Adviser's Manual 360 News Feed

On February 15, 2023, the Office of Management and Budget (OMB) completed its review of the Department of State's (DOS) final visa and consular services fee rule. DOS's proposed rule included large fee hikes, like a 53% hike to the Machine Readable Visa (MRV) fee for F-1, J-1, and other non-petition-based visas, and a 63% hike to the MRV fee for petition-based categories such as H-1B and O visas. Also included in the fee hike proposal was a huge increase of 325% for applications for a waiver of the INA 212(e) two-year home residence requirement. We do not know whether any of the proposed fee changes will be modified in response to public comment in the eventual final rule. For background and updates, consult NAFSA's page.

In February, 2023, news outlets began reporting that the Department of State (DOS) is planning to launch a pilot program later in 2023 that would restore the ability of H and L visa holders to renew their visas while remaining inside the United States.

"U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023."

On February 1, 2023, a federal appeals court denied a petition by the Washington Alliance of Technology Workers (Washtech) for a full en banc review of the court's decision upholding the Department of Homeland Security's authority to establish standard and STEM optional practical training (OPT) for F-1 students.

On January 30, 2023, USCIS posted a Federal Register notice to revise and extend the authorization for Form I-539 and Form I-539 A, and Form I-539 and Form I-539A instructions. Public comments are due by March 31, 2023. Many of the changes are stylistic revisions to language and format, but USCIS also proposes revising the Form I-539 instructions to implement 2021 USCIS COS to F-1 bridge application guidance.

A January 26, 2023 Federal Register notice extends F-1 Special Student Relief (SSR) for eligible Haitian students, and a memo from President Biden instructs DHS to take steps to extend SSR for eligible Hong Kong citizens.

For a two-year period, USCIS will once again "bundle the adjudication of the Form I-539 and Form I-765, where applicable, for H-4 and L-2 derivatives with the underlying Form I-129 when these forms are properly filed together regardless of whether they are filed under standard or premium processing." USCIS will not bundle adjudication if the family's Forms I-539 and I-765 are not concurrently filed with the principal's Form I-129.

In a January 12, 2023 notice, U.S. Citizenship and Immigration Services (USCIS) announced a timeline for its plan to expand the fee-based premium processing program to F-1 optional practical training (OPT) applications and applications for change of status (COS) to F student and J exchange visitor status. USCIS must update its "How do I request premium processing" page before filers can begin requesting premium processing for those categories.

In a Federal Register notice to be published on January 17, 2023, the Department of Homeland Security (DHS) announces the January 11, 2023 termination of the protocol that since October 10, 2022 had restricted the landing of flights carrying persons who were recently present in Uganda.

On January 11, 2023, NAFSA submitted a comment letter in response to Docket No. ICEB-2021-0016, Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants, an interim final rule published on December 12, 2022.