USCIS published a final rule detailing expected immigration filing fee increases. The final rule partially honors one of NAFSA’s requests which was to exempt HEIs from the proposed asylum program fee. Some of the fees are not as high as first proposed, which is positive, yet others remain high.
DHS published a notice in the Federal Register extending eligibility for special student relief (SSR) benefits to certain F-1 students from Syria to September 30, 2025. The prior notice, published in 2022, expires on April 1.
The Veterans Benefits Administration released new guidance that allows more opportunities for student veterans to study abroad. NAFSA has advocated since 2021 for expanded access to study abroad for military veterans using GI Bill education benefits. The new guidance stems from language included in the Veterans Auto and Education Improvement Act of 2022, on which NAFSA actively advocated for passage.
On January 18, the U.S. House Energy and Commerce Subcommittee on Innovation, Data, and Commerce held a hearing, “NIL Playbook: Proposal to Protect Student Athletes' Dealmaking Rights,” to explore the NCAA’s name, image, and likeness (NIL) rule. Written testimony offered by NCAA president, Charlie Baker urged Congress to grant student-athletes special status that would affirm they are not employees of an institution, a change he acknowledged would also benefit international student-athletes.
A group of Democratic lawmakers called on leadership in the U.S. House and Senate to remove language from the House FY2024 Commerce, Justice, and Science Appropriations bill that would reinstate the China Initiative, a Department of Justice program that existed between 2018 and 2022. NAFSA joined a coalition letter led by the Asian American Scholar Forum in December also urging congressional leaders to oppose the return of the China Initiative on the grounds that it led to the racial profiling and unjust prosecution of U.S.-based Chinese American and immigrant scholars, scientists, and researchers.
On January 25, NAFSA staff presented to the National Adult and Influenza Immunization Summit on the impact of added vaccine costs for students seeking to study abroad. NAFSA continues to advocate in support of commercial coverage of all Centers for Disease Control (CDC) recommended vaccines, including travel-related vaccines. This is important for ensuring access to more diverse study abroad destinations.
February 2024
A USCIS final rule effective March 4 creates a new H-1B registration selection protocol for H-1B cap-subject employers. Under the new process USCIS will identify beneficiaries based on their passport information and these unique beneficiaries will then be entered into the selection process (lottery) once, regardless of how many registrations are submitted on their behalf. Previously, USCIS entered all registrations in the lottery, so the more registrations submitted the greater the likelihood of being selected. DHS anticipates that this “beneficiary centric” system will increase chances for selection in the lottery by helping to ensure that each beneficiary has the same chance of being selected. This should benefit former international students and international faculty and researchers seeking H-1B status.
On February 14, President Biden signed a Memorandum on the Deferred Enforced Departure (DED) for Certain Palestinians to establish a DED for Palestinians in the United States who meet certain conditions. The memo also directs the U.S. Secretary of Homeland Security to "consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Palestinians.”
NAFSA joined the American Council on Education in a comment letter to the Department of Labor (DOL) urging DOL to add STEM occupations to Schedule A as a means to improve the ability of U.S. higher education institutions to recruit the world’s best STEM faculty, researchers, and professionals. Schedule A is the department’s list of occupations experiencing a shortage of qualified, willing, and available U.S. workers.
March 2024
On March 1st, NAFSA joined 33 other organizations in a letter urging the U.S. Department of Health and Human Services (HHS) to abide by the Affordable Care Act which mandates all FDA-approved vaccines recommended by the CDC must be covered by commercial insurers.
Leaders of the Congressional Asian-Pacific American Caucus, Rep. Judy Chu (D-CA-28), Rep. Grace Meng (D-NY-06) and Sen. Mazie Hirono (D-HI) were successful in urging House and Senate leaders to remove language from the final FY2024 government funding bill that would have reinstated the China Initiative, a Department of Justice program that operated between 2018 and 2022.
In response to significant feedback from NAFSA and other stakeholders, on March 21, USCIS published a technical correction rule to fix several oversights in the January 31, 2024 fee final rule, including amending the definition of "nonprofit" that qualify for a reduced fee when filing the Form I-129 and Form I-140 waiver of program fee. The correction includes the definition of not-for-profit primary or secondary educational institutions and institutions of higher education "as defined in section 101(a)" of the Higher Education Act of 1965, 20 U.S.C. 1001(a)." USCIS indicated that the related FAQs will be updated as well.
DHS published a notice in the Federal Register extending SSR benefits eligibility to certain F-1 students from Burma (Myanmar) to November 25, 2025.
On March 25, NAFSA joined the American Council on Education and 15 other higher education associations in a letter to the U.S. Department of Education on a proposed rule regarding changes to the National Resource Centers (NRC) Program and the Foreign Language and Area Studies (FLAS) Fellowships Program. The letter expresses concern that the proposed changes could result in elimination of NRC international centers and would impact the ability of institutions to administer the FLAS program and urges the Department to address these concerns before finalizing them, as well as engage with stakeholders to update regulations regarding Title VI international programs.
April 2024
On April 8, NAFSA joined the Presidents’ Alliance on Higher Education and Immigration in a letter urging DHS to provide SSR to qualifying F-1 students from Nigeria in recognition of the political and economic crises in their home country.
Following President Biden's February 14 memorandum, on April 15, DHS published Federal Register notices setting forth conditions and procedures for eligible Palestinians to seek DED or F-1 SSR benefits.
On April 15, the Compete America Coalition, of which NAFSA is a member, sent a letter to the U.S. Department of State in support of the pilot program that allowed certain H-1B visa applicants to renew their visas in the United States. Based on positive participant feedback, the coalition urges the department to expand the program to other visa applicants, including international students, and to make this program permanent before the end of the calendar year.
On April 25, NAFSA sent letters to congressional offices urging them to cosponsor the Keep STEM Talent Act, citing the many contributions international students make to U.S. campuses and communities. The bill creates a direct path to green card status for international students who have an advanced STEM degree from a U.S. institution and exempts them from the annual green card caps. The bill also expands dual intent for these students so they will no longer have to prove they have no intention of remaining in the United States after graduation
On April 29, DOE published a final rule on "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance." The rule will take effect as of August 1, 2024, and amends regulations implementing Title IX of the Education Amendments Act of 1972.
Also on April 29, U.S. Senators Richard Blumenthal (D-Conn.), Chris Murphy (D-Conn.), Pete Ricketts (R-Nebr.), and Shelley Moore Capito (R-W.Va.) sent a letter to U.S. Secretary of Homeland Security Alejandro Mayorkas requesting an update on the department's commitment to providing clarity as to how international student-athletes can legally monetize their NIL. The senators argue that tens of thousands of National Collegiate Athletics Association (NCAA) international student-athletes have been deprived of economic opportunities because of the lack of guidance on how they can benefit from the NCAA's NIL policy without violating the work restrictions of the F-1 student visa.
May 2024
On May 1, NAFSA, as a member of the Alliance for International Exchange, joined a letter to the House and Senate State and Foreign Operations Appropriations Subcommittee leadership expressing concern over fiscal year 2024 funding cuts to the State Department's Bureau of Educational and Cultural Affairs programs, citing the programs’ vital contribution to U.S. foreign policy and national security priorities.
On May 1, House members sent the following letters to State and Foreign Operations and Labor, HHS, Education, and Related Agencies Appropriation Subcommittee leaders urging support for increased funding for international education in FY2025 appropriations:
98 House members joined Rep. Deborah Ross (D-NC-02) in requesting a total of $91 million for U.S. Department of Education Title VI and Fulbright-Hays international education and foreign language programs;
14 House members joined Rep. Brad Schneider (D-IL-10) in requesting an increase in funding for the Increase and Diversity Education Abroad for U.S. Students (IDEAS) program; and
109 House members joined Rep. Hank Johnson (D-GA-04) in requesting an increase in funding for U.S. State Department international education and exchange programs.
On May 8, HHS published a final rule regarding eligibility of Deferred Action for Childhood Arrivals recipients for healthcare coverage under the Affordable Care Act. The regulations will become effective on November 1, 2024.
On May 13, 35 senators joined Sen. Cory Booker (D-NJ) in a letter to Senate State and Foreign Operations Appropriations Subcommittee leaders supporting an increase in appropriations funding for international education and exchange programs at the U.S. State Department in FY2025.
On May 13, the Compete America Coalition, of which NAFSA is a member, sent a comment letter urging DOL to develop a recurring and transparent review methodology to revise Schedule A, and to consider whether the list of occupations should be expanded to include categories of qualifications and/or skills to more accurately identify shortage areas and forecast future needs.
On May 14, 24 senators joined Senators Brian Schatz (D-HI) and Todd Young (R-IN) in a letter to Labor, HHS, Education, and Related Agencies Appropriations Subcommittee leaders supporting an increase in funding for Title VI and Fulbright-Hays international education and foreign language programs at the US. Department of Education.
The U.S. for Success Coalition—of which NAFSA is a founding member—launched a new advocacy campaign that urges Congress to improve student visa processing and address high denial rates affecting students from the Global South
The U.S. for Success Coalition also launched a campaign to encourage U.S. higher education institutions to sign the Higher Education Commitment Partner Pledge.
June 2024
On June 7, NAFSA joined a coalition letter led by the American Council on Education urging leadership of the U.S. House Committee on Rules to reject the DETERRENT Act as an amendment to the House version of the National Defense Authorization Act for fiscal 2025 (H.R. 8070). The provision would increase federal oversight of foreign gifts and contracts involving U.S. colleges and universities that, as the letter argues, would "harm U.S. competitiveness by discouraging U.S. researchers from participating in international collaborations." The House Rules Committee ultimately determined that the amendment was not relevant, and it was not brought to the floor for a vote.
On June 14, NAFSA, as a member of the Coalition for International Education, joined 28 other organizations in a letter to the U.S. House Labor, HHS, Education and Related Agencies Appropriations Subcommittee leadership in support of increased fiscal 2025 funding for the Title VI and Fulbright-Hays programs at the Department of Education.
On June 17, the U.S. for Success Coalition sent a letter to Assistant Secretary for Consular Affairs Rena Bitter requesting a meeting to discuss ongoing concerns with lengthy visa interview and processing delays affecting international students planning to arrive on U.S. campuses on time in the fall.
On June 18, President Biden announced new actions to keep families together and allow Dreamers to contribute to the economy. The U.S. Departments of State and Homeland Security will issue statements and guidance on how they will decide benefits on a case-by-case basis once they publish final instructions.
On June 28, the U.S. House of Representatives passed its version of the fiscal 2025 State, Foreign Operations and Related Appropriations Act. The bill calls for $720.9 million in funding for the State Department's Educational and Cultural Exchange (ECE) programs, a 2.7 percent cut from the fiscal 2024 enacted level. Thanks to the swift advocacy led by the Alliance for International Exchange, NAFSA, and others, the bill passed without any harmful amendments that would have cut or eliminated funding to ECE initiatives such as the Fulbright Program, the Benjamin A. Gilman International Scholarship, and EducationUSA advising centers.
July 2024
On July 1, the Student and Exchange Visitor Program (SEVP) published notices in the Federal Register extending SSR eligibility for F-1 students from Haiti until February 3, 2026, and for students from Yemen until March 3, 2026.
On July 3, NAFSA joined the American Council on Education and 18 other higher education associations in a letter to U.S. Secretary of State Antony Blinken urging the agency to prioritize student visa processing in India and other countries that are seeing increased student visa applications. The letter asks the State Department to take actions to prioritize student visa processing during the summer months so students don't miss the start of the 2024–25 academic year.
On July 3, U.S. Senator Peter Welch (D-Vt.), with support from NAFSA, other higher education associations, and grassroots advocates, led seven senators in a letter to Secretary of State Antony Blinken urging the agency to clarify Foreign Affairs Manual guidance on the application of the home residency requirement for international student visa applicants. The letter cites data showing students from African countries were denied at significantly higher rates than those from other regions of the world, suggesting qualified students may be subject to inconsistent application of visa eligibility criteria.
On July 5, the Student Aid Alliance, of which NAFSA is a member, sent a letter to the U.S. House Committee on Appropriations opposing the drastic cuts proposed in its fiscal 2025 Labor, HHS, Education, and Related Agencies funding bill. The bill proposes a combined $1.07 billion cut (a 50 percent reduction) to both the Federal Work-Study program and the Federal Supplemental Educational Opportunity Grant program. Unfortunately, the committee adopted the bill with these cuts intact on July 10.
On July 8, the Spring 2024 regulatory agenda was published. Highlights include a Department of State plan to update J-1 reinstatement and 212(e) waiver regulations and a Department of Homeland Security plan to codify and clarify existing SEVP school certification requirements for English language training program accreditation.
In mid-July, as requested by NAFSA and the U.S. for Success Coalition, DOS added the following explanatory language to its Visa Appointment Wait Times page: “Wait times are generally the MAXIMUM amount of time you will have to wait to get an appointment. Appointments are continuously being added and you will likely be given an opportunity to move your appointment up as new appointments are opened.”
On July 17, the Coalition for International Education, of which NAFSA is a member, sent a letter to U.S. Senate Labor, HHS, and Education and Related Agencies Appropriations Subcommittee leaders in support of robust fiscal 2025 funding for Title VI and Fulbright-Hays programs at the Department of Education. The letter supports the robust funding request made in May by 25 senators and urges $91 million for Title VI and Fulbright-Hays programs in order to address "rising national needs for international expertise and global competency."
On July 22, SEVP published a Federal Register notice extending SSR eligibility for F-1 students from Somalia until March 17, 2026.
On July 25, the U.S. Senate Appropriations Committee approved its version of the fiscal 2025 State, Foreign Operations, and Related Programs Appropriations Act. The bill includes $761.1 million in funding for educational and exchange programs, a 2.7 percent increase over current funding. Accompanying report language also specifies a recommendation of $5 million (a $3 million increase compared to last year’s Senate request) for the Increase and Diversify Education Abroad for U.S. Students (IDEAS) program, which was one of the asks at NAFSA Advocacy Day 2024.
August 2024
On August 1, the U.S. Senate Appropriations Committee approved the Labor, HHS, Education, and Related Agencies Act. The bill includes $85.7 million in funding for U.S. Education Department Title VI and Fulbright-Hays programs in fiscal 2025, which maintains the same level as fiscal 2024 funding and is 4.8 percent higher than the House's approved level.
On August 15, NAFSA Executive Director and CEO Fanta Aw and Melissa Torres, president and CEO of The Forum on Education Abroad, sent a joint letter to Kevin Rudd, ambassador of Australia to the United States, urging a reconsideration of the 125 percent fee increase for student visas to Australia that went into effect in July.
On August 15, 2024, DOS updated its Foreign Affairs Manual to allow use of an unexpired J-1 visa following a standard program transfer. Under the prior policy, an exchange visitor who traveled after transferring J programs needed a new J visa that reflected the transfer-in sponsor's program number before being able to return to the United States under the sponsorship of the transfer-in program. The policy change does not apply to transfers involving a category change or to exits and new entries with a new sponsor under a different SEVIS ID.
On August 29, The National Academies of Sciences, Engineering, and Medicine released a report that argues that current U.S. immigration policies may be hindering the country's global leadership in research and that "more stable and better pathways for international talent" are needed in the United States. NAFSA brought the report to the attention of congressional offices and encouraged advocates to do the same.
September 2024
On September 9, NAFSA joined the Asian American Scholar Forum and 70+ other higher education and civil rights groups in a letter to congressional leaders opposing any legislation restoring the China Initiative, a Department of Justice program that existed between 2018 and 2022. The letter argues that the initiative led to the racial profiling and unjust prosecution of Chinese American and immigrant scholars, scientists, and researchers who were based in the United States.
On September 13, NAFSA submitted comments to USCIS regarding recent updates to the F student section of its Policy Manual. The feedback commends the agency for improving the language in important ways but provides several examples where further revisions are needed to correct inaccuracies or prevent misinterpretation. Primary among them is the new requirement that international students who qualify for study abroad for more than five months will need a new Form I-20 to re-enter the United States. NAFSA argues that this is contrary to many years of SEVP interpretation.
On September 25, 2024, the Biden-Harris administration launched the Young South Asian Leaders Initiative (YSALI), which will bring together youth from Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka demonstrating the United States’ continued commitment to global engage and empowering young people through exchanges and academic fellowships.
October 2024
The U.S. Department of Education, the Office of the Director of National Intelligence, and the Federal Bureau of Investigation (FBI)—in collaboration with an academic roundtable that included NAFSA—released a briefing to help U.S. colleges protect international students and scholars from potential foreign threats. Institutional leaders, faculty, and students are encouraged to share their questions or concerns with their local FBI field offices or online.
On October 16, NAFSA Executive Director and CEO Fanta Aw wrote a letter to U.S. Citizenship and Immigration Services (USCIS) Director Ur Jaddou urging the agency to "clarify that a student fully enrolled in an SEVP-certified school during a study abroad program may remain in Active SEVIS status and reenter the United States on that SEVIS record even if the study abroad program lasts more than 5 months." This is a follow-up letter to NAFSA's September 13 comments to USCIS on the agency's August 27 USCIS Policy Manual revisions.
On October 18, DHS published a Federal Register notice making SSR available to certain Lebanese F-1 students who were in the United States as of July 26, 2024 and "who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon." The SSR benefits, if granted, will be available through January 25, 2026.
The U.S. Department of Education formally announced in an October 21 court filing that it will rescind the Dear Colleague Letter from February 2023, which proposed expanding the definition of a third-party servicer. Initially signaled in July, this decision now officially reverses the guidance that would have classified companies involved in student recruiting, retention, and educational content as “third-party servicers,” subjecting them to strict federal reporting requirements.
On October 28, NAFSA sent a letter to House State, Foreign Operations, and Related Programs Appropriations Subcommittee leaders to support funding for the IDEAS (Increase and Diversify Education Abroad for U.S. Students) grant program in the final Fiscal 2025 State, Foreign Operations, and Related Programs appropriations bill. The letter urges the House to support the Senate’s recommendation of $5 million in funding for the program in the final bill, which will be taken up by Congress during the lame duck session following the election.
November 2024
On November 8, NAFSA hosted a postelection Town Hall, in which panelists talked pragmatically about what to expect from a second Trump administration and where the concerns and the opportunities lie regarding international education issues.
NAFSA, in partnership with JB International, released its latest analysis of the economic contributions of international students to the U.S. economy, which shows that during the 2023-2024 academic year, international students studying at U.S. colleges and universities contributed $43.8 billion to the U.S. economy and supported 378,175 jobs.
NAFSA partnered with Studyportals and Oxford Test of English to produce the Global Enrolment Benchmark Report. Drawn from the survey responses of 365 institutions across 66 countries, the report highlights international student enrollment compared with the previous year, and the outlook for the next 12 months.
Following NAFSA liaison and advocacy on the matter, on November 26 USCIS updated its Policy Manual with a “technical correction” that removed a troublesome study abroad paragraph that had appeared in the August 27 revision to the Policy Manual, replacing it with: “For information about requirements for F-1 student participation in study abroad programs, see DHS’s Study in the States webpage.”
On November 27, the U.S State Department dropped its travel advisory level for China from level 3 “reconsider travel” to level two “exercise increased caution”. This action may allow for expanded travel to China among U.S. students, scholars, institutions, and providers.
December 2024
On December 6, NAFSA Executive Director and CEO Fanta Aw and Forum on Education Abroad President CEO Melissa Torres wrote to Italian Ambassador Mariangela Zappia regarding the new D visa fingerprinting requirements. NAFSA and the Forum advocate for restored batch processing, increased visa appointment capacity, and authorization for fingerprinting at honorary consulates or local police departments.
On December 9, DOS published a 2024 revision to the Exchange Visitor Skills List that determines whether some J-1 exchange visitors are subject to the INA 212(e) two-year home residence requirement if their skills are deemed necessary for the development of their country.
On December 17, NAFSA submitted a comment letter urging the federal government to ensure commercial health insurers cover all vaccines recommended by the Centers for Disease Control and Prevention, including travel-related vaccines, without cost sharing in order to address gaps that may hinder students studying abroad. If immediate changes aren't possible, NAFSA calls for prioritizing this issue in future regulations to promote broader vaccine access and support diverse education abroad participation and destinations.
On December 21, the U.S. Congress avoided a government shutdown by passing a bipartisan temporary government funding bill, ensuring federal agencies remain funded at their current levels until March 14. The bill was subsequently signed into law by President Joe Biden. Adding to an already busy agenda at the start of the 119th Congress, lawmakers will need to revisit budget discussions before the March deadline to determine a longer-term solution for the remainder of fiscal 2025, which runs through September 30.