Immigration Updates 2020

November 2020

Duration of Status (D/S) elimination proposed rule affecting F/J status

“Instead of being admitted for ‘duration of status’ (D/S) as they currently are, individuals applying for admission in either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) would be admitted only until the program end date noted in their Form I-20 or DS-2019, not to exceed 4 years, unless they are subject to a more limited 2-year admission, plus a period of 30 days following their program end date. The proposed revisions to the J regulations at 8 CFR 214.2(j) closely align with the proposed changes for F nonimmigrants. Individuals who need time beyond their period of admission would have to timely file a complete extension of stay with USCIS before their prior admission expires.”

More information is available at the following links:

This new proposed rule negatively impacts international student and exchange visitors, US higher education institutions, and US employers. Everyone can submit comments, and we encourage you to do so at the Federal Register. The deadline to submit a formal comment was October 26. There were over 32,000 comments submitted.

View the comment letter submitted by LSU from Interim President Thomas Galligan: https://beta.regulations.gov/comment/ICEB-2019-0006-30071

The National Association of Graduate-Professional Students (NAGPS) is supporting the international student community by promoting #DHSRescindTheRule.

Due to the steps it requires to finalize a federal rule, it is unknown when this rule would take effect. However, an interim final rule is expected to be published first before this would occur. 

OPT / STEM OPT

Though there have been rumors in the news, we are still processing OPT and STEM OPT applications for those who are eligible. USCIS is still processing applications as well. At this point, OPT and STEM OPT is still a benefit for eligible F-1 students. 

Our professional organization (NAFSA) advocates for all aspects of international education and is how we stay informed and up to date on actual changes and how they affect our students so we can best advise. Also, the American Immigration Lawyers Association fights for the rights of internationals who are in the U.S., so keeping up with the AILA website and the ALIA Facebook page may help you identify what is rumor, fact or a proposal. 

It is a difficult time for all of us who believe in international education and know how hard you have worked for your goals. We continue to support and advise the best we can in these challenging times. 

H-1B and Prevailing Wage interim rule

The US Department of Labor (DOL) has amended regulations governing prevailing wage determinations for employment-based visas such as H-1B or PERM Labor Certifications. DOL’s new prevailing wage level requirements will impact US employers’ ability to sponsor H-1Bs. In the coming days, substantial advocacy against the DOL rule is expected. 

The US Department of Homeland Security (DHS) is also amending its regulations governing the H-1B nonimmigrant visa program. DHS is revising the regulatory definition and standards for a “specialty occupation” to better align with the statutory definition of the term. This DHS rule will likely lead to more H-1B processing delays and denials. We also anticipate advocacy in response to the new DHS regulations.

Press releases: