Policy Updates

Used for immigration and visa policy changes as well as Executive Order updates. 

USCIS Unlawful Presence Policy Effective August 9, 2018

September 24, 2018

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,...

4/10/2018- Chad Removed from Travel Ban List

April 16, 2018

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."

6/26/2018- Supreme Court Upholds Presidential Proclamation 9645 (Travel Ban 3.0)

June 26, 2018

On June 26, 2018, the Supreme Court of the United States upheld Presidential Proclamation 9645. The Presidential Proclamation 9645 provides country-specific entry restrictions for citizens of Iran, Libya, Syria, Yemen, North Korea, Venezuela and Somalia. As of June...

USCIS Expands Policy on Initiating Removal Proceedings

October 30, 2018

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...

USCIS RFE & NOID Policy Effective Sept 11, 2018

September 27, 2018

A USCIS poilcy memo issued July 13, 2018 will allow USCIS adjudictors "full discretion to deny applications, petitions, and requests without first issuing an RFE [Request for Evidence] or a NOID [Notice of Intent to Deny], when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as 'placeholder' filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting...

Judge Temporarily Blocks Enforcement of USCIS F, M, and J Unlawful Presence Policy

May 3, 2019
On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that changed how days of unlawful presence are counted following F or J non-immigrant status violations. Due to the prelimiary injunction, DHS is temporaily restricted from enforcing the new unlawful presence policy while the case is being resolved. The Court has set an expedited briefing schedule to file briefs and cross-motions for summary judgment by the end of May 2019. For more detailed information, see NAFSA's summary of the Unlawful Presence policy and ongoing litigation

Government Shutdown 2019

January 7, 2019

The US government shutdown may impact certain government services until a resolution is reached. NAFSA's Government Shutdown Updates page has updated links to services which might impact student, scholar, or employment-based status holders.

Berkeley International Office is aware that Customs and Border Protection Deferred Inspections office in San Francisco has been impacted by the shutdown, and appointments for Deferred Inspection are currently unavailable.

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Final H1-B Cap Filing & Processing Rule Published

February 7, 2019

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...

Public Charge Rule Implementation Date Feb 24, 2020

January 31, 2020

USCIS announced that it will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court as of Jan. 30, 2020. The final rule will apply only to applications postmarked (or submitted electronically) on or after Feb.24, 2020. When determining whether an individual is likely to become a public charge at any time in the future, DHS will not consider application for, certification or approval to receive, or receipt of certain...

Public Charge

November 21, 2019

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....