USCIS has updated the USCIS Policy Manual with some helpful content on how it determines whether an applicant for change of status or adjustment of status has met the INA 212(e) foreign residence requirement.

On October 23, 2023, USCIS published a proposed rule titled Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers. Public comments are due on or before December 22, 2023.

A Department of Homeland Security (DHS) press release announced that starting October 19, 2023 eligible Israeli citizens and nationals can begin applying for ESTA authorization to travel to the United States under the Visa Waiver Program (VWP). Israel had been designated under the VWP effective September 26, 2023.

Make sure you're using the 8/01/2023 version of Form I-9 starting November 1, 2023. See USCIS's reminder.

A NAFSA page lists immigration and study abroad information resources relevant to individuals impacted by the Israel-Hamas Conflict.

In an October 18, 2023 letter to the Secretaries of State and Homeland Security, NAFSA asked the agencies to make permanent the authority of consular officers to waive in-person visa interviews for international students and certain employment-based nonimmigrant categories. That authority is set to expire on December 31, 2023. NAFSA requested in the alternative that the waiver authority be extended until the agencies produce and implement a plan to maintain and improve current visa interview appointment wait times.

An SEVP Broadcast Message informed SEVIS users that "On November 1, 2023, the Student and Exchange Visitor Program (SEVP) intends to reinstate the Student and Exchange Visitor Information System (SEVIS) function that automatically cancels certain U.S. Citizenship and Immigration Services (USCIS) requests if they remain in Requested status for more than 180 days." The job will cancel such records for Optional Practical Training (OPT) and Off-Campus Employment (OCE) requests that have been in SEVIS in "Requested" status for more than 180 days, but will not impact Reinstatement or Change of Status requests.

Effective October 1, 2023, USCIS changed the addresses for filing Form I-129 for O-1 petitions to the Texas Service Center. Previously, O-1 petitions were filed at either the Vermont or California Service Centers, depending on the petitioner’s principal place of business. There will be a 60-day grace period when USCIS will continue to accept O-1 filings at the prior locations. USCIS notes that "Form I-129 petitions seeking O classification filed at the California or Vermont Service center and postmarked on or after Dec. 1, 2023, will be rejected as improperly filed."

On October 2, 2023, the U.S. Supreme Court (SCOTUS) announced the denial of the certiorari petition filed by the Washington Alliance of Technical Workers (WashTech). This leaves in place the lower court decisions that support the Department of Homeland Security's authority to create and maintain its F-1 Optional Practical Training programs.

On September 18, 2023, the Office of the CIS Ombudsman posted a revised tip sheet titled How F-1 Students Seeking Optional Practical Training (OPT) Can Avoid Form I-765 Delays. The revision corrects an error on OPT filing deadlines in the prior tip sheet that NAFSA brought to the office's attention.