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2020

DOS Implements Its Public Charge Form and Interim Final Rule on February 24, 2020

February 24, 2020
On February 24, 2020, the Department of State (DOS) implemented its own interim final rule on the public charge ground of visa ineligibility with a related form. For nonimmigrants, DOS says in its Foreign Affairs Manual that a consular officer's "determination that an applicant qualifies for the NIV sought is generally sufficient to meet the requirements of INA 212(a)(4), absent evidence that gives you reason to believe that a public charge concern exists...."
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Court Issues Permanent Injunction on USCIS Unlawful Presence Policy

February 6, 2020
On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunction blocking the August 8, 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.
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Travel Ban 4.0

January 31, 2020
In Proclamation 9983 of January 31, 2020, the Trump administration expanded its travel ban to place visa and entry restrictions on travelers from six additional countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The new ban (Travel Ban 4.0) becomes effective at 12:01 eastern standard time on February 21, 2020. Travel Ban 4.0 contains restrictions on immigrants but not on nonimmigrants, so Travel Ban 4.0 will not impact acquisition of nonimmigrant visas like F-1 student, J-1 exchange visitor, H-1B worker, etc., or of admission to the United States in those categories. Meanwhile, Travel Ban 3.0 continues in effect on certain citizens of Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.
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USCIS Will Implement Public Charge Rule on February 24, 2020

January 31, 2020
USCIS announced that on February 24, 2020 it will implement its Inadmissibility on Public Charge Grounds final rule, including related revisions to key USCIS benefits request forms.
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Resources on the 2019 Novel Coronavirus

January 30, 2020
NAFSA has assembled links to resources to help you navigate issues arising from the 2019 Novel Coronavirus, including: Government advisories and immigration-related policies and resources such as SEVP's Broadcast Message on the 2019 Novel Coronavirus and F and M nonimmigrants; NAFSA General Crisis Management Resources; and other Resources.
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DOS Limits Use of B Visas for Birth Tourism

January 24, 2020
A Department of State (DOS) final rule effective January 24, 2020 limits use of B visas for what the administration calls "birth tourism."
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Practice Advisory on F-1 Cap-Gap and New H-1B Cap-Subject Filing Rules

January 9, 2020
A NAFSA practice advisory explores how the new H-B cap selection and filing system scheduled to go into effect on March 1, 2020 interacts with F-1 cap-gap rules.
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NAFSA and ACE Comment on USCIS Proposed Fee and Form Changes

January 6, 2020
NAFSA and ACE submitted comment letters to USCIS on its November 14, 2019 proposed changes to filing fees.
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2019

Implementation of ESTA for VWP Land Entries

December 20, 2019
DHS/CBP is developing an interim final rule that will expand ESTA pre-registration to Visa Waiver Program entrants planning to enter the United States through land ports of entry. Once the rule is finalized and effective, these VWP travelers will provide their information to CBP electronically through ESTA prior to application for admission to the United States.
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USCIS Announces Implementation of H-1B Cap-Subject Preregistration System for Upcoming FY 2021 H-1B Season

December 10, 2019
USCIS announced on December 6, 2019 that it will implement the preregistration process for H-1B cap-subject employers in the upcoming fiscal year 2021 season. "USCIS will open an initial registration period from March 1 through March 20, 2020."... "Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee."
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