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2020

USCIS Rescinds Prior Memos on Third-Party Placements, Contracts and Itineraries

June 18, 2020
In a June 17, 2020 policy memorandum, USCIS rescinded prior policy memoranda on third-party placements, contracts, and itineraries, and issued updated policy guidance in their place.
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OFLC Announces Migration of Website to New Domain

June 17, 2020
On June 3, 2020, the Department of Labor Office of Foreign Labor Certification announced that in July it will move the OFLC website to a new domain.
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Proposal to Replace Duration of Status Moves Forward

June 4, 2020
On June 3, 2020, DHS submitted for OMB review a proposed rule that would eliminate "duration of status" for F, J, and I nonimmigrants, replacing it with a fixed time period of admission and an extension of stay procedure. This item is at the proposed rule stage, which means that future rule making will proceed through normal APA public notice and comment procedures before any final rule is published.
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House Republican Letter to DHS and DOS in Support of International Students and OPT

June 3, 2020
On June 2, 2020, 21 House Republicans sent a letter to the Departments of Homeland Security and State in support of international students and Optional Practical Training (OPT). The letter, strongly supported by NAFSA, cites the many contributions of international students and scholars and encourages the Trump administration to maintain OPT.
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Phased Resumption of Premium Processing

June 1, 2020
On May 29, 2020, USCIS announced it will resume premium processing for Forms I-129 and I-140, in phases during the month of June.
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Proclamation Suspending Entry of Chinese Students and Researchers Connected to PRC “Military-Civil Fusion Strategy"

May 29, 2020
On May 29, 2020, the President issued Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China (PRC). The proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020, and will remain in effect until terminated by the President. It suspends the entry to the United States of F and J graduate students (undergraduate students are exempt) and researchers from the PRC if they are now or in the past connected through funding, employment, or study at "an entity in the PRC that implements or supports the PRC’s "military-civil fusion strategy," subject to important exceptions.
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USCIS Moves AFM Content to USCIS Policy Manual

May 22, 2020
USCIS has removed all Adjudicator's Field Manual (AFM ) content not already incorporated into the USCIS Policy Manual to its corresponding Policy Manual Part, as PDFs, to preserve the AFM content until the relevant AFM content has been incorporated into the Policy Manual. As of May 21, 2020, the AFM website no longer exists, and users are redirected to the USCIS Policy Manual website.
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DHS Seeks Approval of Revisions to Form I-539

May 21, 2020
On May 19, 2020, USCIS requested public comment on its plans to revise Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-539A, and form instructions. The form is used by certain nonimmigrants to extend or change their nonimmigrant status, and by F-1 and M-1 students applying for reinstatement to student status. Public comment is due on or before July 19, 2020.
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Secretary of Labor Given Option to Initiate Direct Review of BALCA Case

May 21, 2020
The Department of Labor (DOL) published a direct final rule effective June 19, 2020, "to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals" (BALCA). The rule also creates a similar system for cases handled by DOL's Administrative Review Board. Read the DOL rule published at 85 FR 30608 (May 20, 2020).
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I Nonimmigrant Media Representatives from the PRC No Longer Admitted for D/S

May 11, 2020
Effective May 8, 2020, foreign information media representatives on People's Republic of China (PRC) passports will be admitted to the United States in I nonimmigrant status only for up to 90 days, rather than for duration of status.
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