Adviser's Manual 360

COVID-19 news and updates are maintained on NAFSA's Coronavirus Critical Updates page. Visit that page frequently for the latest information.

On July 31, 2020 DHS filed a motion to dismiss its own appeal of the lower court's decision to block enforcement of USCIS's August 2019 unlawful presence memo. However, the Spring Regulatory Agenda shows that the agency continues to work on a proposed rule.

On July 29, 2020, a federal court issued nationwide preliminary injunctions that block implementation and enforcement of the current USCIS and DOS public charge rules and policies during the COVID-19 national emergency. USCIS says applications or petitions postmarked on or after July 29, 2020, should not include Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

On August 3, 2020, President Trump issued an executive order that focuses on a review of federal contracting and subcontracting practices. The order also includes a broader call to protect U.S. workers from adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites, including third-party job sites.

The Department of Labor announced on July 31, 2020 that it entered into a new Memorandum of Agreement (MOA) with the Department of Homeland Security, allowing the Departments to provide access and share information about immigrant and nonimmigrant petition records and data contained within the Office of Foreign Labor Certification’s labor certification and labor condition application databases.

USCIS's final fee rule will become effective on October 2, 2020. "Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule." The rule also makes changes to Form I-129, premium processing, and other fee processing changes.

An SEVP SEVIS Help Hub article explains how to prepare for the 2020 CIP code conversion release in SEVIS tentatively scheduled for August 28, 2020, how SEVIS will convert CIP codes in certain SEVIS student records, and how to complete the conversion for certain records.

The Department of Labor Office of Foreign Labor Certification (OFLC) opened a 60-day public comment period on proposed changes to the ETA 9089 permanent labor certification forms. Comments are due by September 18, 2020. View the Federal Register notice and proposed forms.

A July 14, 2020 Executive Order communicates the "policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong." Among other actions, the order calls on agencies to "take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong" and to "eliminate the preference for Hong Kong passport holders as compared to PRC passport holders."

In a July 15, 2020 Policy Alert, USCIS announced that it has consolidated into the USCIS Policy Manual its guidance on how adjudicators should use discretion in making their benefit determinations. The consolidated guidance supersedes other guidance on the topic.