Adviser's Manual 360 News Feed

On March 22, 2021, DOL will propose further delaying by 18 months its OES data prevailing wage determination rule. If the proposed rule becomes final, the new effective date would be November 14, 2022, the Step 1 transition phase would begin on January 1, 2023, and the other transition dates would also be delayed accordingly.

U.S. Citizenship and Immigration Services (USCIS) announced that it may "reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda."

On March 12, 2021, the Department of Labor (DOL) delayed the effective date of its final rule that will change how DOL computes Level I through Level IV wage rates when it uses Occupational Employment Statistics (OES) wage data to make a National Prevailing Wage Center (NPWC) prevailing wage determination or to certify an LCA that relies on OES wage data. The rule, promulgated under the Trump administration, originally had an effective date of March 15, 2021. That date has been delayed until May 14, 2021, with a transitional implementation plan that begins July 1, 2021.

On March 11, 2021, the Department of State (DOS) announced a temporary expansion of statutory and regulatory provisions that allow consular officers to waive the in-person interview requirement for individuals applying to renew a visa in the same nonimmigrant visa classification and category if not more than 48 months have passed since the prior visa expired. The expansion of this authority lasts until December 31, 2021.

On March 10, 2021, NAFSA Executive Director and CEO Dr. Esther Brimmer asked the Department of Homeland Security - SEVP to consider granting Special Student Relief to F-1 students from Myanmar, which is enduring increasing unrest following the February 1, 2021 coup that returned the country to full military rule.

DHS announced in a March 9, 2021 press release that "the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources." The press release goes on to state that "the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect."

On March 9, 2021, DHS published a Notice designating Venezuela for Temporary Protected Status (TPS) and implementing employment authorization for Venezuelans covered by Deferred Enforced Departure (DED).

On March 1, 2021, BridgeUSA (the Department of State Exchange Visitor Program) updated its COVID-19 FAQs. The revision replaces the prior set of FAQs that had been updated over time since the start of the COVID-19 pandemic. NAFSA has transcribed both the prior and current FAQs.

On March 1, 2021, NAFSA joined AILA and 15 other organizations on a letter to USCIS urging the agency to implement the Emergency Stopgap USCIS Stabilization Act provisions that authorize USCIS to expand premium processing to additional form types, including Form I-539 and Form I-765. The letter provides recommendations on how USCIS can implement these provisions "to ensure the agency remains solvent while efficiently and effectively adjudicating all immigration benefit applications and petitions."

The March 2, 2021 version of the DOS National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland page retains the same wording of prior versions to continue the "blanket" national interest exception (NIE) determination for F-1 and M-1 students traveling from those countries. The policy also continues to require "academics, J-1 students, and journalists" to individually apply for an NIE exception.