The Bureau of Labor Statistics (BLS) changed the name of its wage survey program from Occupational Employment Statistics (OES) to Occupational Employment and Wage Statistics (OEWS), effective March 31, 2021. See the news item on the BLS page at https://www.bls.gov/oes/.

The Department of State confirmed that former President Trump's Proclamation 10052 expired on March 31, 2021. As of April 1, 2021, President Biden had not renewed or replaced it. The proclamation had suspended entry of certain H, J, and L nonimmigrants.

On April 2, 2021, DOL will publish in the Federal Register a 60-day request for information on sources of data and methodologies for determining prevailing wage levels, to "inform and be considered by the Department as it reviews the final rule" that would change how DOL computes Level I through Level IV wage rates when it uses Occupational Employment Statistics (OES) wage data to make a National Prevailing Wage Center (NPWC) prevailing wage determination or to certify an LCA that relies on OES wage data.

In a March 30, 2021 news alert, USCIS notified the public that it had conducted its random selection of H-1B cap-subject registrations received during the initial registration period, and notified employers of the registrations that were selected.

The Department of Homeland Security's Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) invites stakeholders to participate in a webinar to discuss USCIS' Online Filing (E-Filing) and Customer Service Tools on March 31, 2021 from 3:30 p.m. to 5:00 p.m. ET. NAFSA has asked them to address the topic of filing Form I-765 online. Please remember to register with an RSVP to the CIS Ombdusman's Office via the email link on the webinar page if you plan to attend.

On March 19, 2021, USCIS updated its Forms Updates page to alert the public that it updated several immigration forms, including some that may be frequently encountered in the higher education context, such as Form I-129, Form I-539, and Form I-485. Other forms have been updated as well. Consult the USCIS Forms Updates page for the full list of updated forms and usage deadlines. The updated forms, with edition date 03/10/21, must be used starting April 19, 2021.

In the 2020 SEVIS by the Numbers report (March 19, 2021), SEVP notes that "The outbreak of COVID-19 in 2019 impacted international student enrollment in the United States in 2020. The total number of SEVIS records for active F-1 and M-1 students was 1,251,569 in calendar year 2020, a decrease of 17.86 percent from calendar year 2019."

On March 22, 2021, DOL will propose further delaying by 18 months its OES data prevailing wage determination rule. If the proposed rule becomes final, the new effective date would be November 14, 2022, the Step 1 transition phase would begin on January 1, 2023, and the other transition dates would also be delayed accordingly.

U.S. Citizenship and Immigration Services (USCIS) announced that it may "reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda."

On March 12, 2021, the Department of Labor (DOL) delayed the effective date of its final rule that will change how DOL computes Level I through Level IV wage rates when it uses Occupational Employment Statistics (OES) wage data to make a National Prevailing Wage Center (NPWC) prevailing wage determination or to certify an LCA that relies on OES wage data. The rule, promulgated under the Trump administration, originally had an effective date of March 15, 2021. That date has been delayed until May 14, 2021, with a transitional implementation plan that begins July 1, 2021.