Adviser's Manual 360

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.

NAFSA submitted a comment letter to USCIS in response to a USCIS request for information titled "Identifying Barriers Across Benefits and Services." In its letter, NAFSA urges USCIS to "prioritize providing efficient and fair service, use available resources wisely and effectively, act as a good steward of funds paid by those seeking service, and allow for reasonable flexibility that favors the assumption of and maintenance of legal immigration status when available." The letter also includes specific suggestions, such as eliminating the "bridge application" policy for individuals changing to student status.

On May 11, 2021, the Department of Education (DoEd) released an updated set of Frequently Asked Questions (FAQs) on Higher Education Emergency Relief Fund III (HEERF III) grants under the American Rescue Plan Act of 2021. Notably, the FAQs reverse a narrow position that had been taken by DoEd under the former Trump administration, and the policy now allows "Childhood Arrival (DACA) recipients, other DREAMers, and similar undocumented students" as well as "international students" to receive HEERF grants.

The Department of Homeland Security extended until May 3, 2023 the deadline for having a REAL ID-compliant ID that can be used for entering federal facilities, boarding federally regulated commercial aircraft, or entering nuclear power plants.

On April 30, 2021, President Biden signed a proclamation effective May 4, 2021, which bars entry of travelers coming from India in a way similar to the previous geographic COVID-19 proclamations. On April 30, 2021 the Department of State included India in the National Interest Exception (NIE) policies that cover China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, and Ireland.