.e., by all the court’s judges) of the court’s October 4, 2022 panel decision that upheld DHS’ authority for OPT.

"The Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in coordination with the Visa Office in the Bureau of Consular Affairs, appreciates the opportunity to discuss issues of concern to the American Immigration Lawyers Association (AILA). We believe these discussions, and publication of Department responses to issues raised by AILA on Travel.State.Gov, are valuable opportunities to provide insight and clarity concerning the Department’s current immigration policies and procedures. Following are Department responses to issues raised by AILA in anticipation of the meeting scheduled for November 3, 2022."

The Student and Exchange Visitor Program (SEVP) reminded schools and exchange program sponsors "that the annual verification period for Principal Designated School Officials (PDSO), Designated School Officials (DSO) and Responsible Officers (RO) and Alternate Responsible Officers (ARO) begins Dec. 2, 2022. All SEVP- certified schools and U.S. Department of State-designated sponsors must complete the PDSO/DSO and RO/ARO Annual Verification by March 2, 2023." To comply with this annual verification, which is required by the Federal Information Security Management Act (FISMA), PDSOs and ROs must annually verify that they and every DSO and ARO who has access to SEVIS: 1) Is still regularly employed by the organization and continues to be the designated PDSO, DSO, RO, or ARO; and 2) Requires continued access to SEVIS.