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2021

CBP Extends Canada-Mexico Land Port of Entry Restrictions Through January 21, 2022

October 20, 2021
U.S. Customs and Border Protection (CBP) is extending the Canada-Mexico "Essential Travel" Restrictions through January 21, 2022, "unless amended or rescinded prior to that time."
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Bills Introduced to Correct THRIVE Act Veterans Benefits Provisions that Challenged Use of Incentive-Based Agents for International Student Recruitment

October 15, 2021
A provision nestled within a new veterans benefits law called the THRIVE Act could impact a school's eligibility to participate in GI Bill programs if it also uses incentive-based arrangements in its international student recruiting efforts. On October 8, 2021, Republican and Democratic lawmakers introduced bills that would make several necessary technical corrections to the enacted Isakson-Roe and THRIVE Acts, including restoring U.S. institutions' ability to use incentive-based arrangements in international student recruitment.
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DV-2023 Registration Period Opens

October 6, 2021
The online registration period for the Diversity Visa lottery program for FY 2023 (DV-2023) began on Wednesday, October 6, 2021 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Tuesday, November 9, 2021 at 12:00 noon, Eastern Standard Time (EST) (GMT-5).
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DHS Publishes Proposed DACA Rule

October 5, 2021
DHS published a proposed Deferred Action for Childhood Arrivals (DACA) rule in the Federal Register on September 28, 2021, with a 60-day comment period that closes on November 29, 2021.
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Information Resources for Assisting Afghan Students and Scholars

October 1, 2021
As the situation in Afghanistan develops, this NAFSA page will list immigration information resources relevant to Afghan students and scholars in and outside the United States. The most recent additions: 1) NAFSA Adds Signature to "Scholars at Risk" Letter Sent to DOS and 2) NAFSA Letter to DOS and DHS Urges Immediate Action to Assist Afghan Students, Scholars, Researchers, and Educators
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DHS Extends Form I-9 Flexibilities until December 31, 2021

September 30, 2021
DHS has extended its COVID-19 Form I-9 flexibilities until December 31, 2021, due to "ongoing precautions related to COVID-19."
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Croatia Added to VWP List Effective December 1, 2021

September 30, 2021
On September 28, 2021, the Secretary of Homeland and Security, in consultation with the Secretary of State, designated Croatia for Visa Waiver Program (VWP) eligibility. A September 30, 2021 DHS final rule accordingly updated the list of VWP countries to include Croatia, effective December 1, 2021.
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Chamber Case Success on H-1B Cap “Highest Paid” Lottery Rule

September 16, 2021
The California Northern District Court found that former acting Secretary of Homeland Security Chad Wolfe was not legally appointed to that position, and therefore had no authority to issue the H-1B cap “highest paid” lottery rule. The court remanded the issue back to DHS. See NAFSA's page for background on the rule and a link to the September 15, 2021 court decision.
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Delegation of Authority Under PRC "Military-Civil Fusion Strategy" Proclamation

September 15, 2021
A September 15, 2021 DOS Federal Register notice announces the Secretary of State's delegation of authority to the Assistant Secretary for Consular Affairs to make national interest determinations under the PRC "Military-Civil Fusion Strategy proclamation to exempt students and researchers who would be otherwise covered by the entry bar under that proclamation, but "whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."
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DOS Expands Visa Interview Waivers for F, M, and J Nonimmigrants

September 15, 2021
The Department of State "has authorized consular officers through the end of 2021 to expand the categories of F, M, and 'academic J visa applicants' (students, professors, research scholars, short-term scholars, or specialists) whose applications can be adjudicated without an in-person interview in their consular district of residence, with certain exceptions." The policy covers "F, M, and academic J visa applicants who were previously issued any type of visa," as well as "first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program."
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