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Category: Immigration

ICE SEVP Modifies Temporary Exemptions for Student Visas

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Today, US Immigration and Customs Enforcement’s Student Exchange and Visitor Program (SEVP) modified temporary exemptions for non-immigrant students taking online classes due to COVID-19.

The modifications include:

  • Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United States.
  • Nonimmigrant F-1 students attending schools operating under normal in-person classes are bound by existing federal regulations.
  • Nonimmigrant F-1 students attending schools adopting a hybrid model—that is, a mixture of online and in person classes—will be allowed to take more than one class or three credit hours online. These schools must certify to SEVP, through the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” certifying that the program is not entirely online, that the student is not taking an entirely online course load this semester, and that the student is taking the minimum number of online classes required to make normal progress in their degree program.

Even under the hybrid model, F-1 students may not remain in the US if all of their classes are online.

Currently, US Embassies and Consulates are still not conducting any routine visa services. Additionally, foreign students may be affected by COVID-19 entry restrictions, which bar foreign nationals coming from Brazil, China, the Schengen Area, UK, Ireland, and Iran.

Presidential Proclamation on Non-Immigrant Visas

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Today, President Trump signed an executive order curtailing H-1B, H-2B, H-4, L, and certain J visas, as well as immigrant visas, through December 31, 2020: “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”.

Limited exemptions may be provided for those working in the food supply chain, as well as limited national security exemptions as determined by the Secretaries of State and Homeland Security. Also exempted under Sec. 4(a)(i) are persons providing medical care for COVID-19 patients or conducting medical research to combat COVID-19. With regards to J visas, professors, alien physicians, and research scholars appear to be exempt.

The proclamation applies only to persons who are outside the United States and who do not hold a valid non-immigrant visa or official permission to travel as of June 24, 2020.

The full text of the proclamation is available here. Our office is actively working with our partners to better understand the scope of this proclamation, and will update this post as new information becomes available.

US Supreme Court Preserves DACA

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Today, the US Supreme Court ruled to keep DACA in place, finding the rescission of DACA to be “arbitrary and capricious”. The decision was based on the Department of Homeland Security’s failure to comply with the Administrative Procedure Act and provide reasoned explanation. The Administration could potentially make other attempts to end the program in the future.

The full decision is available here.

Statement Regarding Presidential Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

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We are writing to share information and next steps regarding the May 29, 2020 proclamation from the Trump Administration. The University of Washington is partnering across and beyond the University to gain clarity around this proclamation and better understand its impact on Chinese students, scholars and faculty. These efforts are led by the UW Offices of Federal Relations, Global Affairs, Graduate School, and Research.

Overview of the proclamation

  • The proclamation asserts that “students or researchers from the PRC studying or researching beyond the undergraduate level who are or have been associated with the [People’s Liberation Army] PLA are at high risk of being exploited or co-opted by the [People’s Republic of China] PRC authorities.”
  • It forbids the entry of “any national of the PRC seeking to enter the U.S. pursuant to an F or J visa to study or conduct research” who is or has been affiliated with an “entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’.”
  • This could mean that UW students or scholars with current or previous affiliation to Chinese institutions identified as high risk by the U.S. Department of State could be denied entry to the U.S. or flagged for additional screening. No information has thus far been provided about which institutions are or will be deemed high risk, or how this determination will be made.
  • It is our understanding that the determination will be made at the consulate/embassy level when an individual applies for a visa, and therefore institutions will not need to consider, review, or attempt to determine who meets the unknown criteria for this category.
  • It is expected that these decisions will impact new visa applications only. However, the proclamation may provide additional discretion to cancel/revoke visas already issued for students in the U.S.
  • NAFSA also has posted information about this new proclamation on their page.

Our commitment to Chinese students and scholars

  • The UW is committed to continuing our mission as a global university and to supporting all members of our community, no matter where they call home.
  • We will continue to admit and welcome Chinese students and scholars, and we will use the resources at our disposal to support our community members in obtaining appropriate and necessary documentation to enter the country and study on our campus.

Next steps

  • We will issue updates to the UW community as more information becomes available.
  • We ask that Chinese students and scholars remain in open communication with us.
  • Please share any official written or email communications received from the U.S. Department of State or Department of Homeland Security relating to this matter with the UW Office of Global Affairs at uwoga@uw.edu AND International Student Services or Office of Academic Personnel. This will allow us to monitor trends and understand the implementation of this proclamation so that we can better assist and advocate on behalf of our community members.

Respectively,

Sarah Castro, Director of Federal Relations

Mary Lidstrom, Vice Provost for Research

Jeff Riedinger, Vice Provost for Global Affairs

Joy Williamson-Lott, Dean of the Graduate School

GOP Reps Sign Letter in Support of International Students

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Today, several Republican members of the US House of Representatives, including Rep. Dan Newhouse (R-WA) and Rep. Cathy McMorris Rodgers (R-WA), sent a letter to Secretary of State Mike Pompeo and Acting Secretary of Homeland Security Chad Wolf supporting Optional Practical Training (OPT), and requesting that agencies improve processes to allow international students to enroll for Fall 2020.

The letter, led by Rep. Steve Stivers (R-OH), specifically notes the important role international students play in our communities and for the US economy. The full letter is available here.