International Faculty, Staff, Researchers

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Document Date
DHS Proposes Changes to Public Charge Rules On October 10, 2018, the Department of Homeland Security (DHS) published a proposed rule entitled Inadmissibility on Public Charge Grounds. Public comments on the proposed rule must be submitted on or before December 10, 2018. Dec 13, 2018
Form ETA 9035 Labor Condition Application The Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) implemented a revised Form ETA 9035/9035E Labor Condition Application (LCA) and instructions (Form ETA 9035CP) on November 19, 2018. Nov 28, 2018
H Nonimmigrant Category Reform DHS is engaged in a number of initiatives that would narrow the use of the H-1B specialty occupation nonimmigrant category. NAFSA will update this page as information develops. Oct 17, 2018
Key Takeaways from the September 26, 2018 DOL OFLC Stakeholder Meeting The Employment-Based Subcommittee of NAFSA's  International Student and Scholar Regulatory Practice Committee (ISS RP)  developed this list of key takeaways for practitioners in higher education,  from notes taken at the Department of Labor Office of Foreign Labor  Certification (OFLC) Stakeholder meeting on PERM, H-1B and Prevailing Wage  issues, held in Washington, DC, on September 26, 2018. Oct 05, 2018
USCIS Expands Policy on Initiating Removal Proceedings A June 28, 2018, USCIS policy memorandum expands the conditions under which USCIS will issue a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to now include situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States." Oct 04, 2018
USCIS Reminder That F-1 Cap-Gap Work Authorization Expires September 30 In a September 28, 2108 news alert, USCIS reminded F-1 students who had received "cap-gap" extensions of their OPT, that their cap-gap employment authorization ends on September 30, 2018. The USCIS reminder included a warning that working beyond that date, unless supported by some other type of work authorization, constitutes a status violation that could trigger the accrual of unlawful presence. A status violation could also trigger issuance of a Notice to Appear, that could result in removal from the United States. Oct 01, 2018
USCIS RFE and NOID Policy A July 13, 2018 USCIS policy memo rescinds 2013 guidance on issuing Requests for Evidence, effective September 11, 2018. Sep 13, 2018
Notes from the September 6, 2018 CIS Ombudsman Teleconference on RFEs and NOIDs Notes from the September 6, 2018 USCIS Ombudsman teleconference on USCIS' new RFE policy. Sep 11, 2018
New Premium Processing Fee Effective October 1, 2018 USCIS raises the Form I-907 Premium Processing fee from $1,225 to $1,410, effective October 1, 2018. Aug 31, 2018
H-1B Cap Resource Page

Stay up to date on the FY 2019 H-1B cap filing season.

Aug 29, 2018
Discontinuance of Visa Issuance Under INA 243(d) The Trump administration has invoked INA 243(d) against Cambodia, Eritrea, and Sierra Leone, resulting in partial discontinuance of visa issuance at consular posts in those countries until they begin accepting their repatriated citizens to the satisfaction of the United States. Aug 28, 2018
Understanding and Responding to Recent USCIS Guidance on Unlawful Presence and Notices to Appear for Removal Proceedings A 2018 series of NAFSA presentations on the topic of recent USCIS guidance on unlawful presence for F, M, and J nonimmigrants, and Notices to Appear for removal proceedings. Jul 27, 2018
Key Takeaways from the June 5, 2018 DOL OFLC Stakeholder Meeting Key takeaways for practitioners in higher education, from notes taken at the Department of Labor Office of Foreign Labor Certification (OFLC) Stakeholder meeting on PERM, H-1B and Prevailing Wage issues, held in Chicago, IL, on June 5, 2018. Jul 19, 2018
Advising on Immigration Status Violations Advisers should follow their school's policy on encouraging students and scholars to consult with an experienced immigration lawyer whenever issues or circumstances involve a status violation, or the possibility that DHS or DOS might determine that a status violation has occurred either recently or in the past. Jul 16, 2018
Indefinite Entry Bar Under Executive Order NAFSA Advisory on "Travel Ban 3.0." Jun 26, 2018
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