Adviser's Manual 360

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.

A revised Form ETA-9141, Application for Prevailing Wage Determination, must be used starting May 3, 2021. Any cases that had been initiated in FLAG and not submitted prior to 6:00 a.m. EST on May 3, 2021 will be deleted and a new application using the revised Form ETA-9141 will need to be created. Visit NAFSA's page for PDFs of the revised form and instructions, and links to a recorded Office of Foreign Labor Certification webinar held on April 27, 2021.

A revision to the USCIS Policy Manual restores a certain amount of deference to employment-based (EB) petition extension adjudications, and requires adjudicators to "obtain supervisory approval before deviating from a prior approval in their final decision."

On April 26, 2021, DOS updated its National Interest Exception (NIE) page to expand certain NIE eligibilities to China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland.

"The Department of Homeland Security (DHS) is seeking comments from the public on how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies, including those that prevent foreign citizens from easily obtaining access to immigration services and benefits. This effort will help DHS identify process improvements for USCIS, with benefits for state, local, and tribal governments, for businesses (including small businesses and startups), for educational institutions of all kinds, for nonprofits, and for individuals." Comments are due on or before May 19, 2021.

DHS Federal Register notices establish Special Student Relief for Venezuelan and Syrian F-1 students, effective April 22, 2021.

On January 29, 2021, WashTech filed a notice of appeal with the D.C. Circuit Court of Appeals, to challenge the D.C. District Court's January 28, 2021 decision which had concluded that both the standard 12-month OPT and the STEM OPT extension programs were lawfully within DHS's authority to promulgate. On March 26, 2021, the appeals court set a briefing schedule for the parties. Appellant Washtech's brief is due 05/05/2021 and Appellee USCIS's reply brief is due 06/04/2021.

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.