The Biden Administration posted the Spring 2021 Regulatory Agenda to Reginfo.gov on June 14, 2021. NAFSA has compiled the immigration-related regulatory actions most relevant to institutions that invite international students and scholars to the United States.

New rules expanding Name, Image and Likeness (NIL) compensation opportunities for students engaged in college sports raise the question of whether the Department of Homeland Security (DHS) would consider compensated NIL arrangements as "employment" for purposes of maintaining nonimmigrant status, and if so, whether the student athlete's immigration status permits such employment.

In the Spring 2021 regulatory agenda, DHS announced that it intends to withdraw the proposed rule to eliminate duration of status (D/S) that it had published on September 25, 2020.

A 06/10/21 USCIS news alert describes additional temporary filing flexibilities for benefits filers impacted by USCIS Lockbox delays. These flexibilities are in addition to the OPT filing flexibilities, still in effect, that were announced on February 26, 2021.

On June 10, 2021, NAFSA joined the American Council on Education (ACE) and other U.S higher ed organizations to request a briefing from the State Department on the implications of Proclamation 10043 on international students and scholars. The Trump-era proclamation, still in effect, suspends entry of certain Chinese students and researchers connected to the PRC "Military-Civil Fusion Strategy."

On June 9, 2021, USCIS updated the USCIS Policy Manual "to clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice of intent to deny (NOID) guidance; and increase the validity period for initial and renewal employment authorization documents (EADs)" for adjustment of status applicants.

Make the most of the NAFSA 2021 Annual Conference and Expo in your immigration or education abroad regulatory advising role, by registering for these workshops and attending these sessions!

The NAFSA Spring 2021 Immigration Review provides a brief overview of changes in immigration law, policy, procedure, and practice over the past 6 months as of May 14, 2021. Subjects include recent policy revisions affecting F students and J exchange visitors, scholar- and employment-based updates, cross-category topics, and a special emphasis on COVID-19-related developments.

On May 18, 2021, USCIS moved existing policy guidance on employment-based immigrant categories from the Adjudicator's Field Manual (AFM) into the USCIS Policy Manual. "This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 22.1 and 22.2 of the AFM, related appendices, and policy memoranda." The newly incorporated content is found at 6 USCIS-PM F.

The Department of Homeland Security will publish a Special Student Relief (SSR) notice for F-1 students from Myanmar, effective May 25, 2021 to November 25, 2022. NAFSA had requested the SSR benefit in a March 10, 2021 letter to SEVP.