Adviser's Manual 360 News Feed

"The Department of Homeland Security (DHS) is seeking comments from the public on how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies, including those that prevent foreign citizens from easily obtaining access to immigration services and benefits. This effort will help DHS identify process improvements for USCIS, with benefits for state, local, and tribal governments, for businesses (including small businesses and startups), for educational institutions of all kinds, for nonprofits, and for individuals." Comments are due on or before May 19, 2021.

DHS Federal Register notices establish Special Student Relief for Venezuelan and Syrian F-1 students, effective April 22, 2021.

On January 29, 2021, WashTech filed a notice of appeal with the D.C. Circuit Court of Appeals, to challenge the D.C. District Court's January 28, 2021 decision which had concluded that both the standard 12-month OPT and the STEM OPT extension programs were lawfully within DHS's authority to promulgate. On March 26, 2021, the appeals court set a briefing schedule for the parties. Appellant Washtech's brief is due 05/05/2021 and Appellee USCIS's reply brief is due 06/04/2021.

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2021 "that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online." USCIS also announced they will present a webinar on the online filing of F-1 OPT applications, to be held on Thursday, April 22, 2021. Visit NAFSA's page for additional details.

On April 8, 2021, DOS announced a blanket National Interest Exception (NIE) from all geographic COVID-19 proclamations for immigrant visas. "Immigrant Visa processing posts may now grant immigrant and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations." Other blanket NIE measures cover additional, narrowly tailored groups.

DOS updated its "resumption of routine visa services" message on April 6, 2021, with messaging that focuses on the challenges of reopening and reduced appointment capacity that have created a "significant backlog of both immigrant and nonimmigrant visa applications awaiting a visa interview... The State Department is working to reduce this backlog while ensuring the safety of our staff and applicants and protecting our national security." The DOS page also contains several FAQs. The first FAQ on that page states that, "after meeting demand for services to U.S. citizens... Posts processing nonimmigrant visa applications will continue to prioritize travelers with urgent travel needs, foreign diplomats, and certain mission critical categories of travelers such as those coming to assist with the U.S. response to the pandemic, followed by students and exchange visitors (F-1, M-1, and J-1) and temporary employment visas."

The Bureau of Labor Statistics (BLS) changed the name of its wage survey program from Occupational Employment Statistics (OES) to Occupational Employment and Wage Statistics (OEWS), effective March 31, 2021. See the news item on the BLS page at https://www.bls.gov/oes/.

The Department of State confirmed that former President Trump's Proclamation 10052 expired on March 31, 2021. As of April 1, 2021, President Biden had not renewed or replaced it. The proclamation had suspended entry of certain H, J, and L nonimmigrants.

On April 2, 2021, DOL will publish in the Federal Register a 60-day request for information on sources of data and methodologies for determining prevailing wage levels, to "inform and be considered by the Department as it reviews the final rule" that would 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.

In a March 30, 2021 news alert, USCIS notified the public that it had conducted its random selection of H-1B cap-subject registrations received during the initial registration period, and notified employers of the registrations that were selected.