Adviser's Manual 360

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2021 "that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online." USCIS also announced they will present a webinar on the online filing of F-1 OPT applications, to be held on Thursday, April 22, 2021. Visit NAFSA's page for additional details.

On April 8, 2021, DOS announced a blanket National Interest Exception (NIE) from all geographic COVID-19 proclamations for immigrant visas. "Immigrant Visa processing posts may now grant immigrant and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations." Other blanket NIE measures cover additional, narrowly tailored groups.

DOS updated its "resumption of routine visa services" message on April 6, 2021, with messaging that focuses on the challenges of reopening and reduced appointment capacity that have created a "significant backlog of both immigrant and nonimmigrant visa applications awaiting a visa interview... The State Department is working to reduce this backlog while ensuring the safety of our staff and applicants and protecting our national security." The DOS page also contains several FAQs. The first FAQ on that page states that, "after meeting demand for services to U.S. citizens... Posts processing nonimmigrant visa applications will continue to prioritize travelers with urgent travel needs, foreign diplomats, and certain mission critical categories of travelers such as those coming to assist with the U.S. response to the pandemic, followed by students and exchange visitors (F-1, M-1, and J-1) and temporary employment visas."

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/.

A revised Form ETA-9141, Application for Prevailing Wage Determination, must be used starting May 3, 2021. On April 27, 2021, the Office of Foreign Labor Certification will offer a webinar to give an overview of the changes to the form.

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.

U.S. Citizenship and Immigration Services (USCIS) extended until June 30, 2021 the COVID-19 flexibilities it established for responses to Requests for Evidence (RFEs) and other similar response-based notices and requests, and filing date requirements for filing Form I-290B, Notice of Appeal or Motion.