Office of International Education and Development

US Immigration Updates

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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

New H-1B Prevailing Wage Rule Effecting Researchers and Faculty

  • Proposed rule to increase minimum wage levels by 39% - 49%; this would raise the mimimum wage universities are required to pay H-1B employees 
  • Applies to new H-1Bs and H-1B extension filed after effective date
  • Proposed rule is not in effect and is currently frozen for review until November 14, 2021
Employment
Other
H-1B
May 14, 2021
 Ongoing

USCIS Announces Online Filing for DACA Renewal Forms

  • U.S. Citizenship and Immigration Services announced today that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
Other
DACA
April 12, 2022
 Ongoing

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

Guidance for USCIS cases pending more than 90 days
Employment
Other
F-1 student
H-1B
February 11, 2021
 Ongoing

President Biden to Announce Uniting for Ukraine, a New Streamlined Process to Welcome Ukrainians Fleeing Russia's Invasion of Ukraine

  • Beginning on April 25, 2022, U.S.-based individuals and entities can apply to DHS to sponsor Ukrainian citizens who have been displaced by Russia’s aggression through the Uniting for Ukraine process, which will go live that day on the DHS website. 
  • Any U.S. citizen or individual, including representatives of non-government organizations, can sponsor Ukrainian applicants. 
  • Individuals and organizations seeking to sponsor Ukrainian citizens in the United States will be required to declare their financial support and pass security background checks to protect against exploitation and abuse.
Travel
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
DACA
April 25, 2022
 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

I-9 Updates for Refugees and Asylees
Employment
F-1 student
J-1 student
J-1 scholar
H-1B
Dependent
DACA
July 19, 2021
 Ongoing

USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

  • For those EADs that benefit from the automatic 180-day extension of validity for timely filing an extension, USCIS is providing an additional 360 days of validity (total of up to 540 days (180 + 360)). EADs that qualify for automatic renewal and will benefit from this temporary final rule are listed at: https://www.uscis.gov/eadautoextend
  • They include those with pending asylum cases, pending I-485 applications (under Section 245), certain H-4 nonimmigrants who qualify for EADs, among many others.
Employment
H-1B
Permanent resident
Dependent
May 4, 2022
 Ongoing

Change of Status to F-1 Students No Longer Need to Submit "Bridge the Gap" Applications

  • USCIS announced new policy guidance that eliminates the need for individuals who have applied for a change of status (for example, for B, H-4, J, or L) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 change of status (COS) application is pending.
  • Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status, which required them to file extensions, or an initial COS and subsequent extensions ensuring that they would not have a “gap” in status. Now students can file a change of status and may remain in the US while their application is pending, without needing to continue to apply to extend their previous status.
Other
F-1 student
J-1 student
J-1 scholar
Dependent
DACA
July 20, 2021
 Ongoing

DHS Issues Regulation to Preserve and Fortify DACA

The DHS final DACA rule:

  • Maintains the existing threshold criteria for DACA;
  • Retains the existing process for DACA requestors to seek work authorization; and
  • Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.
Travel
Employment
Other
DACA
October 31, 2022
 Ongoing