Adviser's Manual 360 News Feed

Effective October 1, 2023, USCIS changed the addresses for filing Form I-129 for O-1 petitions to the Texas Service Center. Previously, O-1 petitions were filed at either the Vermont or California Service Centers, depending on the petitioner’s principal place of business. There will be a 60-day grace period when USCIS will continue to accept O-1 filings at the prior locations. USCIS notes that "Form I-129 petitions seeking O classification filed at the California or Vermont Service center and postmarked on or after Dec. 1, 2023, will be rejected as improperly filed."

On October 2, 2023, the U.S. Supreme Court (SCOTUS) announced the denial of the certiorari petition filed by the Washington Alliance of Technical Workers (WashTech). This leaves in place the lower court decisions that support the Department of Homeland Security's authority to create and maintain its F-1 Optional Practical Training programs.

On September 18, 2023, the Office of the CIS Ombudsman posted a revised tip sheet titled How F-1 Students Seeking Optional Practical Training (OPT) Can Avoid Form I-765 Delays. The revision corrects an error on OPT filing deadlines in the prior tip sheet that NAFSA brought to the office's attention.

As Congress and the White House continue to work towards approving a 2024 federal budget, remember that immigration-related agencies like DHS, DOS, and DOL are affected in different ways by a budget shutdown. Refresh you understanding and link to official agency shutdown plans on NAFSA's page.

On September 18, 2023, SEVP confirmed in new policy guidance that the Form I-983 Training Plan used for STEM OPT benefits may be signed and transmitted electronically.

"On Sept. 25, 2023, the Student and Exchange Visitor Program (SEVP) will sunset the SEVP External Training Application (SETA) as the program works to redesign and relaunch the training. Prior to Sept. 25, 2023, SETA users should download their SETA transcripts if they wish. Transcripts will not be accessible following Sept. 25, 2023."

On September 8, 2023, the Department of State (DOS) Bureau of Consular Affairs announced that DOS is working on "developing the capability to issue a digital visa authorization (DVA) instead of the traditional visa printed and placed in applicants' passports. The U.S. Embassy in Dublin is conducting a limited DVA proof of concept with a small number of K-1 (fiancé(e)) visas," and stated that "If this initial proof of concept is successful, we envisage extending the DVA to other visa classes and additional posts in the future."

The Department of Homeland Security (DHS) recently published Federal Register notices extending Special Student Relief (SSR) benefits for eligible F-1 students from Sudan, South Sudan, and Ukraine. DHS also extended Temporary Protected Status (TPS) programs for the three countries.

On August 18, 2023, the Department of Labor's Office of Foreign Labor Certification (DOL OFLC) published a round of FAQs on the wildfires in Hawaii. The FAQs cover deadline flexibilities, communication matters, LCAs and the relocation of H-1B workers, and other details.

On August 24, 2023, the Department of Labor's Office of Foreign Labor Certification (DOL OFLC) published a fourth round of FAQs on the H-1B, H-1B1, and E-3 programs. Rounds 1-3 were published between 2011-2015. Most of the FAQs are helpful restatements of policy regarding LCA obligations when a worker is moved to a location that was not intended when the LCA was filed.