Adviser's Manual 360 News Feed

U.S. Citizenship and Immigration Services (USCIS) extended until January 24, 2023 the COVID-19 flexibilities it established for responses to Requests for Evidence (RFEs) and other similar response-based notices and requests, and filing date requirements for filing Form I-290B, Notice of Appeal or Motion.

SEVP recently updated its Form I-17 evidence checklists, which schools should begin using now. The updated checklists are downloadable on the Study in the States web page, as individual PDF files for each Form I-17 section, with separate sets of files for accredited and unaccredited schools. For convenience, NAFSA has also compiled the PDFs into two single files with bookmarks.

87 FR 62721 (October 17, 2022), Readability Changes for Special Requirements for Admission, Extension, and Maintenance of Nonimmigrant Status, adds tables of contents to DHS regulations at 8 CFR 214.2, including a master table of contents for the section and tables of contents for paragraphs f (F-1 students), h (H nonimmigrants, m (M-1 students), and 2 (CW-1 CNMI-Only Transitional Workers). The tables of contents "do not alter the operative regulatory text in any way and are intended to serve as a supplemental aid to make it easier to find information within the regulation."

On October 5, 2022, a U.S. Appeals Court upheld a 2021 District Court decision that found the Deferred Action for Childhood Arrivals (DACA) program to be in violation of the Administrative Procedure Act (APA), but remanded the case to the district court to consider in light of DHS's August 30, 2022 final DACA rule scheduled to go into effect on October 31, 2022. In the meantime, DHS can continue adjudicating DACA renewals but will continue to be enjoined from approving new DACA applications.

On October 4, 2022, the U.S. Court of Appeals for the District of Columbia Circuit sided with the Department of Homeland Security, denying Washtech's motion for summary judgement and granting DHS's cross-motion for summary judgement in this case that had challenged DHS authority for optional practical training (OPT) programs. Find a link to the decision on NAFSA's Washtech STEM OPT Litigation page.

Every year, natural disasters like hurricanes, wildfires, and earthquakes disrupt normal activities due to evacuations, loss of life, and extensive damage to property. Academic institutions located in affected areas may be unable to operate normally, or at all, during the current academic term. As a result of a natural disaster, students and scholars may also experience difficulty in satisfying the normal regulatory requirements for maintaining valid status, including reporting requirements, filing deadlines, and the pursuit of a "full course of study." NAFSA has a page of resources that can help institutions, students, and scholars affected by such emergencies and natural disasters.

Effective November 26, 2022, Burma/Myanmar SSR is extended from November 26, 2022 until May 25, 2024, for F-1 students from Burma/Myanmar who were in the United States as of September 27, 2022.

On September 16, 2022, NAFSA, as a member of the Compete America coalition, joined a letter to U.S. Citizenship and Immigration Services urging changes to allow O-1 workers of extraordinary ability and their family members to more easily travel outside of the United States after they have filed for green cards. The letter also urges allowing spouses in O-3 status to more easily obtain work authorization.

On September 15, 2022, NAFSA joined the Presidents' Alliance on Higher Education and Immigration and 13 other immigration and higher education organizations in a letter to the U.S. State Department's (DOS) Bureau of Consular Affairs, urging them to make permanent the temporary policies and processes that were instituted following the onset of the COVID-19 pandemic to improve visa processing efficiency. These include permanently maximizing alternatives to in-person visa interviews by providing waivers, virtual interviews, and extending visa eligibility waivers.

In a September 9, 2022 letter from NAFSA Executive Director and CEO, Dr. Esther Brimmer, NAFSA asked DHS to issue SSR for Pakistan, to address the dire situation caused by recent flooding in that country. SEVP acknowledged receipt of NAFSA's letter and said they will ensure that the appropriate entities see it and review the request.