Federal Immigration Updates

 

 

Federal Immigration Updates

 

 

Temporary Protected Status (TPS) for Ukraine

The Department of Homeland Security (DHS) announced on March 3, 2022 the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks. If you need to apply for TPS and work authorization, the instructions will be updated on the USCIS website here: https://www.uscis.gov/humanitarian/temporary-protected-status

NAFSA's Response to War on Ukraine

NAFSA: Association of International Educators is the world's largest and most diverse nonprofit association dedicated to international education and exchange, working to advance policies and practices that ensure a more interconnected, peaceful world today and for generations to come. NAFSA has compiled a web page with immigration resources to support Ukrainian students and scholars. 

Immigration Policy Updates:

  • DOS Allowing Waiver of F, M, J Visa Interviews
    The Department of State (DOS) will allow consular officers to waive the visa interview requirement for certain F, M, and academic J (students, professors, research scholars, short-term scholars, or specialists) visa applicants. Applicants whose visas may be waived are:
    • Applicants who were previously issued any type of visa, and who have never been refused a visa (unless such refusal was overcome or waived), and who have no apparent ineligibility or potential ineligibility; or
    • First-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility.

Note that the U.S. Secretary of State previously found F, M, and academic J visa applicants eligible for National Interest Exceptions (NIEs). New F or M visa applicants who are found to be qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel. J visa students and academics must contact their nearest embassy or consulate for an NIE ahead of traveling to the U.S.

  • USCIS No Longer Requiring Bridge Applications for F-1 Change of Status Applications 
    USCIS announced that it will no longer require persons applying to adjust status to that of F-1 to continuously apply for and maintain nonimmigrant status for up to 30 days before the program start listed on the Form I-20. USCIS will now only require that an applicant's nonimmigrant status be valid and expired at the time they submit their initial Form I-539 for change of status. For approvable change of status applications, USCIS will grant F-1 status to be effective on the date of approval. If such time is more than 30 days before the program start date listed on the Form I-20, the student must not engage in activities that may be considered a violation of F-1 status, such as engaging in unauthorized employment or attending classes.
     
  • DGE Response to Executive Order on New Chinese Graduate Students and Researchers. Here is what we now know and where we stand.

Special Student Relief

Special Student Relief (SSR) is the suspension of certain regulatory requirements by the secretary of the U.S. Department of Homeland Security (DHS) for an F‑1 student from parts of the world that are experiencing emergent circumstances. For more information, go to Study in the States.

  • F-1 Students from 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.

  • F-1 Students from South Sudan: On March 2, 2022, DHS announced employment authorization for certain South Sudanese F-1 nonimmigrant students who are facing severe economic hardship as a direct result of the humanitarian crisis in South Sudan. Read the full notice on the Federal Register to learn more about the employment authorization for F-1 nonimmigrant students from South Sudan. Visit Study in the States to learn more about Special Student Relief.

  • F-1 Students from Hong Kong: On Nov. 24, 2021, DHS announced an extension of employment authorization for certain Hong Kong F-1 nonimmigrant students who are facing severe economic hardship as a direct result of emergent circumstances in Hong Kong. Read the full notice on the Federal Register to learn more about the employment authorization for Hong Kong F-1 nonimmigrant students. Visit Study in the States to learn more about Special Student Relief.
     
  • F-1 Students from Haiti: On Jul. 30, 2021, DHS announced an extension of employment authorization for certain Haitian F-1 nonimmigrant students who are facing severe economic hardship beginning Aug. 3, 2021, as a direct result of the current crisis in the country. Read the full notice on the Federal Register to learn more about the employment authorization for Haitian F-1 nonimmigrant students. Visit Study in the States to learn more about Special Student Relief.
     
  • F-1 Students from Somalia: On Jul. 21, 2021, DHS announced an extension of employment authorization for certain Somali F-1 nonimmigrant students who are facing severe economic hardship beginning Sept. 18, 2021, as a direct result of the current crisis in the country. Read the full notice on the Federal Register to learn more about the employment authorization for Somali F-1 nonimmigrant students. Visit Study in the States to learn more about Special Student Relief. (updated: Jul. 2021)
     
  • F-1 Students from Yemen: On Jul. 8, 2021, DHS announced an extension of employment authorization for certain Yemeni F-1 nonimmigrant students who are facing severe economic hardship beginning Sept. 4, 2021, as a direct result of the current crisis in the country. Read the full notice on the Federal Register to learn more about the employment authorization for Yemeni F-1 nonimmigrant students. Visit Study in the States to learn more about Special Student Relief. (updated: Jul. 2021)
     
  • F-1 Students from Burma: On May 24, 2021, DHS announced employment authorization for certain Burmese F-1 nonimmigrant students who are facing severe economic hardship as a direct result of the current crisis in Burma. Read the full notice on the Federal Register to learn more about the employment authorization for F-1 nonimmigrant students from Burma. Visit Study in the States to learn more about Special Student Relief.
     
  • F-1 Students from Venezuela: On Apr. 22, 2021, DHS announced employment authorization for certain Venezuelan F-1 nonimmigrant students who are facing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela. Read the full notice on the Federal Register to learn more about the employment authorization for Venezuelan F-1 nonimmigrant students. Visit Study in the States to learn more about Special Student Relief. (updated: Apr. 2021)
     
  • F-1 Students from Syria: On Apr. 22, 2021, DHS announced an extension of employment authorization for certain Syrian F-1 nonimmigrant students who are facing severe economic hardship as a direct result of civil unrest in Syria since March 2011. Read the full notice on the Federal Register to learn more about the extension of employment authorization for Syrian F-1 nonimmigrant students. Visit Study in the States to learn more about Special Student Relief. (updated: Apr. 2021)
     
  • F-1 Students from Nepal: DHS announced an extension of employment authorization for certain Nepali F-1 nonimmigrant students who are facing severe economic hardship as a direct result of the Apr. 25, 2015, earthquake in Nepal. Visit Study in the States to learn more about the extension of employment authorization for Nepali F-1 students or read the full notice on the Federal Register(updated: Sep. 2018)

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