In a March 6, 2023 notice to stakeholders, USCIS announced a phase-in of optional premium processing service for certain F-1 students applying for practical training. Beginning March 6, USCIS will accept premium processing upgrade requests for pending OPT applications, and beginning April 3, USCIS will start accepting premium processing requests that are filed concurrently with Form I-765. "USCIS will reject premium processing requests for a pending Form I-765 if received before March 6, and will reject any premium processing request for an initial or concurrently filed Form I-765 that is received before April 3."

In a February 28, 2023 Broadcast Message, SEVP notified stakeholders that SEVP "continues to assess its Coronavirus Disease 2019 (COVID-19) guidance following publication of the Feb. 14, 2023, Federal Register Notice announcing the anticipated end of the COVID-19 national emergency declaration on May 11, 2023."

On February 22, 2023, USCIS added basic content on F-1 Special Student Relief off-campus employment authorization to the USCIS Policy Manual. The new content confirms that Form I-765 code (c)(3)(iii) should be used when requesting SSR off-campus employment authorization, and that USCIS should issue SSR off-campus employment authorization for the shorter of the duration of the SSR validity period indicated in the Federal Register notice or the student’s academic program end date.

On February 21, 2023, NAFSA submitted a comment letter on the proposed USCIS fee rule.

The Department of State (DOS) has revised its policies to now allow consular officers to issue an F or M student visa up to 365 days in advance of a new student's I-20 program start date. Before this change, DOS could issue an F or M visa no more than 120 days before the program start date. Remember, though, that new F and M students can still not be admitted to the United States earlier than 30 days before their program start date.

On February 15, 2023, the Office of Management and Budget (OMB) completed its review of the Department of State's (DOS) final visa and consular services fee rule. DOS's proposed rule included large fee hikes, like a 53% hike to the Machine Readable Visa (MRV) fee for F-1, J-1, and other non-petition-based visas, and a 63% hike to the MRV fee for petition-based categories such as H-1B and O visas. Also included in the fee hike proposal was a huge increase of 325% for applications for a waiver of the INA 212(e) two-year home residence requirement. We do not know whether any of the proposed fee changes will be modified in response to public comment in the eventual final rule. For background and updates, consult NAFSA's page.

In February, 2023, news outlets began reporting that the Department of State (DOS) is planning to launch a pilot program later in 2023 that would restore the ability of H and L visa holders to renew their visas while remaining inside the United States.

"U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023."

On February 1, 2023, a federal appeals court denied a petition by the Washington Alliance of Technology Workers (Washtech) for a full en banc review of the court's decision upholding the Department of Homeland Security's authority to establish standard and STEM optional practical training (OPT) for F-1 students.

On January 30, 2023, USCIS posted a Federal Register notice to revise and extend the authorization for Form I-539 and Form I-539 A, and Form I-539 and Form I-539A instructions. Public comments are due by March 31, 2023. Many of the changes are stylistic revisions to language and format, but USCIS also proposes revising the Form I-539 instructions to implement 2021 USCIS COS to F-1 bridge application guidance.