Adviser's Manual 360

In a January 13, 2021 Broadcast Message, SEVP announced the creation of a new OPT Employment Compliance Unit "that will be dedicated full-time to compliance matters involving wage, hours, and compensation within OPT, the OPT extension, and Curricular Practical Training (CPT). This unit will publish a public-facing report at least annually on its findings, which will include detailed information on duties, hours, and compensation of OPT workers in a standard formatting that will allow for comparisons against DOL data...This unit will also be responsible for recommending investigations of employers and students, as needed, to Homeland Security Investigations (HSI) to ensure that the OPT programs operate in a lawful manner at U.S. worksites."

Updates from USCIS on delays in receiving receipt notices for benefit applications filed at USCIS lockboxes, particularly for F-1 students filing Forms I-765.

USCIS has apparently without notice changed the filing addresses for F-1 I-765 filings. NAFSA has asked USCIS and the CIS Ombudsman's Office for an explanation, particularly about how applications filed at the old address will be handled.

On January 8, 2021, DHS will publish a final rule that will modify the cap-subject selection process "by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment." Currently, cap-subject registrations received during the registration period are counted in a random selection process. The rule is set to become effective 60 days following publication.

SEVP's January 4, 2021 Broadcast Message 2101-01 state that, "Institutions are certified with the understanding that they will maintain a relationship with their students throughout the educational experience, to include any OPT, to ensure that SEVIS records are properly maintained and updated."

Sudan was removed from the list of State Sponsors of Terrorism on December 14, 2020. In addition to clearing the way for political and financial normalization, the rescission of Sudan's State Sponsors of Terrorism designation means that its citizens will once again be eligible for certain immigration benefits like automatic revalidation of visas after travel to contiguous territory.

NAFSA has updated its compilation of immigration-related items in the Fall 2020 Unified Agenda of Regulatory and Deregulatory Actions, which appears to have been published at some point in December, 2020.

On December 4, 2020, a U.S. District Court ruling ordered DHS to restore the full DACA program including "accepting first-time requests for consideration of deferred action under DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 5, 2017."

Read the multi-stakeholder comment letter submitted by the Compete America Coalition and co-signed by NAFSA and other organizations. "Compete America joined 127 other multi-sector organizations in sending a letter to DHS expressing concerns with the unusually short 30-day comment period for the H-1B lottery prioritization NPRM issued on November 2, 2020."

On December 1, 2020, a U.S. District Court set aside Department of Labor and Department of Homeland Security interim final rules that impacts the H-1B specialty occupation category. The court found that the agencies did not have just cause to promulgate the October 8, 2020 rules without notice and comment.