US Immigration Updates

US Immigration Updates

What is this database?

This resource is a searchable database of US immigration updates impacting members of the Appalachian community. This is a general information summary database of select immigration updates and is not intended to be comprehensive.

This table is updated weekly on Mondays.

Please contact issso@appstate.edu if you would like to suggest an update or if you have questions or concerns regarding your specific situation.

Title Topic Population impacted Effective start date of guidance End date of guidance

State Department updates on U.S. visa news

Travel
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
Ongoing

Phased Resumption of Routine Visa Services at US Embassies

Travel
Immigration/Visa status
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
February 24, 2020
Ongoing

Extended Flexibility for Certain OPT Applicants

  • Students who timely filed their I-765 application for OPT or STEM OPT between October 1, 2020 and October 31, 2021, and then later received a rejection, may refile their OPT applications by November 30, 2021.
  • For applications received through October 31, 2021, applicants can file the I-765 up to 120 days before the program end date (normal regulations require applications to be filed no more than 90 days before the program end date).
Employment
Other
F-1 student
October 1, 2020
October 31, 2021

Completing Form I-9 for Employees with Extended Work Authorization under DACA

  • When beginning new employment, employees must complete an I-9 Form and show appropriate documentation to prove their authorization to work in the US
  • DACA employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after ­­­­­July 28, 2020, along with an I-797 Extension Notice issued by USCIS that shows a one-year extension of their deferred action and work authorization
Employment
DACA
January 4, 2021
Ongoing

Work Permits and Relief from Removal for DACA Students

Other
DACA
January 20, 2021
Ongoing

Presidential Proclamation Ending Discriminatory Bans on Entry to the US ("Muslim Bans")



Travel
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
January 20, 2021
Ongoing

Guidance for USCIS cases pending more than 90 days

Employment
Other
F-1 student
H-1B
February 11, 2021
Ongoing

USCIS Update Regarding Applicants Filing Form I-765 for OPT

  • Regardless of when the USCIS processes your application, your received date will reflect the date it actually arrived
  • While STEM OPT application is pending, previous I-20 with OPT Recommendation + previous EAD card can serve as work authorization documentation
  • If you have not received a receipt notice after 8 weeks of application delivery, please contact USCIS
Employment
F-1 student
February 18, 2021
Ongoing

H-1B Travel Ban and Exceptions

  • June 22, 2020: Presidential Procolamation suspends entry to the US for any H-1B or H-4, or new green card holder who is entering the US in H status and was not present in the US or had a valid H visa on June 24, 2020
  • Suspends entry to the US for other J-1 categories, but NOT for J-1 Scholars or Students
  • Certain H-1B holders may be eligible to apply for a National Interest Exception, allowing them to enter the US despite the travel ban
  • February 24, 2021: Biden rescinded the portion of the order that bans entry of new green card holders; he left intact the sections temporarily barring entry for new H-1B and H-4 workers
  • Proclamation expired on March 31, 2021 and is no longer in effect
Travel
Employment
Other
J-1 student
J-1 scholar
H-1B
Permanent resident
February 24, 2021
March 31, 2021

2019 Public Charge Rule Vacated and Removed

  • March 11, 2021: DHS formally removed the "Public Charge Rule" which required certain individuals applying for a visa, admission, or adjustment of status to demonstrate they will not at any time in the future become a "public charge" (receive government assistance in the form of unemployment benefits, food stamps, etc.)
  • March 9, 2021: DHS provided an update directing applicants and petitioners to no longer provide information required solely by the Public Charge Final Rule when completing USCIS forms (ISSSO will not include Public Charge information when filing H-1B petitions; personal filings of extension of stay, adjustment of status, etc. need not incude Public Charge information)
Travel
Employment
Other
H-1B
Permanent resident
DACA
March 9, 2021
Ongoing