DHS has extended its COVID-19 Form I-9 flexibilities until December 31, 2021, due to "ongoing precautions related to COVID-19."

On September 28, 2021, the Secretary of Homeland and Security, in consultation with the Secretary of State, designated Croatia for Visa Waiver Program (VWP) eligibility. A September 30, 2021 DHS final rule accordingly updated the list of VWP countries to include Croatia, effective December 1, 2021.

The California Northern District Court found that former acting Secretary of Homeland Security Chad Wolfe was not legally appointed to that position, and therefore had no authority to issue the H-1B cap “highest paid” lottery rule. The court remanded the issue back to DHS. See NAFSA's page for background on the rule and a link to the September 15, 2021 court decision.

A September 15, 2021 DOS Federal Register notice announces the Secretary of State's delegation of authority to the Assistant Secretary for Consular Affairs to make national interest determinations under the PRC "Military-Civil Fusion Strategy proclamation to exempt students and researchers who would be otherwise covered by the entry bar under that proclamation, but "whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."

The Department of State "has authorized consular officers through the end of 2021 to expand the categories of F, M, and 'academic J visa applicants' (students, professors, research scholars, short-term scholars, or specialists) whose applications can be adjudicated without an in-person interview in their consular district of residence, with certain exceptions." The policy covers "F, M, and academic J visa applicants who were previously issued any type of visa," as well as "first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program."

SEVP Broadcast Message 2109-01 (September 1, 2021), sent to "DSOs and PDSOs at SEVP-certified schools in Louisiana," asked all schools in the region impacted by Hurricane Ida, which made landfall on August 30, 2021, to respond via email as to whether the school was impacted by the hurricane. If yes, schools were also asked to indicate whether all their F-1 and M-1 students and their dependents were accounted for and the impact on students' full course of study.

On September 1, 2021, the Department of Labor's Office of Foreign Labor Certification (OFLC) made available "guidance regarding reasonable case accommodations in light of the damage done by Hurricane Ida."

USCIS has created a new Lockbox Filing Location Updates page on its website for customers to keep track of updates it makes to lockbox filing locations.

DHS has published an advance notice of proposed rulemaking (ANPRM) and notice of virtual public listening sessions "to seek broad public feedback on the public charge ground of inadmissibility that will inform its development of a future regulatory proposal." Comments are due by October 22, 2021.

On August 20, 2021, NAFSA and other associations and organizations urged four key agencies to fully include the English language program sector in the Biden administration's renewed commitment to international education. The joint statement was developed by NAFSA, EnglishUSA, TESOL, and UCIEP, with support from ACCET and CEA, and was sent to the Secretaries of the Departments of State, Homeland Security, Education, and Commerce.