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Category: Immigration

State Department Suspends Most Visa Services Worldwide

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The US Department of State announced the temporary suspension of routine visa services at most overseas posts.

Any country with a travel advisory of 2, 3, or 4 will be affected. Among others, this includes the United Kingdom, Germany, China, Israel, South Korea, Italy, Japan, France, Ukraine, Russia, India, Denmark, Turkey, and Brazil. The Visa Waiver Program, which allows 90 day visas for certain nationalities, remains unaffected.

No timeline has been given. US Embassies and Consulates will continue to provide emergency visa services and American Citizens Services.

 

Higher Ed Associations Seek Clarifications from State Dept. and DHS

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Yesterday, a number of higher education associations wrote to both the State Department and Department of Homeland Security asking for clarity on a number of new situations faced by international students and scholars caused by COVID-19.  The letter address situations that pertain to, for example, the expiration of F-1 status, possible extension of OPT, and the ability of consulates to adjudicate applications.

The letter is available here.

Court Rules in Favor of Students Against USCIS

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On August 9, 2018 USCIS (US Citizenship and Immigration Services) published a memo titled Accrual of Unlawful Presence and F, J, and M Nonimmigrants which would have altered how unlawful status is calculated for certain visa holders. In the end, some foreigners would have their unlawful status retroactively applied and thus be subject to 3 or 10 year bars to admission.

On Thursday, Judge Loretta C. Biggs, US District Judge for the Middle District of North Carolina, issued a nationwide injunction blocking the memo from taking effect. Judge Biggs ruled that USCIS failed to follow the Administrative Procedure Act by not allowing notice-and-comment period, and regardless, the memo would be found inconsistent with the Immigration and Nationality Act.

More details here.

 

Higher Ed. Associations Support OPT in Letter to State Dept.

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Various higher education associations addressed a letter, dated December 9th, 2019, to Assistant Secretary of State for Educational and Cultural Affairs Marie Royce expressing concerns about the future of OPT. UW is a member of the Association of Public and Land Grant Universities (APLU) and Association of American Universities (AAU), which both signed the letter circulated by the American Council on Education. The letter requests that the State Department Bureau of Educational and Cultural Affairs meet with the Department of Homeland Security and relevant agencies to affirm the future of OPT and address long visa processing times.

UW Joins Amicus Brief Supporting OPT

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On November 21, UW joined over 100 other higher education institutions in filing an amicus brief in the Washington Alliance of Technology Workers Union vs. U.S.
Department of Homeland Security (Washtech) litigation. The amicus brief was filed by the Presidents’ Alliance on Higher Education and Immigration, and affirms support for Optional Practical Training (OPT). OPT is an invaluable component of American higher education and greatly contributes to the US economy. The full brief can be found here.