Adviser's Manual 360 News Feed

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.

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.

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.

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).

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.

(May 1, 2020) In response to COVID-19, USCIS expanded its 60 calendar day grace period for receiving responses to RFEs, NOIDS, Notices of Intent to Revoke, Continuations to Request Evidence, Notices of Intent to Rescind or Terminate regional investment centers, and filing date requirements for Form I-290B, notice of appeal or motion, if the issuance or decision date is between March 1, 2020 and July 1, 2020, inclusive.

On April 22, 2020, President Trump issued a Presidential Proclamation that suspends entry of certain new immigrants who do not already have an approved immigrant visa. The proclamation does not impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc.

(April 13, 2020) USCIS announced a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of COVID-19. Once USCIS begins data entry, petitions will be stamped received on the date they arrive at the service center and, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center. USCIS stated that it is "mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible." Nevertheless, the automatic cap-gap functionality update in SEVIS will be impacted, since that process depends on a data transmission from USCIS's CLAIMS system. DSOs with students whose employer has filed a cap-subject H-1B petition on their behalf and who request a cap-gap notation on their Form I-20 before USCIS enters the data in CLAIMS could use the SEVIS Cap Gap Extension link to notate the cap-gap benefit until June 1, but would likely have to contact SEVP for notations beyond that if SEVIS has not been updated with CLAIMS data by then.

On April 9, 2020, the Court postponed until September 4, 2020 at 2:30 p.m. the status conference that had been scheduled for May 1, 2020. Judge Wilson's minute order stated that the court needed "additional time to consider the pending motions in this case," which includes WashTech's February 17, 2020 motion to strike the November 21, 2019 amicus brief filed by public and private universities and colleges, and the amici's opposition to that motion.

On March 30, 2020, USCIS announced that employers may file H-1B cap-subject petitions beginning April 1, 2020, for beneficiaries registered by the petitioner and selected by USCIS in the FY 2021 registration process.