Adviser's Manual 360 News Feed

A July 14, 2020 Executive Order communicates the "policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong." Among other actions, the order calls on agencies to "take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong" and to "eliminate the preference for Hong Kong passport holders as compared to PRC passport holders."

In a July 15, 2020 Policy Alert, USCIS announced that it has consolidated into the USCIS Policy Manual its guidance on how adjudicators should use discretion in making their benefit determinations. The consolidated guidance supersedes other guidance on the topic.

On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) replaced the North American Free Trade Agreement (NAFTA). The criteria for TN admission under the USMCA are the same as under NAFTA. Whereas TN admission under NAFTA was governed by the list of Professionals in Appendix 1603.D.1 to Annex 1603 of NAFTA, TN admission under the USMCA will be governed by the list of Professionals in USMCA Chapter 16 Appendix 2. The appendices are identical.

On June 30, 2020, the Administration published the Spring 2020 regulatory agenda. Visit NAFSA's page to see the immigration-related highlights.

On June 18, 2020, the U.S. Supreme Court (SCOTUS) held that DHS’s decision to rescind DACA was arbitrary and capricious under the Administrative Procedure Act.

In a June 17, 2020 policy memorandum, USCIS rescinded prior policy memoranda on third-party placements, contracts, and itineraries, and issued updated policy guidance in their place.

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.

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.

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.

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.