On December 20, 2021, DOS updated the FAM to restore helpful distinctions to the residence abroad requirement for F students. Restoration of this guidance was one of NAFSA's specific recommendations to DOS.

Effective December 22, 2021, DHS withdrew the January 8, 2021 rule that would have replaced the current random selection process for H-1B cap-subject registrations with a system that gave preference to higher wage earners.

On December 21, 2021, President Biden signed into law the Responsible Education Mitigating Options and Technical Extensions (REMOTE) Act, which amended veterans benefits provisions to once again allow schools to engage in incentive-based arrangements to recruit foreign students not eligible for Federal financial student aid without impacting the schools' eligibility to participate in veterans benefits programs.

The Fall 2021 Regulatory Agenda has been published on regulations.gov, showing the regulatory actions that the agencies expect to work on within the next 12 months. Read NAFSA's compilation of the immigration-related regulatory actions most relevant to institutions that invite international students and scholars to the United States.

Starting December 6, 2021, the COVID viral test required by the CDC for all air travelers must be taken no more than 1 day before flights destined for the United States, regardless of vaccination status.

In response to concerns over the COVID-19 Omicron variant, a new Presidential Proclamation restricts entry to the United States by most noncitizens who have been in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, or Zimbabwe in the 14-day period before their entry or attempted entry to the United States, with limited exceptions. The proclamation is effective on November 29, 2021.

On November 26, 2021 DHS will publish a Special Student Relief (SSR) notice for certain F-1 students who "are Hong Kong residents, regardless of country of birth." See NAFSA's page for links and background on SSR.

On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (H.R. 5376). The bill now heads to the U.S. Senate for consideration. A detailed analysis on the specific immigration provisions in the bill, including related supplemental fees, and next steps is now available to NAFSA members.

SEVP's November 15, 2021 Broadcast Message 2111-03, "Reminders for Designated School Officials to Assist F-1 Students with Applying for Optional Practical Training," asks DSOs to "ensure that students who apply for OPT are aware of" the requirement to obtain a DSO's OPT recommendation and updated OPT I-20 before submitting an OPT application to USCIS.

A summary highlighting the top issues reported through NAFSA IssueNet during Fall 2021 is now available.