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2020

DOS ECA Guidance on Exchange Visitor Program Online Class and Telework Reponses to COVID-19

March 11, 2020
In a March 11, 2020 email to J-1 exchange visitor program sponsors the Department of State Exchange Visitor Program advised: "We anticipate a range of changes to program circumstances that will affect exchange visitors. ECA asks sponsors and exchange visitors to consult with host organizations to seek alternative ways to maintain program objectives and/or employment, such as telework, online classes, or other arrangements, while preventing unnecessary exposure to the disease and its spread. A temporary modification along these lines for exigent circumstances beyond a sponsor’s or host entity’s control does not undermine a program’s consistency with the regulations."
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CDC Clarifies Scope of Its March 1 Guidance

March 9, 2020
On March 9, 2020, CDC updated its March 1, 2020 guidance, now titled "Guidance for Institutions of Higher Education with Students Participating in International Travel or Study Abroad Programs," to clarify that it is meant to apply to education abroad programs, not to international students studying in the United States.
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SEVP Guidance on COVID-19 and Procedural Adaptations for F and M Students

March 9, 2020
On March 9, 2020, the Student and Exchange Visitor Program (SEVP) sent Broadcast Message 2003-01 (Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M nonimmigrant students) to SEVIS users, providing guidance on adaptations including online coursework and telework policies.
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NAFSA Advocates for Use of Online Study in Context of COVID-19

March 7, 2020
On March 5, 2020, NAFSA CEO Esther Brimmer contacted SEVP leadership and Bureau of Educational and Cultural Affairs (ECA) leadership about the COVID-19 contingency planning that institutions have been doing. She asked SEVP and ECA to recognize the recent guidance from the Department of Education (Guidance for interruptions of study related to Coronavirus (COVID-19)) and take a similar proactive approach by issuing guidance to the field on temporary closures and by modifying and adapting some current restrictions. She specifically requested that they enable schools facing temporary closure to use online and distance education delivery strategies to continue providing instruction without compromising school certification or students' and exchange visitors' SEVIS status or immigration status. She made several more detailed suggestions about this and also asked the agencies to consider every other possible measure within their authority to ameliorate potential problems for students and exchange visitors and their institutions. Both agencies responded the following day. SEVP stated that they anticipate SEVP guidance to be released shortly, which will be largely based off of the Department of Education guidance. ECA stated that they are closely monitoring the situation and will continue to provide guidance informed by common sense to mitigate potential adverse consequences.
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NAFSA Advisory on on Online and Distance Education Strategies in the Context of COVID-19

March 2, 2020
Using on-line or distance education modalities as part of a strategy to mitigate interruptions to coursework in response to COVID-19 has both academic implications, which apply to domestic and international students alike, and immigration questions, which apply to F-1, M-1, and J-1 students who are currently in the United States or who are outside the United States because they are subject to a bar on their entry or re-entry.
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USCIS Forms with Public Charge and Public Benefits Questions Required Starting February 24, 2020

February 24, 2020
Revised versions of applications and petitions affected by the U.S. Citizenship and Immigration Services (USCIS) final public charge rule must be used for all such forms postmarked on or after February 24, 2020. The revised versions of the affected forms and form instructions are now on each form's launch page. This includes frequently used forms like Form I-539, Form I-129, Form I-485, and Form I-912. See NAFSA’s Final Public Charge Rule page for links and more information.
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DOS Implements Its Public Charge Form and Interim Final Rule on February 24, 2020

February 24, 2020
On February 24, 2020, the Department of State (DOS) implemented its own interim final rule on the public charge ground of visa ineligibility with a related form. For nonimmigrants, DOS says in its Foreign Affairs Manual that a consular officer's "determination that an applicant qualifies for the NIV sought is generally sufficient to meet the requirements of INA 212(a)(4), absent evidence that gives you reason to believe that a public charge concern exists...."
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Court Issues Permanent Injunction on USCIS Unlawful Presence Policy

February 6, 2020
On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunction blocking the August 8, 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.
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Travel Ban 4.0

January 31, 2020
In Proclamation 9983 of January 31, 2020, the Trump administration expanded its travel ban to place visa and entry restrictions on travelers from six additional countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The new ban (Travel Ban 4.0) becomes effective at 12:01 eastern standard time on February 21, 2020. Travel Ban 4.0 contains restrictions on immigrants but not on nonimmigrants, so Travel Ban 4.0 will not impact acquisition of nonimmigrant visas like F-1 student, J-1 exchange visitor, H-1B worker, etc., or of admission to the United States in those categories. Meanwhile, Travel Ban 3.0 continues in effect on certain citizens of Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.
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USCIS Will Implement Public Charge Rule on February 24, 2020

January 31, 2020
USCIS announced that on February 24, 2020 it will implement its Inadmissibility on Public Charge Grounds final rule, including related revisions to key USCIS benefits request forms.
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