International Students and Schools

Buy American Hire American Executive Order

On April 18, 2017, President Trump signed an executive order with a "Buy American and Hire American" theme.

INS Memo on COS for Beneficiaries of Petitions Subject to the FY 1998 H-1B Cap

Legacy INS memo states, "Where an adjudicator is aware that the beneficiary’s status has expired, or will have expired by the H-1B effective date, change of status will be denied even if the petition is approved on its merits." The memo also states that "Likewise, changes of status will be approved

Stricter F-1 Residence Abroad Language in FAM

On August 8, 2017, DOS revised its FAM guidance on assessing residence abroad for F-1 students, by removing helpful prior language that had encouraged consular officers to consider the "inherent difference" between a young F-1 visa applicant and a short-term B visa applicant. The new FAM entry now

DOS Expands Presumption of Misrepresentation Rule to 90 Days

On January 23, 2019 and April 1, 2019, DOS tweaked the 90-day rule language in the Foreign Affairs Manual (FAM) in a positive direction, by removing a reference that was thought to unfairly flag students.

Practical Training Reform

CRS Backgrounder on Optional Practical Training For some background, read the Congressional Research Service's ( CRS) In Focus Report: Optional Practical Training (OPT) for Foreign Students in the United States, IF 12631 (May 30, 2025), transcribed by NAFSA . Recent Challenges to OPT under the

Accrual of Unlawful Presence and F, J, and M Nonimmigrants

April 15, 2025

On August 9, 2018, USCIS made fundamental changes to its policy on how an immigration status violation might lead to a finding that an F, M, or J nonimmigrant should be subject to the 3- or 10-year reentry bar provisions of INA 212(a)(9)(B). A February 6, 2020 nationwide permanent injunction blocked

USCIS Tightens Language on Employer-Employee Relationship and Third Party Placement for STEM OPT Students

USCIS has revised its STEM OPT page, focusing on the employer-employee relationship "requirement" and conditions for third party placements, for STEM OPT students and employers.

SEVP External Training Application

SEVP is developing the SEVP External Training Application (SETA), to replace the current DSO Online Training modules that have been in place for more than a decade.

SEVIS F, M, and J Fee Adjustments

The final SEVIS fee rule was published in the Federal Register on May 23, 2019, and became effective on June 24, 2019. It raises the I-901 SEVIS fee paid by F-1 and M-1 students and J-1 exchange visitors, raises the initial school certification fee that SEVP charges new F and M schools, and adds a

DHS Proposes Changes to Public Charge Rules

On October 10, 2018, the Department of Homeland Security (DHS) published a proposed rule entitled Inadmissibility on Public Charge Grounds. DHS published the final rule on August 14, 2019.