Adviser's Manual 360 News Feed

This NAFSA page contains links to significant immigration-related changes and initiatives especially relevant to higher education, instituted by the new administration of President Joe Biden.

As a result of advocacy by organizations like NAFSA, court litigation, and the many requests for assistance individuals made to USCIS and the CIS Ombudsman, on February 26, 2021 USCIS emailed an announcement to stakeholders setting forth the steps it will take to remedy the ill effects of the recent delays in processing at USCIS lockboxes.

President Biden's Proclamation of February 24, 2021: A Proclamation on Revoking Proclamation 10014 revoked former President Trump's Proclamation 10014 and the proclamations that extended it, effective February 24, 2021. Proclamation 10014 had suspended and limited entry into the United States of many classes of immigrants until March 31, 2021.

Starting February 24, 2021, petitioners filing Form I-129 requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation.

On February 18, 2021, Representative Linda Sánchez (D-CA) introduced in the House HR 1177, a bill "To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes." The short title of the bill is the U.S. Citizenship Act.

USCIS announced that the initial registration period for the FY 2022 H-1B cap will be from noon (ET) March 9, 2021 to noon (ET) March 25, 2021.

DHS is delaying the effective date of its January 7, 2021 H-1B Cap Selection final rule to December 31, 2021. That rule originally had an effective date of March 9, 2021. This means that for the upcoming FY 2022 H-1B cap season, USCIS will apply the current regulations (random selection) to any H-1B cap registration period that takes place before December 31, 2021. On February 5, 2021, USCIS announced that the initial registration period for the FY 2022 H-1B cap will be from 12:00 p.m. (ET) March 9, 2021 through 12:00 p.m. (ET) March 25, 2021.

On January 28, 2021, the U.S. District Court for the District of Columbia found that "DHS did not exceed its statutory authority in issuing the 2016 OPT Program Rule." This means the court concluded that both the standard 12-month OPT and the STEM OPT extension programs were lawfully within DHS's authority to promulgate. WashTech has appealed the decision.

On February 1, 2021, the Department of Labor will publish a notice proposing a 60-day delay of the effective date of its January 14, 2021 "Strengthening Wage Protections" rule, from March 15, 2021 to May 14, 2021.

A January 25, 2021 Proclamation by President Biden continues the 14-day U.S. entry restrictions on individuals who were recently present in the Schengen Area, UK, Ireland, Brazil, China or Iran, and, effective January 30, 2021, adds South Africa to the list of countries.