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2023

Alternative Procedure for Remote I-9 Document Examination Beginning Aug. 1, 2023 for E-Verify Employers

July 26, 2023
Under normal I-9 rules, an employer must "physically examine" the documents an employee presents to establish identity and employment authorization. Generally, the employer examines these documents in the physical presence of the employee presenting them. Under Optional Alternative 1, effective for hires made on and after August 1, 2023, an E-Verify employer in good standing may choose to examine I-9 identity and employment authorization documents remotely if certain conditions are met.
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DHS Updates STEM Designated Degree Program List with Eight New Fields

July 12, 2023
DHS has added eight new fields in the latest revision to the DHS STEM Designated Degree Program List, effective July 12, 2023. The new fields are: Landscape Architecture (04.0601), Institutional Research (13.0608), Mechatronics, Robotics, and Automation Engineering Technology/Technician (15.0407), Composite Materials Technology/Technician (15.0617), Linguistics and Computer Science (30.4801), Developmental and Adolescent Psychology (42.2710), Geospatial Intelligence (43.0407), and Demography and Population Studies (45.0501). There is an annual deadline of August 1 for interested parties to nominate new CIP codes for the DHS STEM Designated Degree Program List. The next annual deadline is August 1, 2023.
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OFLC July 11, 2023 Webinar on Prevailing Wage Filing Trends and Tips

July 10, 2023
"OFLC's National Prevailing Wage Center will host a two-hour webinar on Tuesday, July 11, 2023, to provide general filing tips and trends for the Prevailing Wage Determination process in the Permanent and Labor Condition Application programs. Please be advised the webinar is available to a maximum of 1000 participants but will be recorded and posted to our website for future reference."
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Immigration Updates in the Spring 2023 Regulatory Agenda

June 16, 2023
The Spring 2023 regulatory agenda was posted on Reginfo.gov on June 14, 2023. NAFSA has updated it compilation of immigration-related regulatory actions most relevant to institutions that invite international students and scholars to the United States.
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USCIS Announces June 2023 Phase-In of Premium Processing for COS to F-1, F-2, M-1, M-2, J-1, or J-2 Status

June 12, 2023
USCIS announced on June 12, 2023 the following implementing timeline for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status: "Beginning June 13, USCIS will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status; Beginning June 26, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539."
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USCIS Adds Basic J-1 Exchange Visitor Information to USCIS Policy Manual

June 12, 2023
USCIS has added basic information on J-1 exchange visitors to the USCIS Policy Manual, in a new Part D, Exchange Visitors (J). According to a USCIS Policy Alert, the new Policy Manual entry: "Provides general information about the exchange visitor (J) visa classification and explains USCIS’ role in adjudicating change of status requests and applications for employment authorization for J-2 family members" and "Explains the INA 212(e) foreign residence requirement and provides information about USCIS’ adjudication of available waivers, including for foreign medical graduates."
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EVP Guidance Directive 2023-01 Ends COVID-19 Flexibilities But Introduces New Interpretations on Hybrid or Virtual Work and Learning

June 10, 2023
A June 9, 2023 BridgeUSA Guidance Directive ends ECA's temporary COVID-19 flexibilities for J-1 exchange programs and participants effective July 1, 2023, but introduces new interpretations on hybrid or virtual work and learning.
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USCIS Changes I-129 Filing Address for TN Petitions from VSC to TSC

June 7, 2023
On June 5, 2023, USCIS changed the service center filing location for filing Form I-129 TN free trade petitions (for noncitizens from Canada and Mexico), from the Vermont Service Center (VSC) to the Texas Service Center (TSC). USCIS will continue to accept TN Forms I-129 filed at the VSC during a 60-day grace period, but will reject TN I-129 petitions filed at the VSC after the grace period. Despite the grace period, Form I-129 TN filers should begin now filing their petitions at the TSC address listed on the USCIS Form I-129 Direct Filing Addresses page.
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E-Verify Records Disposal Scheduled for June 24, 2023

June 6, 2023
An E-Verify website news item notifies E-Verify users of the planned disposal of E-Verify records that were last updated on or before December 31, 2012: "E-Verify Records Disposal - On June 24, 2023, USCIS will dispose of E‑Verify records that are more than 10 years old, which are those last updated on or before Dec. 31, 2012. E‑Verify employers have until June 23, 2023, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases. Employers who have not already done so must record the E‑Verify case verification number on the corresponding Form I‑9, Employment Eligibility Verification, or attach a copy of the case details page to the Form I‑9. Employers should retain the Historic Records Report with the Forms I‑9. For more information and guidance on downloading the Historic Records Report, see the fact sheet (PDF) and instructions for downloading (PDF)."
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NAFSA Annual Conference Government Current Issues Sessions Slides

June 6, 2023
NAFSA members have access to the slides from the agency-focused "Current issues" sessions presented at the 2023 NAFSA Annual Conference.
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