New USCIS guidance effective December 2, 2019 applies to fee waiver requests postmarked on or after that date. On a separate but related note, the proposed USCIS fee rule published for comment on November 14, 2019 would, if finalized as proposed, limit fee waivers only to VAWA self-petitioners, T and U nonimmigrants, certain battered spouses and children, and TPS applicants, with extremely limited exceptions.

On November 21, 2019, 118 public and private universities and colleges filed an amicus brief in the Washington Alliance of Technology Workers Union vs. U.S. Department of Homeland Security (Washtech) litigation to defend the long-standing immigration program known as Optional Practical Training and its more recent expansion, STEM OPT (collectively "OPT").

The Fall 2019 Regulatory Agenda was published on November 20, 2019. NAFSA summarizes the immigration items most relevant to higher education.

On November 20, 2019, the Student and Exchange Visitor Program (SEVP) launched its new SEVP External Training Application (SETA), initially with four courses.

With SEVIS Release 6.49 (November 17, 2019), DSOs have the ability to upload Form I-983 training plans in SEVIS when recommending initial STEM OPT, adding a STEM employer, and at the 12 and 24 month self-evaluation reporting periods. The functionality is not available in SEVIS batch. In a November 8, 2019 pre-release webinar, SEVP said that uploading the Form I-983 to SEVIS is "optional, but encouraged," and that "Use is date-forward; does not apply retroactively."

Poland has been designated into the Visa Waiver Program (VWP), effective November 11, 2019. Eligible citizens of Poland may register in ESTA and enter the U.S. in WB or WT status for 90 days under the VWP on and after the effective date.

On November 4, NAFSA joined the American Council on Education and nearly a dozen other higher education associations on a comment letter regarding DHS’s proposal to include questions on its forms asking for additional identifying and social media presence information.

The Fall 2019 NAFSA Immigration Review is available in the NAFSA shop.It provides a brief overview of changes in immigration law, policy, procedure, and practice over the past 6 months (as of September 25, 2019). Free to NAFSA members.

On October 9, 2019, the president issued Executive Order 13891, titled Promoting the Rule of Law Through Improved Agency Guidance Documents, "to ensure that Americans are subject to only those binding rules imposed through duly enacted statutes or through regulations lawfully promulgated under them."

Beginning December 2, 2019, USCIS will raise its premium processing fee to $1,440 from the current fee of $1,410, for Form I-129 and Form I-140.