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2022

Implementation of ESTA for VWP Entry at Land Ports of Entry

March 31, 2022
US Customs and Border Protection (CBP) will publish an interim final rule that will expand the ESTA pre-registration requirement to Visa Waiver Program (VWP) visitors planning to enter the United States through land ports of entry. Currently, ESTA registration is needed only for VWP entry through air and sea ports of entry.
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USCIS Adds Certain COS, EOS, and Employment Authorizaton Applications to Premium Processing Regs

March 30, 2022
A U.S. Citizenship and Immigration Services (USCIS) final rule adds authorization for premium processing for certain changes of status and extensions of stay (filed on Form I-539) and certain applications for employment authorization (filed on Form I-765). The Department of Homeland Security (DHS) anticipates that “beginning in FY 2022” it will begin accepting I-765 premium processing applications for “students applying for Optional Practical Training (OPT) and exchange visitors,” and I-539 applications for changes of status to “F-1, F-2, J-1, J-2, M-1, M-2.” However, premium processing for these new categories will not be available until USCIS specifically announces the availability. Implementation for other new eligibility categories is expected in FY 2025.
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USCIS Announces FY 2023 H-1B Cap Reached and Selectees Notified

March 29, 2022
On March 29, 2022, USCIS announced that the fiscal year (FY) 2023 H-1B cap was reached and that it has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration, during the 90-day filing period beginning April 1, 2022.
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USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

March 29, 2022
On March 29, 2022, USCIS announced "a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents."
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NAFSA Summary of the America COMPETES Act (H.R. 4521)

March 23, 2022
The America COMPETES Act (H.R. 4521), as passed by the U.S. House of Representatives on February 4, 2022, includes several provisions that advance international education and exchange. NAFSA has summarized the key provisions.
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USCIS Urges Eligible Individuals to Consider Applying for Adjustment of Status in the EB-2 Category Based on the April Visa Bulletin Date for Filing for India

March 18, 2022
March 17, 2022. "In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2013, to Sept. 1, 2014..." If a beneficiary chargeable to India has a priority date that falls before September 1, 2014, "USCIS encourages you to consider applying for adjustment of status in April."
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Immigration Resources: Ukraine

March 7, 2022
NAFSA regularly updates its page on immigration information resources relevant to Ukrainian students and scholars in and outside the United States.
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DHS Designates South Sudan for F-1 Special Student Relief

March 3, 2022
The Department of Homeland Security (DHS) designated South Sudan for F-1 Special Student Relief benefits for the period March 3, 2022 through November 3, 2023. For links and background, see NAFSA's page: Special Student Relief For F-1 Students: Essential Concepts.
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NAFSA Joins Comment Letter on Proposed DOS Fee Hikes

March 1, 2022
NAFSA joined other higher education associations in a February 28, 2022 comment letter led by the American Council on Education (ACE), on the Department of State's (DOS) proposal to sharply raise key visa and processing fees. The comment letter stressed the importance of international students and scholars to U.S. higher education and to the overall economic recovery following the pandemic, and urged DOS "to couple any increase in fees with improvements in efficiency and processing times."
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Must Use 12/08/21 Edition of Form I-539 Starting April 21, 2022

February 24, 2022
USCIS updated its Form I-539 page to note that starting April 21, 2022, it will only accept the 12/08/21 edition of Form I-539, Application to Extend/Change Nonimmigrant Status.
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