While this list is not all-encompassing, below is a selection of recent federal immigration developments. (Last Updated: February 1, 2023)
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While this list is not all-encompassing, below is a selection of recent federal immigration developments. (Last Updated: February 1, 2023)
On March 10, 2023, the U.S. Department of Homeland Security (DHS) posted a Federal Register Notice announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Somalia who are experiencing severe economic hardship as a result of the current crisis in Somalia. This notice redesignates Special Student Relief (SSR) to include eligible students who are in a lawful F-1 status as of March 18, 2023 and extends relief until Sept. 17, 2024.
U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of premium processing for certain F-1 students. For the first time, Form I-907, Request for Premium Processing Service, is also available to file online for students seeking optional practical training (OPT) or science, technology, engineering, and mathematics (STEM) OPT.
The update clarifies that in cases of severe economic hardship due to emergent circumstances, we may grant off-campus SSR employment authorization to an F-1 nonimmigrant student for the duration of the Federal Register notice validity period. This employment authorization may not extend past the student’s academic program end date. This update notes that we may issue employment authorization documents for the duration of the Federal Register notice, which is typically an 18-month validity period, as permitted by the relevant SSR Federal Register notice.
2/21/2023: F and M student visas can now be issued up to 365 days in advance
F and M student visas can now be issued up to 365 days in advance of the I-20 program start date, allowing more time for students to apply for a visa. Students are still not allowed to enter the U.S. on a student visa more than 30 days before their program start date.
1/26/2023: Deferred Enforced Departure for Certain Hong Kong Residents Extended
DED for certain Hong Kong residents has been extended for two years. Eligible Hong Kong residents include those who have arrived in the United States since Aug. 2021, as well as those who were covered under the initial decision. This extension provides Hong Kong residents who are concerned about returning to Hong Kong with temporary safe haven in the United States.
On Jan. 25, 2023, the U.S. Department of Homeland Security (DHS) posted a Federal Register Notice announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Haiti who are experiencing severe economic hardship as a result of the current crisis in Haiti. This notice redesignates Special Student Relief (SSR) to include eligible students who are in a lawful F-1 status as of Jan 26, 2023 and extends relief until Aug. 3, 2024.
1/24/2023: USCIS Extends COVID-19-related Flexibilities
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in certain requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023.
1/12/2023: Extension and Redesignation of Somalia for TPS
Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension of Temporary Protected Status (TPS) for Somalia for an additional 18 months, from March 18, 2023, through September 17, 2024. He also redesignated Somalia for TPS, allowing Somali nationals residing in the United States as of January 11, 2023 to apply for TPS, so long as they meet all eligibility requirements. The extension and redesignation of Somalia for TPS are due to ongoing armed conflict and extraordinary and temporary conditions that prevent Somali nationals from safely returning.
A soon-to-be-published Federal Register notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew Employment Authorization Documents (EADs), and for new applicants to submit an initial application under the redesignation and apply for an EAD.
On Jan. 5, 2023, the Department of Homeland Security (DHS) announced a safe and lawful way for qualifying Cubans, Haitians, and Nicaraguans with U.S.-based supporters to travel by air to and temporarily reside in the United States. Individuals arriving under this new process may also apply for work authorization. DHS also announced elimination of the numerical cap for a similar process for Venezuelans announced earlier this year.
This process will provide a lawful and streamlined way for qualifying nationals of Cuba, Haiti, and Nicaragua who are outside the United States and lacking U.S. entry documents to come to the United States. Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years, provided that they:
DHS will begin implementing these new processes for Cubans, Haitians, and Nicaraguans on Jan. 6, 2023. For additional information on the process and eligibility requirements, please see the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans page.
Helpful resource: What You Need to Know: Parole Programs for Haiti, Cuba, Nicaragua, and Venezuela (Presidents' Alliance on Higher Education and Immigration)
12/30/2022: DHS Announces TPS & Special Student Relief Benefits for Yemen
TPS:
The Department of Homeland Security announced the extension and redesignation of Yemen for Temporary Protected Status (TPS) for 18 months, from March 4, 2023, through Sept. 3, 2024, and posted a Federal Register Notice for public inspection.
The extension of TPS for Yemen allows current beneficiaries to re-register to retain TPS through Sept. 3, 2024. The redesignation of Yemen for TPS allows Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since Dec. 29, 2022, and continuously physically present in the United States since March 4, 2023, to file initial applications to obtain TPS.
Yemen’s 18-month designation will go into effect on March 4, 2023. The Federal Register notice explains the procedures necessary for an individual to re-register or submit an initial registration application under the redesignation and to apply for an Employment Authorization Document.
Special Student Relief: On Dec. 30, 2022, the U.S. Department of Homeland Security (DHS) posted a Federal Register Notice announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Yemen who are experiencing severe economic hardship as a result of the humanitarian crisis in Yemen. This notice redesignates Special Student Relief (SSR) to include eligible students who are in a lawful F-1 status as of Jan. 3, 2023 and extends relief until Sept. 3, 2024.
12/23/2022: DOS Extends Interview Waivers for Certain Nonimmigrants
Consular officers are authorized, through December 31, 2023, to continue to waive in-person interviews on a case-by-case basis for certain first-time and/or renewing applicants. These categories of visas are for Temporary Agricultural and Non-Agricultural Workers (H-2 visas), Students (F and M visas), and Academic Exchange Visitors (academic J visas), and certain beneficiaries of approved individual petitions for nonimmigrant temporary worker visas in the following categories: Persons in Specialty Occupations (H-1B visas), Trainee or Special Education Visitors (H-3 visas), Intracompany Transferees (L visas), Individuals with Extraordinary Ability or Achievement (O visas), Athletes, Artists, and Entertainers (P visas), and Participants in International Cultural Exchange Programs (Q visas); and qualifying derivatives. These waivers are authorized by a determination of the Secretary of State with the concurrence of the Department of Homeland Security.
12/9/2022: DHS Announces Special Student Relief Benefits for Ethiopia
On Dec. 9, 2022, the U.S. Department of Homeland Security (DHS) posted a Federal Register Notice announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Ethiopia who are experiencing severe economic hardship as a result of the current crisis in Ethiopia.
12/5/2022: Extension and Redesignation of TPS for Haiti
Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension of Temporary Protected Status (TPS) for Haiti for an additional 18 months, from February 4, 2023, through August 3, 2024, due to extraordinary and temporary conditions in Haiti. He also redesignated Haiti for TPS, allowing Haitian nationals residing in the United States as of November 6, 2022, to apply for TPS through August 3, 2024, so long as they meet all eligibility requirements. It is important to note that Haitians entering the United States after November 6, 2022, are not eligible for TPS and, like other individuals without a legal basis to remain in the United States, will be subject to removal. To repeat: Haitians entering the United States after November 6, 2022, including those who might be considering entering now, are not eligible for TPS.
TPS beneficiaries under the designations for El Salvador, Honduras, Nicaragua, and Nepal, as well as the 2011 Haiti designation and the 2013 Sudan designation will retain their TPS while the preliminary injunction in Ramos and the stay of proceedings order in Bhattarai remain in effect, provided they continue to meet all the individual requirements for TPS eligibility. The automatic extension of TPS-related documentation includes specified Employment Authorization Documents (EADs) through June 30, 2024.
10/21/2022: DHS Designates Ethiopia for Temporary Protected Status
The Department of Homeland Security announced the designation of Ethiopia for temporary protected status (TPS) for 18 months. Only individuals who were already residing in the United States as of October 20, 2022, will be eligible for TPS.
This is the first TPS designation for Ethiopia. The 18-month designation will be effective on the publication date of the forthcoming Federal Register notice, which will provide instructions for applying for TPS and work authorization. TPS applicants must meet all eligibility requirements and undergo security and background checks.
9/26/2022: Burma/Myanmar Special Student Relief and Temporary Protected Status Redesignations and Extensions
On Sept. 26, 2022, the Department of Homeland Security posted for public inspection a Federal Register notice extending and redesignating Temporary Protected Status (TPS) for Burma for 18 months.
Special Student Relief (SSR) has been redesignated to include eligible students who are in a lawful F-1 status as of Sept. 27, 2022 and extends relief until May 25, 2024.
9/8/2022: DHS Publishes Final Rule Clarifying Public Charge Inadmissibility
The U.S. Department of Homeland Security (DHS) has announced a final rule on the public charge ground of inadmissibility that will help reduce fear and confusion among immigrants and U.S. citizens and ensure fair and consistent adjudications for those seeking admission at ports of entry or adjustment of status to lawful permanent resident inside the United States.
Background
Since March 9, 2021, DHS has been applying the public charge ground of inadmissibility consistent with the 1999 Interim Field Guidance, the policy that was in place for two decades before the 2019 public charge final rule was implemented. DHS removed references to the 2019 public charge final rule from the Code of Federal Regulations on March 9, 2021, after a federal court order vacating the rule went into effect.
DHS received approximately 220 comments after publishing the Notice of Proposed Rulemaking. DHS also obtained early feedback through listening sessions and an Advance Notice of Public Rulemaking. DHS carefully considered all public comments and feedback before publishing a final rule. Many of these comments emphasized the importance of limiting the previously widespread disenrollment in public benefits by noncitizens and their family members, even those who were not subject to the public charge ground of inadmissibility.
Final Rule Overview
Under the rule, which is effective 105 days after it is published in the Federal Register, a noncitizen would be considered likely at any time to become a public charge if DHS determines that they are likely at any time to become primarily dependent on the government for subsistence. This determination will be based on:
Most noncitizens who are eligible for public benefits are not subject to the public charge ground of inadmissibility. The final rule would generally not affect noncitizens who have already become lawful permanent residents, as they are generally not subject to public charge inadmissibility determinations. Some categories of noncitizens are exempt from the public charge ground of inadmissibility, including refugees, asylees, noncitizens applying for or re-registering for Temporary Protected Status, special immigration juveniles, T and U nonimmigrants, and self-petitioners under the Violence Against Women Act. The rule includes a list of the categories exempted by Congress from the public charge ground of inadmissibility.
Additional Information
DHS will develop a Policy Manual update to help USCIS officers apply this regulation fairly and consistently and to better inform the public about how the rule will be implemented. DHS will also conduct public outreach and engagements to minimize the risk of confusion or chilling effects among both noncitizens and U.S. citizens.
9/7/22: Re-Registration for Current Venezuela TPS Beneficiaries
The Department of Homeland Security (DHS) posted for public inspection a Federal Register notice describing how beneficiaries under Venezuela’s existing TPS designation can re-register to retain TPS and renew their Employment Authorization Documents (EADs). Secretary of Homeland Security Alejandro N. Mayorkas previously announced the 18-month extension of the designation of Venezuela for TPS.
Only beneficiaries of the initial designation of Venezuela for TPS who were already residing in the United States in March 2021 are eligible to re-register for TPS and apply to renew their EADs, if they otherwise continue to meet eligibility requirements. Individuals re-registering must do so during the 60-day re-registration period from Sept. 8, 2022 to Nov. 7, 2022. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.
Given the time frames involved with processing TPS re-registration applications, DHS recognizes that not all re-registrants may receive new EADs before their current EADs expire on Sept. 9, 2022. The Federal Register notice automatically extends the validity of EADs previously issued under the TPS designation of Venezuela through Sept. 9, 2023.
9/2/22: Employment Authorization and DED for Liberia
U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice for the extension and expansion of eligibility for Deferred Enforced Departure (DED) for Liberians and explaining how eligible Liberians may apply for Employment Authorization Documents (EADs).
Eligible Liberian nationals covered under DED as of June 30, 2022, may remain in the United States through June 30, 2024.
8/24/2022: DHS Issues Regulation to Preserve and Fortify DACA
Homeland Security Secretary Alejandro N. Mayorkas announced that the Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit. Since its inception in 2012, DACA has allowed over 800,000 young people to remain in the only country many of them have ever known, with their families.
8/2/2022: Syria Special Student Relief and Temporary Protected Status Redesignations and Extensions
SSR will be effective from October 1, 2022, until April 1, 2024. (Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Civil War in Syria Since March 2011.)
The 18-month extension of Syria's designation for TPS is effective on October 1, 2022, until March 31, 2024. The extension impacts existing beneficiaries of TPS. (Extension and Redesignation of Syria for Temporary Protected Status.)
7/11/2022: Extension of TPS for Venezuela
Secretary of Homeland Security Alejandro N. Mayorkas is extending the designation of Venezuela for Temporary Protected Status (TPS) for 18 months.
6/7/2022: DHS Announces Special Student Relief Employment Benefits for Cameroon
On June 7, 2022, the U.S. Department of Homeland Security (DHS) published a Federal Register Notice announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Cameroon who are experiencing severe economic hardship as a result of the crises in Cameroon.
5/19/2022: DHS Announces Special Student Relief Employment Benefits for Afghanistan
On May 19, 2022, the U.S. Department of Homeland Security (DHS) posted a Federal Register Notice announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Afghanistan who are experiencing severe economic hardship as a result of the current situation in Afghanistan.
4/18/2022: SEVP Continues Pandemic Guidance for the 2022-2023 Academic Year
The Student and Exchange Visitor Program (SEVP) will extend the guidance originally issued in March 2020 for the 2022-23 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad.
4/18/2022: DHS Announces Special Student Relief Employment Benefits to Ukrainian and Sudanese Students Experiencing Severe Economic Hardship
On April 18, 2022, the U.S. Department of Homeland Security (DHS) posted Federal Register Notices announcing the suspension of certain regulatory requirements for F-1 nonimmigrant students from Ukraine and Sudan who are experiencing severe economic hardship as a result of emergent circumstances in their country of citizenship.
4/15/2022: DHS Designates Cameroon for Temporary Protected Status for 18 Months
The Department of Homeland Security (DHS) has announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD).
4/12/2022: USCIS Announces Online Filing for DACA Renewal Forms
Individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. (Final rule: Implementation of the Emergency Stopgap USCIS Stabilization Act)
3/24/2022: DHS and DOJ Issue Rule to Efficiently and Fairly Process Asylum Claims
On March 24, 2022, the Departments of Homeland Security and Justice announced an interim final rule to “improve and expedite processing of asylum claims made by noncitizens subject to expedited removal, ensuring that those who are eligible for asylum are granted relief quickly, and those who are not are promptly removed.”
3/16/2022: DHS Designates Afghanistan for Temporary Protected Status
The Department of Homeland Security (DHS) today announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS.
On March 2, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register that provides Special Student Relief (SSR) employment benefits for F-1 nonimmigrant students from South Sudan who are experiencing severe economic hardship as a result of humanitarian crisis in their country of citizenship. This notice will temporarily suspend applicable on-campus and off-campus employment regulations for eligible South Sudanese students beginning on March 3, 2022, until November 23, 2023.
3/3/2022: Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 Months
The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.
“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
3/3/2022: Designation of Sudan and Extension and Redesignation of South Sudan for TPS
The Department of Homeland Security (DHS) announced a new 18-month designation of Sudan for Temporary Protected Status (TPS) that will become effective upon publication of an upcoming Federal Register Notice (FRN). DHS also announced the extension and redesignation of South Sudan for TPS for 18 months, effective May 3, 2022, through November 3, 2023. An FRN providing further information on TPS for South Sudan was posted for public inspection today.
2/17/2022: DHS Proposes Fair and Humane Public Charge Rule
The Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would regulate how DHS applies the public charge ground of inadmissibility. The proposed rule would provide fair and humane treatment for noncitizens requesting admission to the United States or applying for lawful permanent residence from within the United States.
Starting today, USCIS will generally grant new and renewed EADs that are valid for two years to applicants in the following categories:
Additionally, USCIS will generally grant new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:
Increasing the maximum validity period that may be provided on EADs for these categories will help ease processing backlogs by reducing the frequency and number of times these applicants must renew their EADs and will help prevent gaps in employment authorization and documentation.
1/21/2022: DHS Adds 22 Fields to STEM Designated Degree Program List
A Federal Register notice published January 21, 2022 announced that DHS "is amending the DHS STEM Designated Degree Program List by adding 22 qualifying fields of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for each." See 87 FR 3317 (January 21, 2022). The list controls which F-1 students are eligible to apply for a 24-month extension of their Optional Practical Training (OPT). See the current DHS STEM Designated Degree Program List on the ICE website, to which the additional fields will be added.
1/12/2022: Reestablishment of the Homeland Security Academic Advisory Council
The Secretary of Homeland Security (Secretary) is reestablishing the Homeland Security Academic Advisory Council (HSAAC), a discretionary federal advisory committee. The primary purpose of the HSAAC will be to provide advice and recommendations to the Secretary and DHS senior leadership on matters related to homeland security and the academic community.
11/26/2021: Special Student Relief extended to citizens of Hong Kong
On November 26, 2021, the U.S. Department of Homeland Security (DHS) posted a Federal Register notice announcing that certain regulatory requirements will be suspended for F-1 nonimmigrant students from Hong Kong who are experiencing severe economic hardship as a result of the emergent circumstances in Hong Kong.
10/29/2021: DHS Bars Immigration Enforcement in "Protected Areas"
On October 27, DHS Secretary Alejandro Mayorkas issued a set of guidelines for immigration officers, protecting certain areas, including schools (including colleges and universities), hospitals, parades and places of worship, from immigration arrests or other types of immigration enforcement "to the fullest extend possible."
10/25/2021: Travelers to the US must be vaccinated starting November 8
In late October, the White House announced that current regional travel restrictions will be lifted on November 8, 2021, and replaced with a requirement that noncitizen travelers entering the U.S. by air must be fully vaccinated, with some limited exceptions. A negative result from a COVID-19 test taken shortly before departure will also be required.
10/20/21: Deferred Enforced Departure for Certain Hong Kong Residents
The Department of Homeland Security today published a Federal Register notice (FRN) establishing procedures for eligible Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for employment authorization through Feb. 5, 2023.
10/8/2021: FY2022 Refugee Cap Raised from 15,000 to 125,000
The Biden administration formally announced the presidential determination on refugee admissions for FY2022, officially raising the cap from 15,000 (a record low) to 125,000 for the year.
9/30/2021: DHS issues new arrest and deportation guidelines to immigration agents
On September 30, DHS Secretary Alejandro Mayorkas issued a set of guidelines for immigration officers, emphasizing that being undocumented “should not alone be the basis” of an immigration officer's decision to detain and deport an individual. The memo goes into effect November 29, 2021.
9/28/2021: Notice of Proposed Rulemaking on DACA
A notice of proposed rulemaking to preserve and fortify DACA was recently announced, echoing the "preserving and fortifying" language of the DACA-centered executive order on January 20, 2021.
The Department of Homeland Security today published a Federal Register notice (FRN) announcing that it is automatically extending the validity of TPS-related documentation for beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through Dec. 31, 2022.
9/2/2021: Federal Court rules that turning back asylum seekers at Southern Border is unlawful
A federal judge declared unlawful the U.S. government’s turnbacks of asylum seekers arriving at ports of entry along the U.S southern border. The court ruled that the United States is required by law to inspect and process asylum seekers when they present themselves at ports of entry, and condemned the practice of denying access to the asylum process through metering and similar practices.
8/5/2021: Deferred Removal for Certain Hong Kong Residents
Secretary of Homeland Security Alejandro Mayorkas announced Deferred Enforced Departure would be provided to eligible Hong Kong residents in the United States. President Biden issued a memorandum directing the Department of Homeland Security to “take appropriate measures to defer for 18 months the removal for Hong Kong residents presently in the United States.” Such residents “may also seek employment authorization through U.S. Citizenship and Immigration Services,” he said.
Secretary Mayorkas said the decision was made “based on the ongoing assault on democracy, and rights and freedoms in Hong Kong by the People’s Republic of China.”
8/4/2021: Extension of Initial Registration Period for TPS (Venezuela, Burma/Myanmar, Syria)
The Department of Homeland Security today published a Federal Register notice (FRN) announcing extensions of the initial registration periods from 180 days to 18 months for initial (new) applicants under the Temporary Protected Status (TPS) designations of Venezuela and Burma as well as the redesignation of Syria. The FRN also provides certain specific corrections to the FRN regarding Venezuela (86 FR 13574).
7/30/2021: Special Student Relief extended to citizens of Haiti
On July 30, 2021, the U.S. Department of Homeland Security (DHS) posted a Federal Register notice announcing that, beginning on Aug. 3, 2021, certain regulatory requirements will be suspended for F-1 nonimmigrant students from Haiti who are experiencing severe economic hardship as a result of the current crisis in the country.
7/30/2021: DHS announces open Designation of Haiti for Temporary Protected Status (TPS)
The Department of Homeland Security today posted for public inspection a Federal Register notice newly designating Haiti for Temporary Protected Status (TPS) for 18 months, effective Aug. 3, 2021, through Feb. 3, 2023.
7/29/2021: USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT
On July 23, 2021, the District Court for the Southern District of Ohio entered a Consent Order in Li v. U.S. Citizenship and Immigration Services, Case No. 2:21-CV-0677. Based on the Consent Order, USCIS extended flexibilities for certain foreign students filing Form I-765, Application for Employment Authorization for post-completion optional practical training (OPT) or science, technology, engineering, and mathematics (STEM) OPT.
7/26/2021: DOS and DOE issue joint Commitment to International Education
The US Department of State and Department of Education issued a joint statement, the first in over twenty years, Reengaging the World to Make the United States Stronger at Home: A Renewed U.S. Commitment to International Education.
7/21/2021: Special Student Relief extended to citizens of Somalia
On July 21, 2021, the U.S. Department of Homeland Security (DHS) posted a Federal Register notice announcing that, beginning on Sept. 18, 2021, certain regulatory requirements will be suspended for F-1 nonimmigrant students from Somalia who are experiencing severe economic hardship as a result of the current crisis in the country.
7/20/2021: USCIS makes it easier for F-1 international students to change status within the U.S.
USCIS has eliminated its prior policy requiring applicants applying for a change of status to F-1 to file bridge applications while their COS applications were pending.
7/19/2021: DHS announces extension and redesignation of Somalia for Temporary Protected Status
Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Somalia for Temporary Protected Status (TPS). This extension and re-designation will be in effect from September 18, 2021, through March 17, 2023.
7/16/2021: Texas Court Rules DACA Program Unlawful
A Texas Federal District Court in the 5th Circuit ruled that the DACA program is unlawful; the USCIS may continue to accept and approve DACA renewals; and accept but not approve initial DACA requests.
7/8/2021: Special Student Relief extended to citizens of Yemen
On July 8, 2021, the U.S. Department of Homeland Security (DHS) posted a Federal Register notice announcing that, beginning on Sept. 4, 2021, certain regulatory requirements will be suspended for F-1 nonimmigrant students from Yemen who are experiencing severe economic hardship as a result of the current crisis in the country.
7/6/2021: DHS announces extension and redesignation of Yemen for Temporary Protected Status
Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Yemen for Temporary Protected Status (TPS). This extension and re-designation will be in effect from September 4, 2021, through March 3, 2023.
6/1/2021: A Proclamation on National Immigrant Heritage Month, 2021
The White House has announced June 2021 as National Immigrant Heritage Month, during which "we reaffirm and draw strength from that enduring identity and celebrate the history and achievements of immigrant communities across our Nation."
5/25/2021: Special Student Relief extended to citizens of Burma/Myanmar
On May 25 2021, the U.S. Department of Homeland Security published a notice about Special Student Relief (SSR) for F-1 students from Burma/Myanmar. The full notice can be read at Employment Authorization for Burmese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Burma (Myanmar).
5/25/2021: DHS announces open registration for Temporary Protected Status for Burma/Myanmar
The Department of Homeland Security published a Federal Register notice designating Burma for Temporary Protected Status (TPS) for 18 months, effective May 25, 2021, through Nov. 25, 2022. Secretary of Homeland Security Alejandro N. Mayorkas previously announced on March 12 that Burma would be designated for TPS.
5/22/201: DHS Designates Haiti for Temporary Protected Status for 18 Months
On May 22, Secretary of Homeland Security Alejandro Mayorkas announced a new Temporary Protected Status (TPS) designation for Haiti for 18 months. Specific duration dates for the designation and instructions for applying for TPS will be included in the upcoming Federal Register notice on TPS Haiti.
5/14/2021: White House Rescinds the "No Health Insurance, No Green Card" Proclamation
Presidential Proclamation 9945 "Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans," which was introduced during the previous federal administration and which required noncitizens seeking to immigrate lawfully to have purchased health insurance coverage from a restrictive list of qualifying plans, has been revoked.
4/30/2021: DOS applies National Interest Exception eligibility to India
4/30/2021: Entry to the U.S. restricted for noncitizens within 14 days of being in India
Effective May 4, travel into the U.S. is prohibited for many individuals who have been in India within 14 days per A Proclamation on the Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019.
4/26/2021: DOS announces National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland
The U.S. Department of State (DOS) announced National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland, expanding certain national interest exception (NIE) eligibilities to all countries subject to US geographic COVID-19 entry bans.
4/22/2021: Special Student Relief extended to citizens of Venezuela and Syria
On April 22, 2021, the U.S. Department of Homeland Security released a notice about Special Student Relief (SSR) for F-1 students from Venezuela and Syria. The full notices can be read at Employment Authorization for Venezuelan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in Venezuela and Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011, respectiively.
4/21/2021: ICE and CBP ordered to stop using harmful language
Agency memos released by the acting heads of Immigration and Customs Enforcement (ICE), Tae Johnson, and Customs and Border Protection (CBP), Troy Miller, provude a series of terms to avoid and their preferred official substitutions.
"Illegal alien" is to be replaced by "undocumented noncitizen" or "undocumented individual," and instead of "assimilation," officers are expected to use "integration" or "civic integration," for example.
3/18/2021: Extension and redesignation of Syria for Temporary Protected Status (TPS)
The Department of Homeland Security is extending and re-designating Syria for Temporary Protected Status (TPS) for 18 months, effective March 31, 2021, through Sept. 30, 2022.
3/12/2021: Myanmar designated for Temporary Protected Status (TPS)
Secretary of Homeland Security Alejandro N. Mayorkas is designating Myanmar for Temporary Protected Status (TPS) for 18 months.
"In addition to demonstrating continuous residence in the United States since March 11, 2021, initial applicants for TPS under this designation must meet other eligibility criteria, which will be detailed in a forthcoming Federal Register notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation."
3/9/2021: The Public Charge Rule is Dropped
“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
U.S. Department of Homeland Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.
3/8/2021: Venezuela designated for Temporary Protected Status (TPS)
Secretary of Homeland Security Alejandro N. Mayorkas is designating Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. Eligible Venezuelans in the U.S. can apply for TPS during a 180-day registration period that begins March 9, 2021 and ends September 5, 2021.
2/25/2021: The U.S. Citizenship Act of 2021 Sent to Congress
This 353-page immigration bill contains more than can be succinctly outlined in one go, but has been lauded as a welcoming message to immigrants in the U.S., while offering a critical first attempt to reorient the current U.S. immigration system to new priorities. Provisions included have the potential to impact and expand access for international students, DACA recipients, undocumented students and families, among others. Read the Senate version of the legislation and the House version.
2/24/2021: Reversal of the Ban on New Immigrants to the U.S.
The previous administration’s “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” (PP 10014) was rescinded. With this reversal, applicants can once again pursue immigrant visas and enter the U.S. as immigrants.
2/2/2021: President Biden Outlines Steps to Reform Our Immigration System by Keeping Families Together, Addressing the Root Causes of Irregular Migration, and Streamlining the Legal Immigration System
“President Biden believes that immigrants are essential to who we are as a nation and critical to our aspirations for the future. The prior administration enacted hundreds of policies that run counter to our history and undermine America's character as a land of opportunity that is open and welcoming to all who come here seeking protection and opportunity….The order requires agencies to conduct a top-to-bottom review of recent regulations, policies, and guidance that have set up barriers to our legal immigration system. It also rescinds former President Trump's memorandum requiring family sponsors to repay the government if relatives receive public benefits, instructs the agencies to review the public charge rule and related policies, and streamline the naturalization process."
1/26/2021: The Words That Are In and Out With the Biden Administration
One thing that immediately jumps out at anyone reading communications from the Biden Administration is that the language marks a distinct shift from that of the previous administration. “Climate change” is referenced, pronouns are acknowledged, and “noncitizens” is used in place of harmful terminology. This inclusive language serves to acknowledge some of the most marginalized within our communities with more care.
1/26/2021: Biden dealt blow on 100-day deportation moratorium
"A federal judge in Texas on Tuesday blocked the Biden administration from enforcing a 100-day moratorium on most deportations, delivering an initial blow for President Joe Biden on one of his core campaign promises."
1/25/2021: Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)
This memo, and the immediacy of its publication, loudly signaled to immigrant students and families that the Biden administration would firmly support the DACA program. For many who hesitated to apply for DACA during the previous administration due to privacy and safety concerns, this messaging served as a renewed invitation. More tangibly, the memo directed the Secretary of Homeland Security to "take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA." On the heels of 2020, a year in which the Supreme Court upheld DACA, only to have DHS severely limit the issuance of DACA via policy changes, the clarity of this message was welcomed.
1/25/2021: South Africa Added to Presidential Proclamation Travel Restrictions on Novel Coronavirus
In Presidential Proclamation 10143, South Africa is added to the list of countries affected by COVID-19 U.S. travel restrictions. Travel to the United States by nonresidents who were physically present in Brazil, China, Iran, Ireland, the Schengen Area, the United Kingdom, and/or South Africa during the 14-day period prior to their planned entry or attempted entry to the United States is limited.
1/21/2021: Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census
By reversing a memorandum from the previous federal administration, this executive order signifies a shift in approach and recognition of undocumented immigrants as residents, regardless of status.
1/20/2021: Proclamation on Ending Discriminatory Bans on Entry to The United States
The reversal of the “travel ban” (aka “the Muslim and Africa ban”) is life-changing for those whose travel options have been extraordinarily limited for the last four years. Reversing the ban on President Biden’s first day in office also signals an intentional step away from the xenophobic approach that informed many of the federal policies issued during the previous administration.