Adviser's Manual 360 News Feed

A Department of State (DOS) final rule effective January 24, 2020 limits use of B visas for what the administration calls "birth tourism."

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.

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

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.

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."

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."