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2023

Immigration Updates in the Spring 2023 Regulatory Agenda

June 16, 2023
The Spring 2023 regulatory agenda was posted on Reginfo.gov on June 14, 2023. NAFSA has updated it compilation of immigration-related regulatory actions most relevant to institutions that invite international students and scholars to the United States.
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USCIS Announces June 2023 Phase-In of Premium Processing for COS to F-1, F-2, M-1, M-2, J-1, or J-2 Status

June 12, 2023
USCIS announced on June 12, 2023 the following implementing timeline for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status: "Beginning June 13, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status; Beginning June 26, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539."
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USCIS Adds Basic J-1 Exchange Visitor Information to USCIS Policy Manual

June 12, 2023
USCIS has added basic information on J-1 exchange visitors to the USCIS Policy Manual, in a new Part D, Exchange Visitors (J). According to a USCIS Policy Alert, the new Policy Manual entry: "Provides general information about the exchange visitor (J) visa classification and explains USCIS’ role in adjudicating change of status requests and applications for employment authorization for J-2 family members" and "Explains the INA 212(e) foreign residence requirement and provides information about USCIS’ adjudication of available waivers, including for foreign medical graduates."
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EVP Guidance Directive 2023-01 Ends COVID-19 Flexibilities But Introduces New Interpretations on Hybrid or Virtual Work and Learning

June 10, 2023
A June 9, 2023 BridgeUSA Guidance Directive ends ECA's temporary COVID-19 flexibilities for J-1 exchange programs and participants effective July 1, 2023, but introduces new interpretations on hybrid or virtual work and learning.
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USCIS Changes I-129 Filing Address for TN Petitions from VSC to TSC

June 7, 2023
On June 5, 2023, USCIS changed the service center filing location for filing Form I-129 TN free trade petitions (for noncitizens from Canada and Mexico), from the Vermont Service Center (VSC) to the Texas Service Center (TSC). USCIS will continue to accept TN Forms I-129 filed at the VSC during a 60-day grace period, but will reject TN I-129 petitions filed at the VSC after the grace period. Despite the grace period, Form I-129 TN filers should begin now filing their petitions at the TSC address listed on the USCIS Form I-129 Direct Filing Addresses page.
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E-Verify Records Disposal Scheduled for June 24, 2023

June 6, 2023
An E-Verify website news item notifies E-Verify users of the planned disposal of E-Verify records that were last updated on or before December 31, 2012: "E-Verify Records Disposal - On June 24, 2023, USCIS will dispose of E‑Verify records that are more than 10 years old, which are those last updated on or before Dec. 31, 2012. E‑Verify employers have until June 23, 2023, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases. Employers who have not already done so must record the E‑Verify case verification number on the corresponding Form I‑9, Employment Eligibility Verification, or attach a copy of the case details page to the Form I‑9. Employers should retain the Historic Records Report with the Forms I‑9. For more information and guidance on downloading the Historic Records Report, see the fact sheet (PDF) and instructions for downloading (PDF)."
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NAFSA Annual Conference Government Current Issues Sessions Slides

June 6, 2023
NAFSA members have access to the slides from the agency-focused "Current issues" sessions presented at the 2023 NAFSA Annual Conference.
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DOS Delays Visa Processing Fee Hikes until June 17, 2023

May 25, 2023
A Federal Register notice to be published on May 26, 2023 will delay the effective date of new DOS visa fee hikes until June 17, 2023, to provide time for Congressional review under the Congressional Review Act. The new fees were originally set to go into effect on May 30, 2023.
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SEVP Terminates its COVID-19 Flexibilities on May 11

May 12, 2023
On May 12, 2023, the Student and Exchange Visitor Program (SEVP) communicated that it has terminated its COVID-19 guidance to coincide with the May 11, 2023 end of the COVID-19 National and Public Health Emergencies. An updated FAQ provides answers to frequently asked questions from SEVP stakeholders about the impact of the termination of COVID-19 flexibilities.
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COVID-19 Vaccination Requirements for International Travelers to the United States Ended on May 12, 2023

May 12, 2023
As of May 12, 2023, nonimmigrant travelers to the United States are no longer subject to the requirement that they be fully vaccinated with an approved COVID-19 vaccination before boarding an aircraft destined to the United States or before entering the United States through a land or ferry port of entry.
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