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

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

DHS Designates Myanmar for Temporary Protected Status (TPS) for 18 months

  • Department of Homeland Security designates Myanmar (Burma) for Temporary Protected status from March 11, 2021 to September 11, 2022 
  • Citizens of Myanmar who demonstrate conintuous residence in the US as of March 11, 2021 are eligible for TPS under Myanmar's designation.
  • Individuals who are granted TPS 1) are protected from forced removal from the US (deportation), 2) can obtain special authorization to work in the US, and 3) may be granted authorization to leave and re-enter the US 
Employment
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
DACA
March 11, 2021
September 11, 2022

F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online

  • F-1 students can now apply for OPT online. Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail.
  • Certain individuals applying for an EAD card for other applications may also file the I-765 online
  • Applicants can still submit paper applications to USCIS
Employment
F-1 student
Permanent resident
April 12, 2021
Ongoing

DHS eases work rules for some Syrian, Venezuelan F-1 students

Employment
Other
F-1 student
April 22, 2021
September 30, 2022

DACA and International Students Eligible for COVID-19 Financial Relief

  • The Biden administration reversed a previous policy that barred F-1 international students, undocumented college students, and other immigrants from receiving federal education relief grants to pay for expenses during the coronavirus pandemic; those individuals are now eligible for receiving COVID-19 relief grants. The funds can be used for housing, food, and childcare.


Other
F-1 student
J-1 student
DACA
May 12, 2021
Ongoing

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

DHS Proposal to Replace Duration of Status (D/S) for F-1 students, J-1 Exchange Visitors, and their dependents

  • The Department of Homeland Security has proposed a rule to eliminate Duration of Status (D/S) for F-1 and J-1 visa holders and dependents, limiting those individuals to their program end date, not to exceed 2 or 4 years
  • Proposal would require F and J visa holders to apply for program extensions through USCIS
  • Proposed rule was frozen for review until November 14, 2021
  • Proposed rule was officially withrawn on July 6, 2021 and will not take effect. 
Immigration/Visa status
F-1 student
J-1 student
J-1 scholar
Dependent
May 14, 2021
July 6, 2021

USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants

Other
F-1 student
H-1B
Dependent
May 17, 2021
May 17, 2023

DHS Designates Haiti for Temporary Protected Status (TPS)

Employment
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
DACA
May 21, 2021
December 31, 2022

F-1 Students from Burma eligible to apply for Severe Economic Hardship (special work authorization + reduced course load)

Employment
Other
F-1 student
May 25, 2021
November 25, 2022