Special Student Relief Resource

Special Student Relief (SSR) suspends certain regulatory requirements for F-1 students from countries that are experiencing severe economic hardship as a direct result of humanitarian crises, natural disasters, armed conflict and other emergent circumstances. A U.S. Department of Homeland Security (DHS) declaration of SSR suspends restrictions related to on- and off-campus employment and alters the full course of study requirements for eligible F-1 students by permitting a reduced course load.

For additional information about SSR, please refer to the Study in the States Special Student Relief page and What is Special Student Relief (SSR) infographic.

SSR is currently available to eligible F-1 students from the countries listed below. Please refer to the corresponding Federal Register notices for additional information or the SSR Frequently Asked Questions page.

A list of active SSR notices can be viewed on the What’s New page on ICE.gov/SEVP.

Supreme Court Denies Cert to WashTech Case, District Court Decision Upholding OPT Regulations Stands

On October 2, 2023, the Supreme Court denied certiorari in the Washington Alliance of Technology Workers v. Department of Homeland Security case (the “WashTech” case), which is a significant victory for employers and international students. 

The WashTech case has been litigated for a long time, and the focus of the case has been the length of time allowed for practical training and work authorization that DHS provides to international students. Specifically, a group argued that DHS could not expand Optional Practical Training (OPT) from 12 to 36 months in science, technology, engineering and math (STEM) fields. However, several court decisions found that the Department of Homeland Security possessed the authority to expand STEM OPT to 36 months.

Educators consider OPT and STEM OPT essential because practical training benefits students’ education and encourages them to enroll in U.S. universities. The additional 24 months in STEM OPT also allows employers a better opportunity to secure an H-1B petition for students.

Washington Alliance of Technology Workers (WashTech) filed a petition for writ of certiorari to ask the Supreme Court to review a D.C. Circuit decision in favor of DHS’s authority. However, on October 2, 2023, the Supreme Court denied the petition for writ of certiorari, which means that means no further review of the D.C. Circuit’s earlier decision in favor of STEM OPT will occur.

Link:

• Forbes article: https://www.forbes.com/sites/stuartanderson/2023/10/03/stem-opt-safe-after-supreme-court-immigration-action/?sh=6b39e164389d

Israel has been designated for participation in the Visa Waiver Program

The Department of Homeland Security (DHS) issued a final rule on September 29, 2023, updating the list of countries designated for participation in the Visa Waiver Program (VWP) by adding Israel, in accordance with the DHS’s Secretary’s designation of Israel as a VWP country. Beginning November 30, 2023, eligible citizens and nationals of Israel may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for business or pleasure for a period of 90 days or less without first obtaining a nonimmigrant visa, if they are otherwise eligible for admission under applicable statutory and regulatory requirements.

Links:

• Federal Register: https://www.federalregister.gov/documents/2023/09/29/2023-21574/designation-of-israel-for-the-visa-waiver-program

• Visa Waiver Program General Information: https://www.dhs.gov/visa-waiver-program

Diversity Visa 2025 Registration Open from October 4, 2023 to November 7, 2023

The US Department of State (DOS) announced that the online registration period for the DV-2025 Program has begun. It began on Wednesday, October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and will conclude on Tuesday, November 7, 2023, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). Submission of more than one entry for a person during the registration period will disqualify all entries for that person. 

The official DV-2025 program instructions are listed on the DOS DV-2025 website (link below).

Links:

• US Department of State Diversity Visa (DOS DV-2025): https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html

• US Department of State DV-2025 Application Process: https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-submit-entry1.html

State Department Decides Not to Implement 2019 Public Charge Restrictions

On September 5, 2023, the US Department of State (DOS) published a final rule indicating that they decided not to finalize the regulatory amendments made by the more restrictive 2019 interim final rule entitled “Visas: Ineligibility Based on Public Charge Grounds” published in the Federal Register on October 11, 2019 (“2019 IFR”) as it did not meet current policy aims.  In declining to finalize the regulatory amendments made in 2019, the DOS will continue to apply the guidance from the Foreign Affairs Manual (“FAM”) and the regulatory language in use prior to 2019. The final rule took effect on October 5, 2023.

Link:

• US State Department Final Rule: https://www.federalregister.gov/documents/2023/09/05/2023-19047/visas-ineligibility-based-on-public-charge

Expiration of COVID-Era Visa Application Fee Receipts

The US Department of State (DOS) announced that all receipts for payment of Machine-Readable Visa (MRV) fees issued before October 1, 2022, would expire September 30, 2023, and that there would be no extensions of the validity of the fees.

Applicants using MRV fees paid before October 1, 2022 to book an appointment at a consulate were also cautioned not to try to change their appointment dates after October 1, 2023 because doing so will result in the forfeiture of both the original appointment slot and the MRV fee receipt. This means that the applicant would be required to pay a new fee and submit a new application package.

Links:

• US Department of State Announcement: https://travel.state.gov/content/travel/en/News/visas-news/expiration-of-covid-era-visa-application-fee-receipts.html

USCIS Announced an Increase in the Maximum Validity Period of Employment Authorization Documents for Certain Categories of Noncitizens from 2 to 5 Years

On September 27, 2023, USCIS announced that it will increase the maximum employment authorization document (EAD) validity period for “certain noncitizens who are employment authorized incident to status or circumstance” to five years. This five-year EAD validity period also applies to some “initial and renewal EADs for certain noncitizens who must apply for employment authorization”. Refugees, asylees, individuals granted withholding of removal, and those with pending asylum application or applications for adjustment of status (“green card”) under INA 245, are among the categories of noncitizens who will be issued EADs with a five-year validity period, according to the USCIS Policy Alert. USCIS stated that this change is aimed at reducing the number of employment authorization applications they receive in the coming years, which will hopefully help them reduce their processing times and backlogs.

Link:

USCIS Announcement: https://www.uscis.gov/newsroom/alerts/uscis-increases-employment-authorization-document-validity-period-for-certain-categories

USCIS Exempts all Form I-539 Applicants from Payment of Biometrics Services Fee

As of October 1, 2023, U.S. Citizenship and Immigration Services (USCIS) began exempting the $85 biometric services fee as part of the application process for Form I-539. If an I-539 application is postmarked October 1st or later, the applicant does not need to pay the fee. In most cases, after October 1st, applicants will not be scheduled for biometric services appointments. However, USCIS reserves the right to request that any individual applicant appear for such an appointment and will send the applicant a notice if this is required.

If an applicant mistakenly submits the biometric services fee and the payment has been submitted separately from the Form I-539 filing fee, USCIS has stated that they will return the biometric services fee and accept the Form I-539. However, if the applicant mistakenly submits the biometric services fee and the payment for the Form I-539 has been combined with it, then this will be considered an improper filing and the Form I-539 form will be rejected. If an applicant mistakenly authorizes a credit card payment combining the biometric services fee and the filing fee, USCIS will accept the application and will only charge the credit card for the filing fee.

Link:

• USCIS Web Alert: https://www.uscis.gov/newsroom/alerts/uscis-exempts-biometric-services-fee-for-all-form-i-539-applicants

Judge Hanan Declared DACA Program Unlawful, but Status Quo Remains for Now

On September 13, 2023, U.S. District Court Judge Hanan issued an order reaffirming a previous decision indicating that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The order extended the stay of the program issued by the district court and expanded it to cover the 2022 DACA regulation issued by the Biden Administration.

However, in practical terms, the new order will not affect the status quo at the moment:

• Under the stay, individuals who currently have DACA will retain DACA status and the protection from enforcement it provides;

• The order allows USCIS to continue to receive and process requests for DACA renewals from DACA recipients (as of July 6, 2021) or whose DACA protection has lapsed for less than one year; and

• The court’s order bars USCIS from processing or granting DACA status for any new applications for DACA.

Currently valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

Links:

• USCIS DACA website: https://www.uscis.gov/DACA

Firm Spotlight

Mary E. Walsh, Partner at Iandoli Desai & Cronin, P.C. has been selected by the New England Chapter of the National Association of Foreign Student Advisors (NAFSA) to serve on its Government Relations Advisory Committee (GRAC) for a 3 year term.  Attorney Walsh will advise on employment-based immigration processes for students, faculty, researchers, physicians and staff in New England colleges, universities and teaching hospitals. Attorney Walsh has also been selected to present at the NAFSA conference in Montreal this Fall on Leveraging the Designated School Official Role to Address Inequities in Employment Access, and on Navigating the Complexities of Hiring Foreign Medical Graduates & Physicians.