Adviser's Manual 360

On December 12, 2022, the Department of Homeland Security (DHS) will publish an interim final rule that will "remove obsolete information, correct typographical errors, update references and citations, and make minor clarifications to regulatory language" in the regulations governing F, M, and J nonimmigrants. The rule will go into effect on December 12.

In a November 15, 2022 email to J-1 exchange visitor program Responsible Officers (ROs) and Alternate Responsible Officers (AROs), the Department of State's BridgeUSA office reminded ROs and AROs "of appropriate academic training placements for J-1 college and university students" and summarized the Department's existing guidance on several aspects J-1 academic training scope and exchange program sponsor responsibilities.

The Office of Management and Budget (OMB) completed its review of a final USCIS fee rule on November 29, 2022, clearing the way for USCIS to publish the rule in the Federal Register. NAFSA tracks the status of the rule on its Rulemaking on USCIS Fees page.

On November 15, 2022, Washtech filed a petition requesting a review en banc (i.e., by all the court’s judges) of the court’s October 4, 2022 panel decision that upheld DHS’ authority for OPT.

"The Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in coordination with the Visa Office in the Bureau of Consular Affairs, appreciates the opportunity to discuss issues of concern to the American Immigration Lawyers Association (AILA). We believe these discussions, and publication of Department responses to issues raised by AILA on Travel.State.Gov, are valuable opportunities to provide insight and clarity concerning the Department’s current immigration policies and procedures. Following are Department responses to issues raised by AILA in anticipation of the meeting scheduled for November 3, 2022."

The Student and Exchange Visitor Program (SEVP) reminded schools and exchange program sponsors "that the annual verification period for Principal Designated School Officials (PDSO), Designated School Officials (DSO) and Responsible Officers (RO) and Alternate Responsible Officers (ARO) begins Dec. 2, 2022. All SEVP- certified schools and U.S. Department of State-designated sponsors must complete the PDSO/DSO and RO/ARO Annual Verification by March 2, 2023." To comply with this annual verification, which is required by the Federal Information Security Management Act (FISMA), PDSOs and ROs must annually verify that they and every DSO and ARO who has access to SEVIS: 1) Is still regularly employed by the organization and continues to be the designated PDSO, DSO, RO, or ARO; and 2) Requires continued access to SEVIS.

The Department of State's BridgeUSA SEVIS Team asked J-1 Exchange Visitor Program sponsors for suggestions for improvement to "any part of SEVIS." Responses are due by Friday, November 4, 2022.

A November 1, 2022 USCIS news alert titled "ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants," describes the possible impact on USCIS benefits of the Accrediting Council for Independent Colleges and Schools' (ACICS) loss of Department of Education recognition.

SEVP web pages note that on February 24, 2022, the ICE Counterterrorism and Criminal Exploitation Unit (CTCEU) was relaunched as the Counter Threat Lead Development Unit (CTLD).

USCIS officials responded to questions gathered by NAFSA’s International Student and Scholar Committee (ISS RP) in a presentation recorded as a supplement to the agency-focused 2022 regional conference sessions. Access the presentation slides and the recorded presentation on the NAFSA web site.