Immigration Policy Updates and FAQs

A Department of State (DOS) final rule published at 88 FR 18243 (March 28, 2023) raises visa processing fees, effective May 30, 2023. (These are the visa processing fees for an entry visa application at an embassy or consulate abroad.) Changes impacting students and scholars or employees:

* NIV MRV...

On March 10, 2023, the Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services (HHS) rescinded the Order titled “Requirements for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for Aircraft Passengers Traveling to the United States from the People’s Republic of China.”

This rescission takes effect for flights departing to the United States from the People’s Republic of China, Hong Kong, Macau, and Designated Airports* at or after 3:00pm ET (8:00pm GMT) on March 10, 2023...

On Dec. 23, 2022, the Department of Homeland Security’s (DHS) new Public Charge...

As of 12:01AM ET on June 12, 2022, CDC will no longer require air passengers traveling from a foreign country to the United States to show a negative COVID-19 viral test or documentation of recovery from COVID-19 before they board their flight. Information on this change can be found on the CDC’s COVID-19 Testing Recision webpage

On December 2, 2021, stricter testing requirements for international travelers to the US were announced by President Biden as part of a comprehensive strategy to fight COVID-19. Beginning on December 6, all air passengers, regardless of vaccination status, must show a negative COVID-19 test taken no more than 1 day before travel to the United States. For detailed information please visit the...

On Monday October 25, 2021 President Biden signed a Proclamation - Advancing Safe Resumption of Global Travel announcing new requirements for air travel that will take effect on November 8, 2021. This proclamation will end the travel restrictions under Presidential Proclamations (P.P.) 9984, 9992, 10143, and 10199 as they relate to the suspension of entry into the United States of persons physically present in...

As of Sept. 14, 2021 the U.S Department of State has announced a continuing expansion of waivers for in-person visa interviews for F and J visa applicants through the end of 2021. The announcement indicates: "Consular officers may, if they so choose, and pursuant to local conditions, now waive the visa interview requirement for F, M, and academic J visa applicants who were previously issued any type of visa, and who have never...

USCIS announced on 7/29/2021 and 2/26/2021 flexibilities for OPT/STEM OPT Extension applicants affected by delayed receipt notices for the Form I-765. These flexibilities apply only to applications received on or after October 1, 2020, through October 31, 2021. See more information on our...

On April 26, 2021, the U.S. Department of State extended the National Interest Exceptions to include additional countries. The NIE list now includes China, Iran, Brazil, the U.K., Ireland, and the European Schengen area.

Students with valid F-1 visas intending to begin or continue their academic program commencing...

U.S. Citizenship and Immigration Services (USCIS) has recently been experiencing serious delays in processing and receipting OPT. USCIS announced on 2/26/2021 flexibilities for OPT applicants who may be affected by delayed receipt notices for the Form I-765, which is used for filing OPT/STEM OPT. These flexibilities apply only to applications received on or after October 1, 2020, through May 1,...

On January 21, 2021 President Biden issued an Executive Order on Promoting COVID-19 Safety in Domestic and International Travel, which directs relevant agencies to assess a prior January 12, 2021 CDC order requiring a negative COVID-19 test result for airline passengers traveling into the United States, and, based on that...

On Wednesday, January 20, 2021, President Biden signed an Executive Order entitled, “Ending Discriminatory Bans on Entry to The United States," which revoked previous Executive Orders that prevented certain individuals from entering the United States. These previous Executive Orders that have now been revoked applied certain conditions of entry for individuals from different countries. ...

Starting on November 6, 2020, all Chinese and foreign passengers bound for China will be required to take nucleic acid and IgM anti-body tests and apply for a green health code with the "HS" mark or a certified health declaration form before boarding the flight.Please review the Notice on Airline Boarding Requirements information carefully from the Chinese Embassy in the U.S., follow any necessary instructions, and check with your airline carrier if you need to...

On July 31, 2020 DHS filed a motion to dismiss its own appeal of a decision about Unlawful Presence for Fs and Js. For now, USCIS has returned to applying prior policy guidance based on its unlawful presence memo issued on May 6, 2009. Under...

On Monday, June 22nd, 2020, President Trump signed a new Executive Order, “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” This order is to take effect at 12:01 a.m. on June 24th, 2020.

This proclamation...

Effective at 11:59 p.m. eastern daylight time on May 26, 2020, the entry into the United States of any foreign national (except immediate family members of U.S. citizens and lawful permanent residents and others excluded in section 2 of the Presidential Proclamation who was physically present within Brazil during the 14-day period preceding their entry or...

A Federal Register notice announces the decision to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border to “essential travel.” “Essential travel” includes “Individuals traveling to attend educational institutions; Individuals traveling to work in...

Effective Monday, March 16, 2020 at 11:59 p.m. eastern daylight time, the entry into the United States of any foreign national (except immediate family members of U.S. citizens and lawful permanent residents and others excluded in section 2 of the Presidential Proclamation) who was physically present within the the United Kingdom (excluding...

CORONAVIRUS UPDATE: Effective Monday, March 2nd at 5 p.m. eastern standard time, the U.S. government will deny the entry into the U.S. of any foreign national (except immediate family of U.S. citizens and permanent residents) who were physically present within the Islamic Republic of Iran within the last 14 days. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 5:00 p.m. eastern standard time on March 2, 2020.

BIO is closely monitoring the current...

The Department of Homeland Security (DHS) and Department of State (DOS) recently published new federal regulations regarding “public charge,” which is an evaluation of whether a foreign national is likely to need financial support from the U.S. or state government while they are in the U.S. The rules may impact students and scholars who apply for admission to the U.S. for a U.S. visa, for a change of immigration status within the U.S., adjustment of status to Lawful Permanent Residence (Green Card), or for an extension of status for certain other nonimmigrant categories....

The US Department of Homeland Security issued a final rule titled "Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens" which becomes effective April 1, 2019 which is the first day of the 2020 cap-filing season. Part of the rule which related to a pre-registration requirement for employers has been suspended for the 2020 filing season, but is...

A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands conditions under which USCIS issues a Notice to Appear (NTA), the document that begins removal (deportation) proceedings. The policy now includes situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States."

Due to a legal necessity...

Effective August 9, 2018, USCIS updated policy regarding Unlawful Presence, which increases potential consequences for F-1/J-1 students who violate their status. The best way to avoid these consequences is to make sure you properly maintain your F-1/J-1 status while you are a student and during any F-1/J-1 post-completion training periods. Unlawful presence days begin accruing from the day an F-1 or J-1 violates status and can impact the ability to return to the US in the future,...

A Presidential Proclamation on April 10, 2018 , has removed Chad from the Travel Ban list effective April 13, 2018 due to a Department of Homeland Security review which found that "that Chad has made marked improvements in its identity-management and information-sharing practices."

On Dec. 28, 2017, the US Department of State announced that full visa services will resume in Turkey.

Preliminary injunctions from U.S. District Courts in Hawaii and Maryland continue to block enforcement of travel bans for nationals of Chad, Iran, Libya, Syria, Yemen, and Somalia, but leaves in place the Proclamation's bars on Venezuela and North Korea. The U.S. government is expected to continue appeals. See NAFSA's Entry Ban Litigation Updates for more information.

This is to alert you of the suspension of visa services at the U.S. embassy and consulates in Turkey. Until further notice, it is not possible to apply for a non-immigrant visa in Turkey.

In a statement from the U.S. Ambassador to Turkey, Ambassador John Bass indicates that this suspension of services is not a visa ban nor a travel ban for Turkish citizens. If you already have a valid visa, the visa remains valid: https://tr.usembassy.gov/...

The U.S. diplomatic mission to Russia announced on August 21, 2017, that "Due to the Russian government-imposed cap on U.S. diplomatic personnel in Russia, all nonimmigrant visa operations across Russia will be suspended on August 23. Operations will resume in Moscow on September 1; visa operations at the U.S. consulates will remain suspended indefinitely. Currently scheduled appointments will be cancelled and applicants will be provided instructions on how to...

A June 28 U.S. Department of State cable provides guidance for consular officers regarding implementation of Executive Order 13780 (E.O.) in visa issuance and exemptions from the suspension of entry. Notably, the cable seems to indicate that F-1, J-1, H1-B, TN, O-1, and Permanent Residents would appear to be exempt from the travel ban. Berkeley...

United States Immigration and Citizenship Services (USCIS) announced on Friday, March 3, 2017 that it will temporarily suspend premium processing for all H-1B petitions filed with USCIS on or after April 3, 2017. Read BIO's announcement on this change.

On March 29, 2017, the U.S. District Court in Hawai'i converted its March 15, 2017 temporary restraining order (valid for a maximum of 14 days), into a preliminary injunction, which continues to block enforcement of all of Sections 2 and 6. Sections 2 and 6 of the new EO barred entry for 90 days individuals without valid visas from particular countries of origin (Libya, Iran, Somalia, Sudan, Syria, and Yemen) and entry for 120 days for refugees. Enforcement of these sections of the EO is currently...