03/08/2022 Immigration Benefits for Individuals in the U.S.

Temporary Protected Status

USCIS Announces 18-Month TPS Designation for Ukraine. On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. The designation will not go into effect until a notice is published in the Federal Register, which is expected soon. The DHS announcement states that “Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.” Visit NAFSA’s page Basics of Temporary Protected Status for background about the TPS program.

01/13/2022 Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas

The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services.   This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions . . . click to continue to read full message

03/03/2022 Special Student Relief for F-1 Students

Featured

Cameroon

Effective Date: June 7, 2022, through December 7, 2023

Details on 87 FR 34701

General Eligibility criteria:

Summary:

  • Citizens of Cameroon regardless of country of birth (or individuals having no nationality who last habitually resided in Cameroon);
  • Lawfully present in the United States in an F-1 nonimmigrant status on June 7, 2022;
  • Enrolled in a Student and Exchange Visitor Program (SEVP)-certified school;
  • Currently maintaining F-1 nonimmigrant status; and
  • experiencing severe economic hardship as a direct result of the current crises in Cameroon.

Afghanistan

Effective Date: May 20, 2022, through November 20, 2023

Details on: 87 FR 30971 (5/20/2022)

General Eligibility criteria:

Summary:

  • Be a citizen of Afghanistan, regardless of country of birth (or be an individual having no nationality who last habitually resided in Afghanistan);
  • Have been lawfully present in the United States in F-1 nonimmigrant status on May 20, 2022;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship “as a direct result of the current situation in Afghanistan”

Ukraine

Effective Date: April 19, 2022, through October 19, 2023

Details on: 87 FR 23189 (4/19/2022)

General Eligibility criteria:

Summary:

This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Ukraine, regardless of country of birth (or individuals having no nationality who last habitually resided in Ukraine), and who are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine. The Secretary is taking action to provide relief to these Ukrainian students who are lawful F-1 nonimmigrant students, so the students may request employment authorization, work an increased number of hours while the school is in session and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The Department of Homeland Security (DHS) will deem an F-1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a “full course of study” for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice.

Criteria:

  • Are a citizen of Ukraine regardless of country of birth (or an individual having no nationality who last habitually resided in Ukraine);
  • Were lawfully present in the United States in F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of publication of this notice;
  • Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP) certified for enrollment for F-1 nonimmigrant students;
  • Are maintaining F-1 nonimmigrant status; and
  • Are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine.

South Sudan

Effective Date: March 3, 2022, until November 3, 2023

Details on: 87 FR 12182  (March 3, 2022)

General Eligibility criteria:

  • Be a citizen of the Republic of South Sudan regardless of country of birth or “an individual having no nationality who last habitually resided in South Sudan”
  • Have been lawfully present in the United States in F-1 nonimmigrant status on March 3, 2022
  • Be enrolled in an institution certified by SEVP for the enrollment of F-1 students
  • Be currently maintaining F-1 status; and
  • Be experiencing severe economic hardship as a direct result of the humanitarian crisis in South Sudan

Hong Kong

Effective Date: November 26, 2021

Details on: 86 FR 67485 (November 26, 2021)

General Eligibility criteria:

  • Be a resident of Hong Kong, regardless of country of birth;
  • Have been lawfully present in the United States in F-1 nonimmigrant status on November 26, 2021;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship “as a direct result of the emergent circumstances in Hong Kong”

Yemen

Effective September 4, 2021 until March 3, 2023

Details on: 86 FR 36288 (July 9, 2021)

General Eligibility criteria:

  • Be a citizen of Yemen, regardless of country of birth;
  • Have been lawfully present in the United States in F-1 nonimmigrant status on September 4, 2021;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship as a direct result of the current crisis in Yemen

Venezuela

Effective April 22, 2021 until September 9, 2022

Details on:  86 FR 21328 (April 22, 2021)

General Eligibility criteria:

  • Be a citizen of Venezuela, regardless of country of birth;
  • Have been lawfully present in the United States in F-1 nonimmigrant status on April 22, 2021;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela

Syria

Update

Redesignation of Special Student Relief (SSR) effective October 1, 2022, through April 1, 2024,

Details on: 87 FR 46975 (08/01/2022)

[Initial SSR designation effective April 22, 2021, through September 30, 2022]

General Eligibility criteria:

The notice applies exclusively to F-1 nonimmigrant students who meet all of the following conditions:

  • Are citizens of Syria regardless of country of birth (or individuals having no nationality who last habitually resided in Syria)
  • Are lawfully present in the United States in an F-1 nonimmigrant status on Aug. 1, 2022
  • Are enrolled in a Student and Exchange Visitor Program (SEVP)-certified school
  • Are currently maintaining F-1 nonimmigrant status; and
  • Are experiencing severe economic hardship as a direct result of the civil war in Syria.

The suspension of these requirements will remain in effect until April 1, 2024, for Syrian students.

Somalia

Effective September 18, 2021 through March 17, 2023

Details on: 86 FR 38739 (July 22, 2021)

General Eligibility criteria:

  • Be a citizen of Somalia, regardless of country of birth;
  • Have been lawfully present in the United States in F-1 nonimmigrant status on September 18, 2021;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship “as a direct result of the current crisis in Somalia”

 Haiti

Effective August 3, 2021 through February 3, 2023

Details on: 86 FR 41857 (August 3, 2021)

General Eligibility criteria:

  • Be a citizen of Haiti, regardless of country of birth;
  • Have been lawfully present in the United States in F-1 nonimmigrant status on August 3, 2021;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship “as a direct result of the current crisis in Haiti”

Burma/Myanmar

Effective May 25, 2021 until November 25, 2022

Details on: 86 FR 28128 (May 25, 2021).

General Eligibility criteria:

  • Be a citizen of Burma (Myanmar), regardless of country of birth;
  • Have been lawfully present in the United States in F-1 nonimmigrant status on May 25, 2021;
  • Be currently maintaining F-1 nonimmigrant status;
  • Be enrolled in an SEVP-certified academic institution; and
  • Be experiencing severe economic hardship “as a direct result of the current crisis in Burma”

09/19/2021 – Continuation of Documentation for Beneficiaries of Temporary Protected StatusDesignations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

DHS published a Federal Register notice (FRN) announcing that beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan will retain their TPS while the preliminary injunction in Ramos remains in effect, provided their TPS is not withdrawn because of individual ineligibility. In compliance with the injunction, DHS has automatically extended the validity of Employment Authorization Documents (EADs) and other TPS-related documentation for TPS beneficiaries affected by the injunction through [Dec. 31, 2022]. If necessary, DHS will continue to issue appropriate future notices to continue its compliance with court orders.

https://public-inspection.federalregister.gov/2021-19617.pdf?utm_source=federalregister.gov&utm_medium=email&utm_campaign=pi+subscription+mailing+list

United States: New Public Charge Rule, updated 1/23/2020

Proposed effective date October 15, 2019, https://www.uscis.gov/greencard/public-charge.

  • Under a new regulation, applicants for adjustment of status will undergo a closer review of their personal circumstances to determine whether they have used “or” are likely to need certain federal public benefits in the future.
  • Nonimmigrants (i.e., F-1, J-1, H-1B, O-1, TN, etc.) who have used certain federal public benefits after their admission to the United States may be denied an extension of stay or change of status. 
  • At this point, we understand that it may not impact those with pending applications for adjustment of status, change of status or extensions of stay filed before the above-mentioned effective date.  But you should check with an attorney to review the particulars of your  situation to evaluate potential risks.
  • Some of the benefit programs that are impacted are (SSI, TANF, SNAP, and section 8 vouchers and rental assistance, among others).
  • Feel free to consult with an attorney for more detailed guidance, https://www.uml.edu/Immigration-Resources/legal-help.aspx.   You may also want to check these websites https://www.masslegalservices.org/publiccharge and https://www.ilrc.org/sites/default/files/resources/overview_of_public_charge-20181214.pdf.  This type of information changes regulary, so the best course of action is always to check in with an attorney as per above.
  • The ISSO does not provide official advice on Public Charge matters.

SEVP Portal Upgrade Information

International Students currently on F-1, Post OPT/STEM status

The F-1 Program Student and Exchange Visitor Program (SEVP) Portal now limits how long students can access the SEVP Portal to six months after their Post-Completion Optional Practical Training (OPT) or STEM authorization ends.

In preparation for account closure, SEVP strongly encourages you to print or save a copy of your portal record for future reference, including your Event History.

Please note that students who are changing their immigration status will immediately lose access upon the effective date of their new status. So, for example, students changing their status to H-1B via a cap-subject change of status H-1B petition will lose access to the SEVP portal on October 1 of the year their H-1B petition was approved. Please plan accordingly, printing or saving a copy of your portal records prior to the loss of access.

For more information on this release and upcoming releases, visit the SEVP Portal Enhancements page on the SEVP Portal Help section of Study in the States. To view a copy of the emails you will receive, read the SEVP Portal Email Notices to Students.

We also recommend that you frequently visit the ISSO Employment section, https://www.uml.edu/ISSO/Employment/ to stay apprised of your regulatory requirements.
STEM status students are reminded that STEM employment can only be reported through ISSO through the submission of Form I-983.

SEVP OPT Policy Guidance: Practical Training-Determining a Direct Relationship Between Employment and a Student’s Major Area of Study – Dated: September 27, 2019

On September 27, 2019, the Student and Exchange Visitor Program issued policy guidance, on the obligations of students and schools to document that there is a direct relationship between the student’s major field of study and the work the student does on Pre- or Post-Completion Optional Practical Training (OPT), and STEM OPT. Students are reminded to retain copies of job offer letters, payroll records, job descriptions and completed Form I-983 for STEM students. Post OPT Students registered with the SEVP Student Portal may continue to report their OPT information via the Portal. But they must also request a reprinted I-20 from ISSO, each time they report employer updates. The e-form will generate a new I-20 reflecting new employer information on page 2. When updating your SEVP portal information, always explain how the position is related to the field of study and commensurate to the degree level listed on your Post OPT I-20.

STEM students will report all employment updates through the submission of a Form I-983 to ISSO through the STEM Employment Reporting Tool. STEM students cannot report employment through the portal.

We encourage you to read through the Employment section of the ISSO site, https://www.uml.edu/ISSO/Employment/.

SEVIS TO BEGIN AUTO-TERMINATING OPT/STEM STUDENTS WHO GO OVER THEIR ALLOTTED UNEMPLOYMENT TIME

We are writing to you to inform you of a new SEVIS action. The functionality has been on SEVIS for years, but was never activated.

As you know, F-1 Post-OPT students have a TOTAL of 90 days of unemployment time and 24-Month STEM Extension students receive an additional 60 upon their approval of STEM Extension.

SEVIS will begin terminating the SEVIS record of students who have accrued more than their allotted unemployment time during their OPT period. It is more important now than ever to report your employment as soon as possible.

Post-OPT Reporting Requirements:
Update your SEVIS Portal within 10 days:

  • If there is a change in your US address (also update on SiS)
  • Of your initial employment, change in employment, adding a new employer/ending employment, concurrent employment, etc.

Update the ISSO within 10 days if:

  • There is a change in your immigration status – submit COS E-form
  • If you decide to not use OPT and depart the US – email isso@uml.edu

24-Month STEM Extension Reporting Requirements:

ISSO STEM E-forms:

If you are unsure how many unemployment days you have, go to your SEVP Portal and review your EAD start date, and your employment start/end dates. ISSO cannot provide you with a total of unemployment days you have accrued – you are required to keep track of these. Please also know that the information submitted to the SEVP Portal is not official proof of your employment history. We recommend all students keep documentation from each employer, in case of a USCIS audit. This may be offer letters, resignation letters, paystubs, etc.

Always upload a copy of your latest EAD to the ISSO via EAD E-form. ISSO will review to make sure that SEVIS accurately reflects the same information listed on your card. We have encountered many errors that could potentially cause you future status problems. If you’ve already submitted a card to the ISSO, we have already checked and you need not check again.
If you have any questions, please contact us during our Advising Hours.

USCIS Provides Background Information on Issuance of Return for Evidence (RFE) And on Notice of Intent to Deny (NOID)

On Sept. 6, 2018, the CIS Ombudsman (CISOMB)1 held a stakeholder teleconference to discuss the USCIS “Issuance of Certain RFEs and NOIDs” policy memorandum (PM) that was issued on July 13, 2018. USCIS representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB. The updated policy went into effect on September 11, 2018. . . click on the following link for full article https://www.uscis.gov/sites/default/files/files/nativedocuments/USCIS_Policy_Update_on_Issuing_RFEs_and_NOIDs.pdf