Announcements

October 19, 2022 

Update: Academic Training STEM Extension initiative extended until Dec. 31, 2024

On October 14, 2022, the U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) announced that the Academic Training STEM Extension initiative would be extended until December 31, 2024. The Academic Training STEM extension allows undergraduate and pre-doctoral degree-seeking (e.g. bachelors and masters) students in STEM fields on the J-1 visa an additional 18 months of academic training for a total of 36 months.

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you have any questions regarding these policies or your immigration status, please contact an immigration services advisor at CGPS to discuss your situation. For more information, please see the DOS BridgeUSA Website.

January 21, 2022

On January 21, 2022, the Biden administration announced new policies to attract international science, technology, engineering, and math (STEM) students and researchers as part of its mission to recruit and retain global talent.  As part of initiative, the following policies were announced:

• The Department of Homeland Security has added 22 new fields of study (CIP Codes) in the STEM Optional Practical Training (OPT) program.

• The U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) will allow for additional academic training (AT) for undergraduate and pre-doctoral degree-seeking students in STEM fields on the J-1 visa for periods of up to 36 months. This is a temporary initiative, limited to the 2021-2022 and 2022-2023 school years. 

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you have any questions regarding these policies or your immigration status, please contact an immigration services advisor at CGPS to discuss your situation. For more information, please see the NAFSA Website.

New CIP code added to STEM Designated Degree Program List 

July 30, 2024

On July 22, 2024, the U.S. Department of Homeland Security (DHS) published a Federal Register notice announcing the addition of one Classification of Instructional Programs (CIP) code to the DHS STEM Designated Degree Program List. The STEM Designated Degree Program List is a list of fields of study that DHS considers to be eligible for the 24-month STEM Optional Practical Training (OPT) extension. With the updated list, F-1 students with the following CIP code used for their program will now be eligible for up to 36 months of OPT work authorization: 

• Environmental/Natural Resource Economics (03.0204)

If you have any questions regarding this announcement or the CIP code used for your program, please contact an immigration services advisor at CGPS to discuss your situation. For more information, please visit Eligible CIP Codes for the STEM OPT Extension and the STEM OPT Hub.

New CIP codes added to STEM Designated Degree Program List

July 21, 2023

On July 12, 2023, the U.S. Department of Homeland Security (DHS) published a Federal Register notice announcing the addition of eight Classification of Instructional Programs (CIP) codes to the DHS STEM Designated Degree Program List. The STEM Designated Degree Program List is a list of fields of study that DHS considers to be eligible for the 24-month STEM optional practical training (OPT) extension. With the updated list, F-1 students with the following CIP codes used for their program will now be eligible for up to 36 months of OPT work authorization: 

• Composite Materials Technology/Technician (CIP 15.0617)

• Demography and Population Studies (CIP 45.0501)

• Developmental and Adolescent Psychology (CIP 42.2710)

• Geospatial Intelligence (CIP 43.0407)

• Institutional Research (CIP 13.0608)

• Landscape Architecture (CIP 04.0601)

• Linguistics and Computer Science (CIP 30.4801)

• Mechatronics, Robotics, and Automation Engineering Technology/Technician (CIP 15.0407)

If you have any questions regarding this announcement or the CIP code used for your program, please contact an immigration services advisor at CGPS to discuss your situation. For more information, please visit Eligible CIP Codes for the STEM OPT Extension and the STEM OPT Hub.

July 11, 2024

CGPS has been informed of scams targeting international students, including the following:

A current phishing scam that may target Chinese students based in the United States is called “Virtual Kidnappings.” In the scam, criminals masquerade as Chinese police or government officials who pretend the student studying in the U.S. has been abducted to coerce their family members into paying a ransom. While no harm actually comes to the student, families have been extorted for thousands of dollars. Read more.

Please read the guidance on this page about how to avoid  becoming a victim of a scam. Guard your personal information and remember, government officials do their business via mail and will never pressure you to make a payment over the phone or with gift cards. Do not hesitate to contact CGPS if you have any questions or suspect you have been contacted by a scammer.

May 15, 2024

FBI Washington Field Office Warns of Scam Targeting Chinese Communities in the U.S.

"The FBI Washington Field Office is warning the public about a scam targeting Chinese communities in the U.S. and students attending U.S. universities. In this scheme, criminals pose as law enforcement officials from China to defraud victims, threatening the victims to build plausibility. They tell victims that they are the subjects of criminal investigations in China and convince them to pay to avoid arrest or deportation."

Read the full FBI statement for more details about the scam and how to protect yourself.

April 12, 2024

The University of Delaware Police Department shared the following message in an Inside UD article on April 12: 

UD Police remind community members to be vigilant

University of Delaware Police are warning members of the UD community about phone scams that have been reported recently by students.

UD Police have learned of scammers who have posed as police officers and as University employees. In two instances, the scammers have called the personal phone numbers of UD students and used threats of arrest or University disciplinary action if they did not receive money through wire transfers, bank transfers, gift cards or virtual payment applications like Venmo or Cash App.

According to UD Police, these are scams.

UD Police wants to remind the University community of the following:

• Hang up immediately if you receive a phone call that you believe to be a scamming attempt. Report the incident to the UD Police Department by calling 302-831-2222.
• Law enforcement agencies will never call to threaten legal action or seek personal information, financial information or payment of any type.
• Students are advised to manage their accounts online and securely through the University’s payment and billing system, My Finances.
• Never give anyone your personal or financial information over the phone.
• Monitor your credit card and bank statements regularly and report any unauthorized transactions to your financial institution immediately.

Resources

If you see something, say something. Call 911 to report suspicious activity. The UD Helpline provides crisis support and victim advocacy and is available 24/7 by calling (302) 831-1001. Read more about UD’s campus and community services and resources, victim support services and complainant resources.

May 19, 2023

The University of Delaware Police Department shared the following message in a UDaily article on May 19.

"Parents of UD students targeted by scam calls: In the early morning hours of Friday, May 19, parents of two University of Delaware students each received scam phone calls from individuals claiming that their student was being arrest and that money needed to be sent immediately. In one case, the call appeared to come from a University of Delaware Police phone number.

Members of the University community should know that no law enforcement agency will ever call and demand money over the telephone. Fines are collected by the courts, not by the police. If you receive such a call, please contact the University of Delaware Police Department at 302-831-2222 for guidance and support.

International students are often targets of these scams. UD’s Center for Global Programs and Services maintains a resource webpage that includes recent updates and guidance on scams targeting this community and has developed a scam tip sheet."

April 13, 2023

The University of Delaware Police Department shared the following message in a UDaily article on April 10.

"On Friday, April 7, a University of Delaware student received a scam phone call from an individual falsely claiming to be from a federal law enforcement agency and asserting that the victim had broken the law. A similar call was received by another student earlier this month.

Members of the University community should know that no law enforcement agency will ever call and demand money over the telephone. Fines are collected by the courts, not by the police. If you receive such a call, please contact the Department of Homeland Security Office of Inspector General Hotline at 1-800-323-8603 to file a complaint. Students may also contact the University of Delaware Police Department at 302-831-2222 for guidance and support.

Please do not hesitate to contact CGPS if you have have concerns that someone is trying to scam you or that you have been a victim of a scam."

September 20, 2022

Our office has been made aware of a scam targeted at UD international students that involves someone falsely claiming to be from UDSIS and requesting bank account information.

Most scams come in the form of phone calls, and these scams follow common themes that you should be aware of to avoid becoming a victim. These common themes include claims that the caller is from a government agency, police department or other position of authority and that you need to provide money or personal information to avoid getting in trouble. Oftentimes the phone number looks legitimate and the scammer uses legal-sounding language or intimidation techniques.

We advise you to never share personal information like social security number, bank account number or date of birth with unknown sources. U.S. government agencies do their business via mail. Officials will never call and request personal information or money to be transferred to an individual. They will also never request that items or gift cards be purchased and shared.

Please do not hesitate to contact CGPS if you have have concerns that someone is trying to scam you or that you have been a victim of a scam.

October 29, 2021

Our office has been made aware of a few scams targeted at UD international students recently. These include phone calls from someone falsely claiming to be from the UD Police Department and from the Chinese Embassy. Another scam purported to be an investment opportunity. All of these scams requested either money or gift cards.

Most scams come in the form of phone calls, and these scams follow common themes that you should be aware of to avoid becoming a victim. These common themes include claims that the caller is from a government agency, police department or other position of authority and that you need to provide money or personal information to avoid getting in trouble. Oftentimes the phone number looks legitimate and the scammer uses legal-sounding language or intimidation techniques.

We advise you to never share personal information like social security number, bank account number or date of birth with unknown sources. U.S. government agencies do their business via mail. Officials will never call and request personal information or money to be transferred to an individual. They will also never request that items or gift cards be purchased and shared.

Please do not hesitate to contact CGPS if you have have concerns that someone is trying to scam you or that you have been a victim of a scam.

June 7, 2021

Our office has been made aware by the Student and Exchange Visitor Program (SEVP) of a spoofing scam involving individuals using an SEVP Response Center (SRC) phone number (703-603-3400) or a Homeland Security Investigations (HSI) office phone number (757-441-6533) to target international students. Fraudulent callers are claiming to be SEVP representatives and asking students to provide their immigration information, such as their Alien Registration Number or Form I-94 (“Arrival/Departure Record”) information, or face deportation.

We are reaching out to you to alert you of this scam. If you or someone you know has received this spoof call, please report the incident to the HSI tip line. If you are unsure about the validity of a call that you have received from an SEVP official and need guidance on how to proceed, please contact our office at oiss@udel.edu or 302-831-2115 to speak to one of our immigration advisors. 

SEVP Tips:

• NEVER divulge personal, immigration, or financial information to unknown callers.
• SEVP officials will NEVER ask you to provide credit/debit card/gift card numbers, wire transfers, or bank routing numbers, or to make bitcoin deposits for any purpose.
• Report all suspicious calls to the HSI tip line.
• If you are unsure about the validity of a call, please contact an immigration advisor at CGPS for guidance.

March 18, 2021

The Delaware Division of Public Health is warning people about reports of a phone scam in which scammers are claiming to be from the State of Delaware offering the COVID-19 vaccine for a cost of $75.  This is false, as vaccines are being offered by the state for free. DPH advises people to hang up and not to provide any personal or financial info. They also encourage anyone receiving such a call to report it to the Department of Justice Consumer Protection Unit at de.gov/consumer or by phone at (800) 220-5424. Read more about the scam and find details about where and when you will be eligible to receive the vaccine on the state's COVID-19 website.

March 17, 2021

CGPS has been made aware of a scam in which a caller pretended to be from another university offering admission to the school in exchange for payment. This is a reminder to never share your personal or bank information over the phone. Universities and governments do not operate this way or demand payment over the phone. Note that scammers are able to “spoof” phone numbers in order to appear legitimate.

February 25, 2021

CGPS has been made aware of a scam in which a caller, whose caller ID shows "Financial Assis", requests that the international student complete the AR-11 Alien Change of Address form and threatened if they did not provide this information then government officers would come to the student's house to check.

As a reminder, U.S. government agencies do their business via mail and officials will never call and request personal information or money in exchange for lawful immigration status or other immigration or government services. Note that scammers are able to “spoof” phone numbers in order to appear legitimate.

December 10, 2020

The Student and Exchange Visitor Program (SEVP) has been made aware of a spoofing scam involving individuals using the SEVP Response Center (SRC) phone numbers (703-603-3400 and 800-892-4829) and claiming to be SRC representatives. The fraudulent callers are inquiring about Form I-94 documents and asking students to provide information regarding monetary transactions.

If you are a victim of this spoof call, you are encouraged to report the incident to the HSI tip line. If you are unsure about the validity of a call from an SEVP official, please do not hesitate to contact CGPS for more information.

Things to remember:

• SEVP officials will NEVER ask stakeholders to provide credit/debit card/gift card numbers, wire transfers, or bank routing numbers, or to make bitcoin deposits for any purpose.
• NEVER divulge personal or financial information to unknown callers.
• Report all suspicious calls to the HSI tip line and if you are unsure about the validity of a call from SEVP officials, please contact CGPS.

November 12, 2020

The Career Center provides several resources to help students avoid potential fraudulent or improper practices by employers. Students who are applying for or accepting any position are encouraged to be prudent and use common sense and caution throughout the application process. Students who have any concerns about a prospective employer can refer to their Fraudulent Employer & Job Posting Warning & Disclaimer webpage that provides resources and information about these topics.

November 4, 2020

CGPS has learned from the ICE Office of Professional Responsibility (OPR) that there is an active scam campaign targeting international students around the country. It is reported that individual ICE imposters have been impersonating ICE Agents and are demanding money to solve a fake immigration issue. These imposters specifically target international students who have valid status. Imposters will use very convincing lingo and descriptions to falsely claim that your immigration status is in jeopardy. They make demands of money or merchandise to solve the fraudulent issue.

Please be aware that U.S. Immigration and Customs Enforcement and other U.S. government agencies do their business via mail and officials will never call and request personal information or money in exchange for lawful immigration status or other immigration or government services. Note that scammers are able to “spoof” local ICE phone numbers.

Read more from ICE about this scam.

Please do not hesitate to contact CGPS should you have any questions.

September 4, 2020

CGPS has been informed of several scams targeting international students in the U.S. and on campus this fall. Students reported receiving scam calls, emails, and social media posts related to immigration, employment and even package deliveries. In at least one scam, the caller posed as an immigration official and demanded large amounts of money using threats about the student’s visa status. Other students have reported false or misleading information about international student employment on social media.

As a reminder, U.S. government agencies do their business via mail and officials will never call and request personal information or money to be transferred to an individual. They will also never request that items or gift cards be purchased and shared.

January 15, 2020

CGPS has been informed of a scam targeting international students on campus. In at least one scam, the caller posed as an ICE agent and demanded gift cards be purchased and shared with the caller.

As a reminder, U.S. government agencies do their business via mail and officials will never call and request personal information or money to be transferred to an individual. They will also never request that items or gift cards be purchased and shared.

If you have been the victim of this or any other scam, please do not hesitate to contact CGPS for assistance.

October 29, 2019

The Department of State's Exchange Visitor Progam has seen an increasing number of phone and email scams affecting exchange visitors. These include housing and rental scams that demand that exchange visitors transfer money to a fradulent relator or landlord before they start their program. Other scams involve phone calls from alledged government representatives demanding personal information and money with threats of deportation from the U.S.

Read more about these scams:
• Housing Scams
• Imposter Scams

If any J scholars, or anyone else at UD, have been a victim of one of these scams, please contact CGPS for guidance.

October 28, 2019

CGPS has been informed of a scam targeting Taiwanese and Chinese students abroad. A fake organization is selling an online certificate course called "Neuro-Linguistic Programming" and claiming it is offered by the University of Delaware. This is not a program offered by UD.

CGPS Expresses Support for Students and Scholars from Taiwan

April 3, 2024

The Center for Global Programs and Services sent direct emails to the students from Taiwan regarding the recent earthquake. Read the Alert from Crisis24.

Preparing for a Potential Government Shutdown - Government Funded Through FY 2024

March 25, 2024

On March 23, 2024, Congress passed a spending package and President Biden signed the bill into law that will fund several federal agencies, including immigration, through the end of the fiscal year 2024. The impacted agencies include the U.S. Department of Homeland Security, Department of Labor, and Department of State.  The government agencies will continue to function without funding interruption through September 30, 2024, the end of the fiscal year 2024.

If you have any questions, please contact CGPS to discuss your situation with an immigration services advisor.

March 4, 2024

On March 1, 2024, a stopgap spending bill was signed by the President to fund the government. The latest stopgap bill again uses a two-tiered approach to continue government funding. Several federal agencies, such as the U.S. Department of Labor, Homeland Security, and Department of State will be funded through March 22, 2024. Other agencies and programs, unrelated to immigration operations, will be funded through March 8, 2024.

CGPS continues to monitor the situation closely. If you have any questions, please contact CGPS to discuss your situation with an immigration services advisor.

November 19, 2023

On January 19, 2024, a stopgap spending bill was signed by the President to fund the government. The latest stopgap bill again uses a two-tiered approach to continue government funding. Several federal agencies, such as the U.S. Department of Labor, Homeland Security, and Department of State will be funded through March 8, 2024. Other agencies and programs, unrelated to immigration operations, will be funded through March 1, 2024.

CGPS continues to monitor the situation closely. If you have any questions, please contact CGPS to discuss your situation with an immigration services advisor.

November 17, 2023

On November 16, 2023, a stopgap spending bill was signed by the President to fund the government as part of a two-step plan. The first step of the plan extends funding until January 19, 2024, for priorities including military construction, veterans’ affairs, transportation, housing, and the Energy Department. Anything not covered by the first step, including immigration operations, will be funded through February 2, 2024. 

CGPS continues to monitor the situation closely. If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation.

October 2, 2023

A continuing resolution passed Congress late Saturday that will fund the federal government through November 17, 2023, while negotiations on the fiscal year 2024 budget continue.  Government agencies, including immigration operations, will remain open until at least the November 17 deadline.  

CGPS continues to monitor the situation closely. If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation.

September 29, 2023

At this time, Congress has not passed spending bills or a continuing resolution needed to keep the government operational beyond September 30, 2023. Please note that fee-funded entities, such as consular services and USCIS, are expected to remain open. However, we understand there may be concerns about how it might impact travel and immigration processing. We are therefore providing you with a few general guidelines based on previous shutdowns:

• If you are traveling abroad but your visa stamp does not expire before re-entry: The government shutdown should not have an impact on you. U.S. Customs and Border Protection checkpoints should remain open for entry into the United States. 

• If you are traveling abroad and need a visa stamp: Currently, we do not expect visa applications to be impacted. However, students and scholars with international travel plans that would require them to obtain a new visa stamp should monitor the situation closely and may need to cancel their travel plans or risk not being able to return to the U.S. as planned. Please also check the consulate/embassy’s website for the most recent guidance.

• If you applied for OPT and are waiting on your EAD: USCIS should continue processing requests. However, if USCIS needs support from an agency affected by the shutdown (for example, processing a security clearance as part of your application), you may experience delays while the shutdown is in effect.

• If you applied for an H-1B or a change of status to USCIS: USCIS should continue processing requests. However, if USCIS needs support from an agency affected by the shutdown (for example, processing a security clearance as part of your application), you may experience delays while the shutdown is in effect.

• If you are a UD Department filing a Labor Condition Application (LCA) or Prevailing Wage Determination (PWD) for an H-1B Employee: Since the Department of Labor is not a fee-based entity, all LCA and PWD processing will likely be suspended.  This will delay all H-1B Filings that have not yet received a certified LCA.  

CGPS continues to monitor the situation closely. If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation. For more information, please visit the Klasko Law website.

USCIS Updates Fees and Premium Processing Timeline

February 7, 2024

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register to increase USCIS fees. The new USCIS fee schedule will go into effect on April 1, 2024 and will increase filing fees for many immigration petitioners and applicants.  Please note that since the University of Delaware is a Nonprofit organization as defined by Internal Revenue Code Section 501(c)(3), it is exempt from many of the fee increases or eligible for a reduced fee. 

Please note the following updates to filing fees:

• H-1B: I-129 filing fee will increase from $460 to $780 but will exclude H-1B petitions filed by small employees and nonprofits, which will remain at $460)

• O-1: I-129 filing fee filed by small employers and nonprofits will increase to $530

• E, H-3, P, Q, R, or TN: I-129 filing fee by small employers and nonprofits will increase to $510

• Form I-539 Application to Extend/Change Nonimmigrant Status: filing fees will increase to $420 for electronic filings and $470 if submitted as a paper filing.

• Form I-765 Application for Employment Authorization: filing fees will increase to $470 for electronic filings and $520 if submitted as a paper filing.

• Immigrant petitions (green card):

  • I-140 filing fee will increase from $700 to $715

  • I-485 filing fees will increase from $1,140 to $1,440. The fee will remain $1,440 where biometrics are required.

In addition, USCIS will extend the premium processing adjudication period from calendar days to business days, a change that will extend premium processing times by a week or more, depending on the case type. 

For more information, please see the USCIS News Release and FAQs on the USCIS Fee Rule.  If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation.

CGPS Expresses Support for Students from Japan

January 4, 2024

The Center for Global Programs and Services sent direct emails to the students from Japan regarding the recent earthquake. Read the Alert from Crisis24.

Department of State Extends Visa Interview Waiver Program

January 4, 2024

On December 21, 2024, the U.S. Department of State (DOS) announced the extension of the nonimmigrant visa interview waiver program. The extension will take effect on January 1, 2024 and will remain in place until further notice. Per the program extension, U.S. consular officers will have the discretion to waive the in-person visa interview for:

• First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
  

• Applicants applying for any nonimmigrant (F-1, J-1, H-1B, etc.) visa classification who:
  

  • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and

  • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

To be eligible for an interview waiver, applicants must also meet certain criteria, including that they:

• apply in their country of nationality or residence.
  

• have never been refused a visa (unless such refusal was overcome or waived).
  

• have no apparent or potential ineligibility.

Please note that consular officers may still require in-person interviews on a case-by-case basis.  Applicants are encouraged to check embassy and consulate websites for more detailed information about visa application requirements.  For more information, please see the Department of State.  

If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation.

Pilot Program for Stateside Renewal of H-1B Visas Issued by Canada and India

January 4, 2024

On December 21, 2023, the Department of State (DOS) announced a pilot program to resume domestic visa renewal for certain H-1B visa holders.  The pilot program will accept applications from January 29, 2024, to April 4, 2024 and is limited to the renewal of certain H-1B visas issued by DOS consular offices in Canada and India. 

Only H-1B visa holders are included in the pilot program. According to DOS, including other visa categories, such as H-4 dependents, created additional challenges that could not be resolved before the pilot launch date. 

Participation in the pilot program is limited to applicants who(se):

• Prior H-1B visa was issued by consular offices in Canada with an issuance date from January 1, 2020, through April 1, 2023; or in India with an issuance date of February 1, 2021, through September 30, 2021;

• Are not subject to a nonimmigrant visa reciprocity fee;

• Are eligible for a waiver of the in-person interview requirement;

• Have submitted ten fingerprints to the Department in connection with a previous visa application;

• Prior visa does not include a “clearance received” annotation;

• Do not have a visa ineligibility that would require a waiver;

• Have an approved and unexpired H-1B petition;

• Were most recently admitted to the United States in H-1B status;

• Are currently maintaining H-1B status in the United States;

• Period of authorized admission in H-1B status has not expired; and

• Intend to reenter the United States in H-1B status after a temporary period abroad.

Application Process

DOS will begin accepting applications on January 29, 2024, via https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html.  To control the number of applications received, DOS will release 4,000 application slots each week starting January 29, with 2,000 slots for H-1B visas issued in Canada and 2,000 slots for H-1B visas issued in India.  Applicants must submit an online DS-160 application and pay a non-refundable $205 MRV fee. Applicants will receive instructions through the portal on where and how to send their passport and other required documents.

The average processing time is expected to be six to eight weeks and the Department of State will not consider requests for expedited processing.  

For more information, please see the Federal Register.  If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation.

USCIS Premium Processing Fee Increases

January 4, 2024

On December 28, 2023, U.S. Citizenship and Immigration Services announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. The fee change will go into effect on February 26, 2024.

The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees once every two years. After leaving the fees unchanged for three years, DHS is increasing the premium processing fees to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. Please see the following table for the adjusted Premium Processing Fees:

For more information, please see the USCIS Announcement. If you have any questions, please contact an immigration services advisor at CGPS to discuss your situation.

Executive Order on Artificial Intelligence and the Immigration-Related Initiatives

November 3, 2023

On October 30, 2023, President Biden signed an Executive Order (EO) to establish guidelines for artificial intelligence (AI) security, innovation, and advancement, including several initiatives to attract and retain foreign talent in the field of AI. As part of the EO, the administration launched the new website AI.gov, which includes information on pathways for foreign nationals to bring their AI skills to the U.S. The following immigration-related initiatives are also covered:

• Consular Processing and Visa Petitions: Streamline processing times of visa petitions and applications by ensuring timely availability of visa appointments for noncitizens to travel to the U.S. to work on, study, or conduct research in AI or other critical and emerging technologies.

• J-1 Exchange Visitor Skills List: Initiate rulemaking to establish new criteria for the J-1 Exchange Visitor Skills List to potentially reduce the number of J-1s in AI and related fields who are required to return to their home country for two years after their program. The EO also requests that the Department of State consider updating the 2009 Exchange Visitor Skills List of countries and skills subject to the two year home-residency requirement.

• Revalidation For J-1 And F-1 Visas in the U.S.: Initiate rulemaking to expand the categories of nonimmigrants who qualify for the domestic visa renewal program to include academic J-1 research scholars and F-1 students in science, technology, engineering, and mathematics (STEM).

• H-1B Modernization: Continue the rulemaking process to modernize the H-1B program and enhance its integrity and usage, including by experts in AI and other critical and emerging technologies.

• Schedule A Occupations for the Green Card Process: Schedule A is a list of occupations for which the Department of Labor (DOL) has determined there are not sufficient U.S. workers who are able, willing, qualified and available. The EO requests that the DOL seek public input on possible updates to the list to identify AI and other occupations in which there are an insufficient number of qualified U.S. workers. Updates to the list may allow Foreign Nationals in these occupations to receive a Green Card faster. 

• Employment-Based Immigration Policies: Review and initiate any policy changes the agency determines necessary to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including the EB-1, EB-2 and O-1 categories, and the International Entrepreneur parole program. 

Please note that in most instances, agencies are not required to make changes to existing immigration policies based on the EO and any implementation of the above will likely depend on the federal agency’s resources. For more information, please see the White House Fact Sheet. 

CGPS continues to monitor the situation and will provide updates and guidance as new information becomes available. If you have any questions about your visa status, or need assistance while you are in the U.S., please do not hesitate to contact an immigration services advisor.

CGPS Expresses Support for Students and Scholars from Palestine

October 9, 2023

The Center for Global Programs and Services sent direct emails to the students and scholars from Palestine regarding regional conflict. Read the Alert from Crisis24.

CGPS Expresses Support for Students and Scholars from Israel

October 9, 2023

The Center for Global Programs and Services sent direct emails to the students and scholars from Israel regarding regional conflict. Read the Alert from Crisis24.

CGPS Expresses Support for Student from Libya

September 12, 2023

The Center for Global Programs and Services sent direct emails to the student from Libya regarding widespread flooding. Read the Alert from Crisis24.

Update: Temporary Protected Status (TPS) & F-1 Special Student Relief (SSR) Announced for Ukrainian Nationals in the U.S. 

August 23, 2023

On August 18, 2023, the Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025. In addition, DHS announced a redesignation of TPS for Ukrainian nationals residing in the U.S. as of August 16, 2023, to be eligible for TPS. 

A notice to extend Special Student Relief (SSR) was also announced for Ukrainian students on F-1 visas.  Students with SSR approved by USCIS are able to obtain employment authorization, increase their work hours, and adjust their course load while maintaining their F-1 visa status. 

For more information, please see the DHS announcement. If you have any questions about your visa status, or need assistance while you are in the U.S., please do not hesitate to contact our office.

May 2, 2022

On April 19, 2022, the Department of Homeland Security (DHS) published the Federal Register notice designating Ukraine for Temporary Protected Status (TPS) for an 18 month period, beginning April 11, 2022 and ending on October 19, 2023. If granted TPS, individuals are authorized to remain in the U.S. and receive temporary authorization to work. Under TPS, individuals are also eligible to apply for advance parole which allows them to travel abroad and return to the United States.

Also on April 19,2022 DHS announced that Ukrainian students will be eligible for Special Student Relief (SSR), permitting F-1 students to obtain employment authorization, increase their work hours, and adjust their course load while maintaining their visa status. To be eligible, an F-1 student must:

• Be a citizen of Ukraine, regardless of country of birth (or be an individual having no nationality who last habitually resided in Ukraine);

• Have been lawfully present in the United States in F-1 nonimmigrant status on April 19, 2022;

• Be currently maintaining F-1 nonimmigrant status;

• Be enrolled in an SEVP-certified academic institution; and

• Be experiencing severe economic hardship "as a direct result of the ongoing armed conflict in Ukraine"

Additional information on SSR:

• NAFSA's Special Student Relief For F-1 Students: Essential Concepts

• SEVP Study in the States’ Special Student Relief

Additional information on TPS:

• NAFSA's Basics of Temporary Protected Status

• The American Immigration Council's page Ukrainians in the United States Who May Qualify for Temporary Protected Status: An Overview

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you have any questions about your visa status, or need assistance while you are in the U.S., please do not hesitate to contact our office at any time. 

March 3, 2022

On March 3, 2022, the U.S. Department of Homeland Security (DHS) announced a Temporary Protected Status (TPS) designation for Ukrainian nationals in the U.S. The 18-month designation will go into effect once the official notice is published in the Federal Register, which is expected soon. The U.S. Secretary of Homeland Security usually designates a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. 

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS:

• Are authorized to remain in the U.S.

• May request an employment authorization document (EAD) as permission to work in the U.S.

• May be granted an Advance Parole travel document to travel outside of the U.S.

Ukrainian nationals eligible for this designation must have continuously resided in the United States since March 1, 2022 to be eligible for TPS. The Federal Register notice will provide instructions for applying for TPS and an EAD. TPS applicants must meet all eligibility requirements and undergo security and background checks.

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you have any questions about your F-1 or J-1 visa status, or need assistance while you are in the U.S., please do not hesitate to contact our office at any time. 

Additional information and updates about TPS:

• NAFSA: Immigration Resources: Ukraine
• USCIS: Temporary Protected Status    
• Klasko: FAQs for Temporary Protected Status for Ukraine

Updated Cost of Attendance for 2023-24

For information on financial minimum requirements and service fees for international students, scholars, and employees at UD, please see the updated ISSS Costs of Attendance page. The ISSS Cost of Attendance page is updated every July when the new University tuition rates and fees are announced for the upcoming academic year. If you have any questions regarding the financial minimums or fees, please do not hesitate to contact CGPS at any time. 

June 5, 2023

The Department of State (DOS) is delaying the effective date of the visa processing fee increase until June 17, 2023. DOS said this was to “provide for a 60-day delay in the effective date after receipt of the final rule in the Congress.” If you have any questions regarding the visa processing fees or about your immigration status in the US, please do not hesitate to contact an immigration services advisor at CGPS to discuss your situation.

Updated: March 2020 SEVP Guidance to be Extended through 2022-23 Academic Year
 

On April 18, 2022, in a Broadcast Message the Student and Exchange Visitor Program (SEVP) announced that they will extend the guidance originally issued in March 2020 for the 2022-23 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. 

No changes to the original guidance have been made, thus allowing schools and students to continue to engage in distance learning beyond the regulatory limits during COVID-19.  For more information, please see the NAFSA website. As a reminder, under the SEVP March 2020 Guidance:

• Continuing F-1/J-1 Students: F-1 and J-1 students with active I-20/DS-2019 SEVIS records are permitted to enroll in online only courses as long as they are otherwise maintaining status.

• New (Initial SEVIS Status) F-1/J-1 Students outside the U.S.: International students are eligible to start their academic program online while outside the U.S. but your F-1/J-1 status will not be activated until you arrive in the U.S. for in-person coursework. ISSS is required to defer your immigration record (I-20/DS-2019) until your program has a “physical presence” requirement in the U.S.

• New (Initial SEVIS Status) F-1/J-1 entering the U.S.: You may not enter the U.S. for a program that is 100% online. You will need to enroll in at least one in-person course in order to be eligible to enter the U.S.

  • New (Initial) Graduate students on a Graduate Contract: will need to enroll in one in-person/hybrid course outside of their graduate contract to be eligible to enter the U.S.

  • New (Initial) Graduate students on Sustaining Status: Most sustaining students should already be active in SEVIS. However, if you are returning from a leave of absence and have finished all your coursework requirements, you should be permitted to enter the U.S. in sustaining status if you have research that requires your physical presence in the U.S. to complete your degree program.

For more information on how the COVID-19 March 2020 guidance relates to your program at UD, we invite you to read our list of COVID-19 ISSS Frequently Asked Questions. Our immigration advisors are available Monday - Friday between 8 a.m. and 5 p.m. to schedule an appointment over Zoom. 

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you have any questions, please do not hesitate to contact our office at any time.

January 28, 2017

The new Presidential executive order that was signed yesterday imposes a temporarily ban, for a period of at least 90 days, on entry to the United States for foreign nationals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. While we are still assessing the complete nature of this order’s implications, we offer you with some immediate guidance below.

• For citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen:If you are currently outside of the United States, please email OISS immediately at oiss@udel.edu to let us know your current location.

• If you are currently in the United States, we recommend that you refrain from any international travel for the forseeable future.   

• We also advise that you and your family members carry a valid form of identification with you at all times.

 
Please also know that the Office for International Students & Scholars continues to monitor the situation regularly and will communicate with you individually as soon as additional updates are available. If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.
We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu. The Center for Counseling & Student Developmentalso offers resources to those seeking support and can be reached by calling (302) 831-2141 during normal business hours.

For more information on the Executive Order, please see NAFSA's Travel Advisory.

January 30, 2017

On Friday, January 27, 2017, a Presidential executive order was signed to prohibit foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen from entering the United States for 90 days. The order was put in place immediately and resulted in some level of confusion at U.S. ports of entry and abroad. The U.S. government has since provided some limited guidance on the implementation of the executive order, and federal courts have issued orders that limit the ban to some extent. Please be aware that policies are not being implemented consistently on the ground, and that the situation may change at any time.
Below is a summary of the latest updates provided by the University’s immigration counsel, Goldblum & Pollins Immigration Law, regarding the implementation of the Order for those abroad and in the United States:

• Foreign Nationals in the U.S. from the designated countries:Refrain from traveling internationally. If emergency travel is necessary, it is recommended to consult with an immigration attorney if you plan to re-enter the US. 

• Be aware that reports indicate that US Citizenship & Immigration Services has suspended adjudication of immigration benefits sought by individuals from the specified countries.

• Foreign Nationals outside the U.S. from the designated
  countries:Nonimmigrant visa holders (e.g., F, J, H, O): It is likely that you will be denied boarding of flights, and may find that your visa has been revoked.

• Visa Applicants: US Consular offices are cancelling scheduled visa interviews and issuance of visas to individuals from the designated countries.

• Lawful Permanent Residents (LPRs or Green Card holders): According to the DHS press release issued on January 29, 2017, LPRs who are nationals of the specified countries will be permitted to return to the United States. Please consult with an immigration attorney to discuss how and where to seek re-entry to the US. Expect significant delays in secondary inspection, and be mindful of your social media activity, as reports indicate Customs & Border Officers have requested to see such accounts. Returning LPRs should not automatically surrender their green cards if asked to do so. Form I-407 must be signed voluntarily. An LPR who refuses to sign Form I-407 will be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.

• Foreign Nationals of ALL OTHER countries outside the U.S.:
  The Visa Interview Waiver Program has been immediately suspended. Previously, some visa holders were permitted to renew their visas without appearing at the U.S. Embassy for an interview. This program has now been suspended. Please note that The Visa Waiver Program is still in place as it has been.

• Expect significant delays and changed procedures at all US Consular Offices. You should allow plenty of time for visa processing as interview wait times are expected to increase significantly. You can review the appointment and processing times at the Department of State’s website.

• Expect that Visa Interview appointments will become more difficult to obtain, delaying travel plans and your re-entry.

• Be aware: The list of designated countries may be expanded following review by the Secretaries of State and Homeland Security.

The Office for International Students and Scholars continues to monitor the situation regularly and will post any new updates on this page. If you have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

February 2, 2017

Important Update: No current plans to expand travel ban beyond current countries
According to the University's immigration counsel, there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in the Executive Order. This includes Colombia and Venezuela, which have been widely rumored to be under consideration. The Department of State and the American Immigration Lawyers Association (AILA) have confirmed that there is no information that supports such a rumor at the moment.

However, entry to the U.S. by nonimmigrant and immigrant visa holders bearing passports from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen is still barred. US citizens and lawful permanent residents are not subject.
Please contact OISS if you have any questions about travel outside the U.S.

February 4, 2017
Executive Order temporarily overturned

On Friday, Feb. 3, a federal judge in Washington issued a ruling that overturned the Executive Order nationwide. While reports indicate that U.S. Customs and Border Protection have instructed airlines to board travelers as usual, not all issues surrounding the travel ban have been immediately resolved. We therefore strongly recommend against any travel outside the U.S. for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen until we receive more information on the issue. USCIS has released a statement suggesting that they will resume adjudication of petitions and applications filed by or on behalf of individuals from the designated countries.

If you are a foreign national from one of the seven restricted countries and are currently in the United States, traveling internationally is highly inadvisable under current circumstances. If the Government obtains an emergency stay of the Temporary Restraining Order and the executive order is reinstated, you may be unable to return to the United States for the duration of the entry ban.

If you are a foreign national from one of the seven restricted countries and are outside the United States, contact OISS ASAP before traveling or making plans to travel to the United States. We will work with our immigration counsel to advise you accordingly. Traveling remains risky. If the Government obtains an emergency stay of the Temporary Restraining Order, the entry ban may once again be in effect when you land at a U.S. port of entry and you may not be admitted.

February 10, 2017
Travel ban remains lifted, but caution advised

On February 9 a Federal appeals court did uphold the decision to suspend the travel ban. Individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are able to enter the U.S. We remind you that the situation continues to be highly fluid and could still change at any moment. Our conservative recommendation for individuals from these seven countries is to refrain from traveling outside of the United States. UD students and scholars who are currently outside of the United States are reminded to check in with OISS and to remain cautious when making travel plans.

For more details, please visit NAFSA's travel advisory page. As always, those with questions or concerns are welcome to contact OISS by phone at (302) 831-2115 or by email at oiss@udel.edu.

February 13, 2017

Forum on the Executive Order-- Recordings available online

Recordings of the two-session open forum on the Executive Order can now be heard online. Session one, an information session, was led by Goldblum & Pollins' Kristen Repyneck Dennis. Session two, an academic forum, featured:

Kassra Oskooii (Political Science & International Relations)

Stuart Kaufman (Political Science & International Relations)

Ikram Masmoudi (Languages, Literatures and Cultures)

Paul Brewer (Communication)

Scott Stevens (English Language Institute)

Janica Cimo (Office for International Students & Scholars)

Kristen Repyneck Dennis (Goldblum & Pollins)

March 6, 2017

New Travel Ban Announced

On March 6, 2017, the White House announced a new travel ban impacting nationals and citizens of six countries: IRAN, LIBYA, SOMALIA, SUDAN, SYRIA, AND YEMEN, effective as of 12:01 AM EDT on March 16, 2017. The Executive Order (EO) excludes Iraq from the original list of countries, although travelers from Iraq may experience longer delays in visa issuance.

This EO affects only those from the 6 countries who are currently outside the U.S. and do not have a valid U.S. visa.

For foreign nationals from one of the six restricted countries who are currently in the United States, traveling internationally is highly inadvisable under current circumstances. Please consult with an OISS advisor if you have any questions.

Foreign nationals who are not from one of these countries planning to travel outside of the U.S. should make sure they have the necessary travel documents and valid visa before departing from the U.S. Always check with OISS whenever in doubt.

This new EO DOES NOT APPLY to:

Lawful permanent residents of the United States (“green card” holders);

Any foreign national who has a document OTHER than a visa, valid on March 16, 2017 (or issued thereafter), that permits him or her to travel to the United States and seek entry or admission (e.g., an Advance Parole document);

Any dual national of a designated country when traveling on a passport issued by a non-designated country;

Any foreign national traveling on designated diplomatic visas; OR

Any foreign national who has been granted asylum, any refugee who has already been admitted to the United States, or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture. Waivers of the travel ban may be available on a case-by-case basis.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

March 15, 2017

Travel Ban Temporarily Blocked

A federal district judge in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the U.S. government from enforcing an executive order that sought to suspend the entry of many nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from all countries. The entry suspensions were set to be implemented at 12:01am EDT on Thursday, March 16, but are now on hold.

The TRO means that foreign nationals who would have been subject to the executive order should be able to apply for visas and enter the United States provided they are otherwise admissible. However, since the situation remains highly fluid, our conservative recommendation for individuals from those six countries is to refrain from traveling outside of the United States.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns, please do not hesitate to contact our office at any time.

April 20, 2017

"Buy American and Hire American" Executive Order

On April 18, 2017, the president signed the "Buy American and Hire American" Executive Order which directs federal agencies to propose tougher eligibility standards for the H-1B and other employment-based immigration programs. The executive order states that government agencies shall, “as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest paid petition beneficiaries." However, the executive order does not enact any definitive change in the H-1B visa program since the proposed changes would likely require new legislation or regulations. OISS continues to monitor the situation and will post any new updates on this page.

If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.

May 25, 2017

Federal Appeals Court Upholds Suspension of Travel Ban

On May 25, 2017, the US Court of Appeals for the Fourth Circuit upheld a nationwide injunction on President Trump's revised travel ban. The decision means that at this time the Travel Ban Executive Order remains suspended. Nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen can continue to apply for visas and enter the United States provided they are otherwise admissible. If the administration wants to challenge the Fourth Circuit's decision, they may petition the US Supreme Court for review. While the travel ban remains suspended, nationals of the six restricted countries should be prepared for the possibility of lengthy security checks during the visa application process and increased scrutiny at U.S. ports of entry.

If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.

June 1, 2017

Administration asks the Supreme Court to allow implementation of the Travel Ban

On June 1, 2017, the Justice Department filed an appeal asking the Supreme Court to uphold the travel ban. The administration is asking that the Supreme Court overturn the injunctions issued by the District Courts. The government has filed:

An application for an emergency stay of the injunctions, which, if granted, would reinstitute the travel ban immediately.

A full appeal to overturn the lower courts’ decisions.

The Supreme Court will first consider the application for an emergency stay, and could make that decision within about two or three weeks. If the Court agrees to grant the request, it could reinstate the entry ban as early as this month. The Court then will decide whether to hear the government’s full appeal. If the Court accepts the full appeal, the administration is asking that it be heard at the start of the Court’s next term in October.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns, please do not hesitate to contact our office at any time.

June 27, 2017

Supreme Court allows parts of the Travel Ban to take effect

On June 26, 2017, the U.S. Supreme Court partially granted the government’s Travel Ban to go into effect. The ban, however, will only apply to individuals from the six countries who DO NOT have a bona fide connection to a U.S. family member or U.S. entity.  Importantly, the court provided the following examples of individuals with bona fide connections to the U.S. who are NOT subject to the bans:

a foreign national with a close familial relationship seeking to enter the U.S. to live with or visit a family member;

a formal, documented relationship with a U.S. entity made in the ordinary course of business, e.g.,

• a student admitted to a U.S. college or university,

• a worker who accepted an offer of employment from a U.S. company

• or a lecturer invited to address a U.S. audience;

a refugee who can credibly claim a bona fide relationship with a person or entity in the U.S.

While students and scholars should continue to be exempt from the Travel Ban, nationals of the six restricted countries should be prepared for the possibility of lengthy security checks during the visa application process and increased scrutiny at U.S. ports of entry. If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.

September 24, 2017

On September 24, 2017 the President signed a new proclamation stating a travel ban will apply to Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen as the prior 90-day entry ban has expired. Removed from the previous ban is Sudan while North Korea, Venezuela, and Chad have been added. Also, the new ban no longer permits exemptions for foreign nationals that have a bona fide relationship with a person (such as a family member) or entity in the US. The new ban will take effect October 18th, 2017 with the following travel limitations and restrictions unique to each country:

North Korea and Syria: Immigrant (permanent resident) and Nonimmigrant visas (including students and scholars on F and J visas) are suspended.

Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Iran: Immigrant and nonimmigrant visas are suspended, except valid student (F and M) and exchange visitor (J) visas. F, M, J visa holders will be subject to enhanced screening and vetting requirements.

Somalia: Immigrant visas are suspended. Additionally, visa processing of nonimmigrant visas will be subject to additional scrutiny.

Chad, Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Please note that visa suspension refers to visa processing for those who are OUTSIDE of the U.S. effective October 18th, 2017. For foreign nationals already in the US, their visa status should be considered valid. It is highly recommended that students and scholars from the above countries contact OISS before making any travel plans outside the U.S.

As the situation remains fluid, OISS is closely monitoring the implementation of, and challenges to the Proclamation and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website and the U.S. Department of State. If you have any questions or concerns, please do not hesitate to contact our office at any time.

October 17, 2017

New Travel Ban Partially Blocked

On Oct. 17, 2017, the U.S. District Court for the District of Hawaii issued a Temporary Restraining Order (TPO) blocking the government from enforcing the newest the travel ban against foreign nationals from Syria, Libya, Iran, Yemen, Chad and Somalia. The travel ban for North Korea and government officials from Venezuela were not included in the TPO and will remain in effect.

As the situation remains fluid, OISS is closely monitoring the challenges to the Travel Ban and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

November 13, 2017

Travel Ban Partially in Effect

The U.S. Court of Appeals for the Ninth Circuit has issued an order that will temporarily enforce the travel restrictions against certain nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen, but will exempt travelers with a bona-fide relationship to a person or entity in the United States. A bona-fide relationship includes:

Close family member in the United States, such as immediate family as well as grandparents, grandchildren, brothers/sisters-in law, aunts, uncles, nieces, nephews, and cousins.

A U.S. entity, such as a sponsoring employer, where the relationship is documented, formal, and not formed for the purposes of evading the ban.

The travel ban put in place on Sept. 24, 2017 on North Korea and Venezuela continues to remain in effect.

OISS is closely monitoring the situation and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website and U.S. Department of State. If you have any questions or concerns, please do not hesitate to contact our office at any time.

December 5, 2017

Supreme Court allows administration to fully enforce new Travel Ban

On December 4, 2017, the Supreme Court issued an order allowing the Presidential Administration to implement its newest travel ban while lower courts continue to consider challenges to it. The travel ban had been partially blocked for citizens of Chad, Iran, Libya, Syria, Yemen, and Somalia who could demonstrate they had a bona fide relationship with a person or entity in the US. The new Supreme Court order now allows the government to fully enforce the Travel Ban announced on Sept. 24, 2017 on all 8 countries, while appeals and further proceeding continue in the lower courts. The Supreme Court orders also mean that for now, whether a citizen of one of the 8 countries has a bona fide relationship with a person or entity in the US is no longer relevant in exempting them from the travel ban.

As the situation remains fluid, OISS is closely monitoring the challenges to the travel and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

December 8, 2017

U.S. State Department to implement new Travel Ban

The State Department has announced that they will begin to fully implement the third travel ban effective December 8, 2017. The Travel Ban in effect from the Sept. 24, 2017 Proclamation includes travel limitations and restrictions unique to each country:

North Korea and Syria: Immigrant (permanent resident) and Nonimmigrant visas (including students and scholars on F and J visas) are suspended.

Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Iran: Immigrant and nonimmigrant visas are suspended, except valid student (F and M) and exchange visitor (J) visas. F, M, J visa holders will be subject to enhanced screening and vetting requirements.

Somalia: Immigrant visas are suspended. Additionally, visa processing of nonimmigrant visas will be subject to additional scrutiny.

Chad, Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Visas already issued will not be revoked regardless of the date of issuance. Foreign nationals from restricted countries should still be able to travel to the United States using a previously-issued valid visa, but may face increased scrutiny on entry.

As the situation remains fluid, OISS is closely monitoring the situation and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

April 10, 2018

A Presidential Proclamation of April 10, 2018 removed Chad from the list of countries subject to Travel Ban 3.0, after a March 20, 2018 report from the Secretary of Homeland Security, in consultation with the Secretary of the Department of State, concluded "that Chad has made marked improvements in its identity-management and information-sharing practices." Chad is no longer subject to Travel Ban 3.0 effective April 13, 2018.

For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

June 26, 2018

Supreme Court Upholds Travel Ban

On Tuesday, June 26, 2018, the Supreme Court upheld the Travel Ban which restricts nationals from seven countries from entering the US. The Travel Ban includes travel limitations and restrictions unique to each country:

North Korea and Syria: Immigrant (permanent resident) and Nonimmigrant visas (including students and scholars on F and J visas) are suspended.

Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Iran: Immigrant and nonimmigrant visas are suspended, except valid student (F and M) and exchange visitor (J) visas. F, M, J visa holders will be subject to enhanced screening and vetting requirements.

Somalia: Immigrant visas are suspended. Additionally, visa processing of nonimmigrant visas will be subject to additional scrutiny.

Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

Travel Ban Update: 6 Additional Countries to Be Added

January 23, 2020

Dear international students & scholars,

You may have heard in the news this morning that President Trump is planning to add 6 additional countries to the executive order relating to U.S. immigration enforcement. These countries are Belarus, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania. While these details are not yet official, we wanted to let you know that OISS is monitoring the situation carefully and will communicate with you as soon as updates are available. Until full details of this update are released, we do not know its implications.

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

As always, it is a privilege to serve you.

Sincerely,

Ravi Ammigan, Ph.D.

Associate Deputy Provost, UD Global

Assistant Professor, School of Education

University of Delaware

(302) 831-2115

Proposed Executive Order to Temporarily Suspend Immigration

April 21, 2020

The Office for International Students and Scholars is monitoring reports following President Trump’s tweet on April 20, 2020 about signing an executive order to temporarily suspend U.S. immigration. At this time, no details of the scope, timing, or duration of the suspension had been provided. OISS is following the situation closely and will update you as additional information becomes available. 

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

Updated: Proposed Executive Order to Temporarily Suspend Immigration

April 22, 2020

The Office for International Students and Scholars is monitoring reports following President Trump’s announcement on April 20, 2020 that an executive order will be signed to temporarily suspend U.S. immigration. In a press briefing on April 21, the President declared that the forthcoming executive order will suspend green card issuance for 60 days, with possible exceptions. At this time, it is not yet known whether the order will affect applications for adjustment of status for green card seekers in the United States, immigrant visa issuance at U.S. consulates abroad, or both. According to some reports, H-1B, L-1 and other nonimmigrant worker programs would not be immediately affected. 

OISS is following the situation closely and will update you as additional information becomes available. If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

Presidential Proclamation Suspends Entry for a Limited Group of Green Card Applicants for 60 Days

April 23, 2020

On April 22 2020, President Trump signed a presidential proclamation to temporarily suspend the entry of certain green card applicants for 60 days, with a number of exceptions. The suspension takes effect at 11:59pm EDT on April 23, 2020 and will be in place for 60 days, with the possibility of extensions in the future.

The proclamation affects a limited group of prospective immigrants that:

• Are outside the U.S. on April 23, 2020

• Do not have an immigrant visa that is valid on April 23, 2020; and

• Do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document).

At this time, the proclamation does not apply to international students, scholars, and foreign nationals on F, J, H, TN, O, E, and L visas. It does not affect those already holding a valid immigrant visa or similar travel document, or applicants for adjustment of status to permanent residence in the U.S., along with the following exceptions:

• U.S. lawful permanent residents (current green card holders);

• Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;

• Applicants for EB-5 immigrant visas;

• Spouses of U.S. citizens;

• Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;

• Foreign nationals whose entry would further important U.S. law enforcement objectives;

• Members of the U.S. armed forces and the spouses and children of such individuals;

• Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and

• Foreign nationals whose entry is in the U.S. national interest.

You can read the full details of the presidential proclamation here. Additional information can be found on the NAFSA website. 

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

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

May 29, 2020

On May 29, 2020, President Trump signed a Presidential Proclamation suspending entry into the U.S. for F or J visas to study or conduct research at the graduate level or as a researcher “who either receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “military-civil fusion (MCF) strategy”. This is not expected to affect other students and scholars. Undergraduate students are also exempt from this proclamation, which goes into effect on June 1, 2020 at 12:00 p.m. eastern daylight time. 

Please know that the Office for International Students & Scholars continues to monitor the situation and will communicate with you as soon as updates are available.

Find additional information from Goldblum & Pollins Immigration Law. 

If you should have any questions or concerns, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

New Proclamation Suspending Entry of Certain Students and Researchers from China

June 1, 2020  

This is an update about the new Presidential Proclamation that suspended entry of certain students and researchers from the People’s Republic of China into the U.S. Please know that CGPS is monitoring the developing situation very closely and will continue to send updates as more information and details are announced. If you should have any questions or concerns, please do not hesitate to contact our office at any time. We are here to assist you and we can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.  

The Presidential Proclamation went into effect June 1, 2020, at 12:00 p.m. EDT and remains in effect until terminated by the President of the United States.  

Who is Affected? 

The proclamation suspends and limits the entry of Chinese nationals on an F-1 or J-1 visa at the graduate or post-doctoral level who both: 

1. Are outside of the United States on the effective date of this proclamation and
2. Currently or previously receives(ed) funding from or is (was) employed by, studies(ed) at, or conducts(ed) research at or on behalf of an entity in the PRC that implements or supports the PRC’s "military-civil fusion strategy.” 
    

 Who is Not Affected? 

The proclamation provides exemptions for certain categories, including, but not limited to:  <ul class="exception       

• Undergraduate students
• Lawful U.S. permanent residents
• Spouses of U.S. citizens or lawful permanent residents
• Members of the U.S. Armed Forces and their spouses or children

How Will Students and Scholars in the U.S. be Affected? 

Currently, the order only covers individuals applying for entry into the U.S. The U.S. Secretary of State must consider whether to revoke the existing F or J visas of Chinese nationals in the U.S. who meet criteria 2 above. If your visa is revoked, it does not impact your current status within the U.S., but you would not be able to return to the U.S. after international travel.  

Additional Resources:  

Update from Goldblum & Pollins Immigration Law 

Update from NAFSA: Association of International Educators

U.S. Department of State Fact Sheet on Military-Civil Fusion and the People's Republic of China

CGPS continues to monitor the situation and will communicate with you as soon as updates are available. We encourage you to contact our office if you have any questions about the impact of this proclamation on your immigration status in the U.S. 

New Presidential Proclamation Impacting Employment-Based Non-Immigrants

June 22, 2020

This is an update about the new Presidential Proclamation that goes into effect at 12:01 a.m. eastern daylight time on June 24, 2020. It suspends the entry of H-1B, H-2B, H-4, L-1, L-2, and certain J-1 visa holders who are currently outside the U.S. and do not have a visa that is valid on the effective date of this proclamation.   

This proclamation does not apply to:          

• F-1 Students and those on OPT and STEM OPT

• J-1 Students, Research Scholars, Professors, Short-Term Scholars, and Specialists

• H-1B/L-1 visa holders physically present in the U.S.

• H-1B/L-1 visa holders already in possession of a valid visa

• TN, B-1, E-3, O-1 and other temporary work visa holders

• Any U.S. lawful permanent resident

• Spouses and children of U.S. citizens

Foreign nationals planning to travel outside the U.S. are encouraged to consult with CGPS before finalizing their plans. At this time, we do not know how this Proclamation will affect Canadian nationals who do not require any of the above-named visas to enter the U.S.   

You can read the full proclamation here.  

CGPS continues to monitor this developing situation very closely and will send updates as new information becomes available. If you have any questions or concerns, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.  

Amendment to Presidential Proclamation Impacting Employment-Based Non-Immigrants 

July 3, 2020

On June 29, 2020, the U.S. President issued an amendment to the June 24 proclamation to clarify that foreign nationals are exempt from the proclamation if they hold a valid visa in one of the restricted categories (H, J, or L) and are seeking entry to the United States pursuant to that visa.

Those holding a valid visa in another category – such as F-1 or B-1 – will not be able to obtain a new H, L or J visa while the proclamation is in force, though changes of status within the United States (including changes of status to H-1B) should not be affected.

Foreign nationals outside the United States with an expired visa may be unable to renew or obtain a new H, L or J visa without a waiver, even if they had a valid visa on the effective date of the proclamation (June 24).

At this time, CGPS does not recommend international travel for foreign nationals who are in the United States with an expired visa as they may experience difficulty or delays obtaining a new H, L or J visa.

Canadian citizens, who are generally exempt from the visa requirement, should likely be exempt from this proclamation because they are not "seeking entry pursuant" to an H, J, or L visa. The American Immigration Lawyers Association (AILA) issued a practice alert on June 24, 2020 confirming this interpretation with Customs and Border Protection (CBP).

For more information, please see the NAFSA Proclamation Suspending Entry of Certain H, J, and L Nonimmigrants.

National Interest Exceptions to Presidential Proclamations Suspending the Entry of Certain H, J and L Visa Holders 

August 14, 2020

On August 12, 2020 the U.S. Department of State posted guidance on National Interest Exceptions under Coronavirus Proclamations for certain H, J and L visa holders. Please note that the original proclamation does not apply to F-1 students, J-1 Students, Research Scholars, Short-Term Scholars and Specials or H-1Bs holders already in the U.S. and H-1B holders in possession of a valid visa.

Exceptions for certain travel in the national interest by nonimmigrants may include the following for H-1B applicants:

• For travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research).
• Travel supported by a request from a U.S. government agency or entity to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations.
• Travel by applicants seeking to resume ongoing employment in the U.S. in the same position with the same employer and visa classification.
• Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the U.S. Consular officers may determine that an H-1B applicant falls into this category when at least two of the following five indicators are present:
  
  1. The petitioning employer has a continued need for the services or labor to be performed by the H-1B nonimmigrant in the U.S. Labor Condition Applications (LCAs) approved by DOL during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioner’s business.
  
  2. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need.
  
  3. The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent (see Part F, Questions 10 and 11 of the LCA) by at least 15 percent.
  
  4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. For example, an H-1B applicant with a doctorate or professional degree, or many years of relevant work experience, may have such advanced expertise in the relevant occupation as to make it more likely that he or she will perform critically important work.
  
  5. Denial of the visa pursuant will cause financial hardship to the U.S. employer.

Please note that individual circumstances can vary, as can the interpretations of consular officials and immigration inspectors. Foreign Nationals who need advice on whether the proclamation or exceptions apply to them should contact CGPS before making any travel plans.

For more detailed information, please see the NAFSA website and DOS: National Interest Exceptions. If you have any questions, please do not hesitate to contact CGPS at any time.

Presidential Proclamation Revoking the 2017 Travel Ban 

January 22, 2021

On January 20, 2021, President Biden issued a Presidential Proclamation revoking the 2017 Travel Ban that was upheld by the Supreme Court in 2018. International students, scholars, employees, and other foreign nationals are no longer subject to the 2017 Travel Ban:

• North Korea and Syria: Immigrant (permanent resident) and nonimmigrant visas are no longer suspended.
• Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are no longer suspended.
• Iran: Immigrant and nonimmigrant visas are no longer suspended (F and J visas were always exempt).
• Somalia: Immigrant visas are no longer suspended.
• Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are no longer suspended.

For more information on travel during the COVID-19 pandemic, please see the COVID-19 Updates & FAQs.

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. For more information on the revoked Travel Ban, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

President Biden Reinstates COVID-19 Travel Ban

January 25, 2021

U.S. President Biden has issued an executive order reinstating the COVID-19 travel bans in place for Brazil, European Schengen Countries, Ireland and the United Kingdom effective January 26 at 12:01 am EST. These restrictions will also be applied to travellers from South Africa, effective January 30 at 12:01 am EST.

Foreign nationals who have been physically present in one of these countries within 14 days of travel to the U.S. will be subject to the COVID-19 travel restrictions and barred from entry into the U.S., unless they qualify for an exception.

All international travelers over the age of two will be required to take a COVID-19 test prior to flying to the U.S., beginning tomorrow (January 26, 2021).

CGPS recommends ALL international travelers check with their airline for specific travel requirements prior to departure for the U.S.

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. For more information on the COVID-19 Travel Bans, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

Expired: Presidential Proclamation Suspending Entry of Certain H, J, and L Visa Holders

April 2, 2021

Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expired on March 31, 2021.

Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance. Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation 10052 may reapply by submitting a new application including a new fee.

While there are no visa classification-based nonimmigrant travel bans in effect, several COVID-19 public health bans remain in place and may impede visa issuance and travel. In addition, reduced operations and backlogs at U.S. consulates abroad may significantly delay scheduling of H, L and J visa appointments

For more detailed information, please see the NAFSA website and DOS: Update on Presidential Proclamation 10052. If you have any questions, please do not hesitate to contact CGPS at any time.

Presidential Proclamation for COVID-19 Travel Ban adds India; Certain exceptions to the ban for India, China, Iran, Brazil, and South Africa have been updated

May 14, 2021

On April 30, 2021, President Biden signed a proclamation effective May 4, 2021, which bars entry of travelers coming from India. This same type of travel ban is already in effect for Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom. Starting at 12:01 am EDT on May 4, 2021, foreign nationals who have been physically present in India within 14 days of travel to the United States will be barred from entry, unless they qualify for an exception.  

Please note that the U.S. Department of State has determined that the following individuals are eligible for a National Interest Exception (NIE) to travel while the ban remains in place:

• Students and certain academics covered by exchange visitor programs. Students subject to these geographic COVID proclamations due to their presence in India, China, Iran, Brazil, or South Africa, may qualify for a National Interest Exception only if their academic program, including optional practical training (OPT), begins August 1, 2021 or later. Students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual National Interest Exception to travel. They may enter the United States no earlier than 30 days before the start of their academic studies. 

Please note that students are still required to have a valid F-1 visa to enter the U.S. and should check the status of visa services at the nearest embassy or consulate in order to apply for a visa. 

Students and scholars on J-1 visas should contact their local consulate or embassy before traveling for more information on eligibility requirements to apply for the NIE as well as for J-1 visa appointments. For more information, please review the ISSS COVID-19 Frequently Asked Questions. 

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you are considering making travel plans, please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Travel Bans, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

Update: Department of State expands National Interest Exception (NIE) validity for COVID-19 travel ban. 

July 8, 2021

On June, 29, 2021 the Department of State announced it is expanding the validity of national interest exceptions (NIEs) granted under the regional COVID-19 travel bans. NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted. Please note that the policy remains that F-1 students are automatically granted NIEs who have been present in Brazil, China, India, Iran or South Africa for programs that begin on or after August 1, 2021. For F-1 students that meet the August 1,2021 or later program criteria, they do not need to obtain NIEs in advance from a consular section. 

If you have any questions, please contact an immigration services advisor at CGPS for further guidance. Additional information on travel, visa and entry requirements is available on the NAFSA website.

COVID-19 Travel Bans Expected to be Lifted in November

September 28, 2021

On September 20, 2021, media outlets reported that the White House Coronavirus Response Coordinator, Jeff Zients, announced plans to lift the COVID-19 Travel Ban in November for fully vaccinated individuals if they also show results of a negative COVID-19 test during the three days before their flight's departure to the U.S. Please note that at this time no official White House or Agency documentation has been released. For more information, please see the following of media reports:

• U.S. to relax restrictions for vaccinated international travelers in November, Reuters

• Biden administration eases COVID-19 ban on international travel, Roll Call

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you are considering making travel plans, please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Travel Bans, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

New COVID Travel Ban Issued for Several African Countries

November 30, 2021

On November 26, 2021, a Presidential Proclamation was issued by the United States imposing a new COVID-19 travel ban on foreign nationals with recent physical presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.

Effective November 29, 2021 at 12:01a.m. EST, foreign nationals who have been physically present in any of the above countries within 14 days of travel to the U.S. will be barred from entry, unless they qualify for an exception. Those who qualify for exceptions are still required to comply with COVID-19 vaccination and testing requirements that became effective on November 8, 2021.  Individuals exempt from the southern African travel ban include:

• U.S. citizens, nationals, and lawful permanent residents and their spouses;

• A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;

• A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both unmarried and under 21;

• A foreign national who is the child, foster child or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the U.S. on an IR-4 or IH-4 visa;

• A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;

• A foreign air or sea crewmember;

• Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants or whose travel falls within the scope of section 11 of the UN Headquarters Agreement;

• A foreign national whose entry would further important U.S. law enforcement objectives;

• A foreign national whose entry would be in the national interest; and

• Members of the U.S. armed forces and their spouses and children.

Neither the Department of State nor the Department of Homeland Security have published the eligibility criteria for national interest exceptions (NIE) for the November 26, 2021 travel ban. It should not be assumed at this time that NIEs issued under prior travel bans will be valid under the new COVID-19 travel ban.

CGPS will continue to monitor the situation closely and will provide updates and guidance as new information becomes available. If you are planning to travel or have any questions about your visa status in the U.S., please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Travel Ban, please see the NAFSA Website. 

COVID-19 Travel Bans Rescinded and Replaced with Vaccination Requirements, Effective November 8, 2021

Updated December 27, 2021

On October 25th, 2021, a presidential proclamation was issued which rescinds the current COVID-19 travel bans on China, India, Brazil, Iran, Ireland, the European Schengen Area, South Africa, and the UK, and replaces them with a COVID-19 vaccination requirement on nonimmigrants traveling by air from any country to the United States. This proclamation goes into effect at 12:01 a.m. eastern standard time on November 8, 2021. 

Under the new air travel policy, foreign nationals seeking to enter the U.S. as nonimmigrants, such as F-1, J-1 and H-1B visa holders, will need to show proof of full COVID vaccination prior to boarding a plane. This vaccine requirement is in addition to the existing requirement for all international travelers to provide a negative COVID test taken within three days of travel. 

What vaccinations will be accepted?

Only vaccines approved or authorized by the Food and Drug Administration (FDA) or listed for emergency use by the World Health Organization (WHO) will be accepted. Per the Centers for Disease Control and Prevention (CDC), authorized vaccines include the following:

• Janssen/J&J
• Pfizer-BioNTech
• Moderna
• AstraZeneca
• Covaxin
• Covishield
• BIBP/Sinopharm
• Sinovac
• Novavax/Covovax

The CDC will consider a person fully vaccinated 14 days after the last dose of an accepted vaccine, whether it is a one-dose or two-dose vaccination. “Mix-and-match” combinations of accepted COVID-19 vaccines will be accepted if administered at least 17 days apart. For more information on the requirement for air passengers, please see: https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html. 

Are there any exceptions to the vaccine requirement?

The following groups of nonimmigrants are eligible for an exception to the vaccine requirement:

• Children under the age of 18;

• Low vaccine availability. Nationals of countries with less than a 10 percent total vaccination rate in the population, or countries otherwise determined by the CDC to qualify as having limited vaccine availability.  Please note that this exception will not apply to B-1/B-2 travel; 

• Medical contraindications. Those with documented medical contraindications for the COVID vaccination, as determined by the CDC;

• Humanitarian/emergency exceptions granted by the CDC; 

• COVID clinical trials. Those who participated in certain COVID vaccine clinical trials, as determined by the CDC;

• Certain air and sea crew members, U.S. armed forces and immediate family, and certain diplomatic or U.N. travel;

• Those whose entry would be in the “national interest” as determined by the State Department, the Transportation Department, or the Department of Homeland Security.

There are no exceptions under the proclamation for religious or moral objections related to the vaccine.  

Please also note that U.S. Citizens and lawful permanent residents (LPRs) are not subject to the new air travel vaccine requirement. 

What type of documentation of vaccination will be accepted?

Per the CDC, the following are acceptable proof of the COVID-19 Vaccination:

1. Verifiable records (digital or paper): e.g. Vaccination certificate with QR code1, digital pass via Smartphone application with QR code1 (e.g., United Kingdom National Health Service COVID Pass, European Union Digital COVID Certificate).

2. Non-verifiable paper records: Printout of COVID-19 vaccination record or a COVID-19 vaccination certificate issued at national or subnational level or by an authorized vaccine provider (e.g., the CDC vaccination card).

3. Non-verifiable digital records: Digital photos of vaccination card or record, downloaded vaccine record or vaccination certificate from official source (e.g., public health agency, government agency, or other authorized vaccine provider), or a mobile phone application without QR code1.

All forms of proof of COVID-19 vaccination must have:

• Personal identifiers (at a minimum, full name and date of birth) that match the personal identifiers on the passenger’s passport or other travel documents

• Name of official source issuing the record (e.g., public health agency, government agency, or other authorized vaccine provider)

• Vaccine manufacturer and date(s) of vaccination

CGPS will continue to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you are planning to travel, please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Vaccination Requirements for travel, please see the CDC Requirements and NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

Travel Ban Lifted for Southern African Countries

Updated January 5, 2022

On December 31, 2021 at 12:01am ET, a new U.S. presidential proclamation revoked the travel ban for Southern African countries which was issued in November last year. Foreign nationals with recent physical presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe are no longer subject to the travel ban. Please note that foreign nationals are still required to comply with the COVID-19 vaccination and testing requirements that became effective on November 8, 2021 for travel to the U.S. 

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you are planning to travel or have any questions about your visa status in the U.S., please contact an immigration services advisor at CGPS to discuss your situation. For more information, please see the NAFSA Website.

Visit this page for recent updates and guidance on new Presidential executive orders relating to your immigration status at UD and in the US. CGPS is working with our campus partners and professional associations to assess this information as it continues to develop. We will make sure to communicate accurate guidance to the UD international community as soon as possible.

We are also here to remind you that, as always, you are among friends at a University that respects and truly values the diversity and unique presence that you and others bring. We remain passionately committed to the belief that our humanity brings us together and that our differences make us stronger. UD President Assanis expressed these sentiments in response to the January 2017 Executive Order here.

If you have any questions, please do not hesitate to contact CGPS for assistance.

Department of Homeland Security officially withdraws the proposed rule to eliminate Duration of Status (D/S) 

July 9, 2021

On July 6, 2021, the Department of Homeland Security (DHS) officially withdrew its proposed rule to eliminate duration of status (D/S) for F students, J exchange visitors and their dependents. DHS received more than 32,000 comments during the proposal’s public comment period. In the withdrawal notice, DHS noted "More than 99 percent of commenters opposed the proposed rule with many commenters specifically requesting that DHS withdraw the notice of proposed rulemaking (NPRM)."  With the proposed rule officially withdrawn, the current rules on duration of status for F and J visa holders will remain in place. 

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. For more information, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

New Version of Form I-539 and I-539A Plus Biometric Fee and Appointment

USCIS announced that starting March 11, 2019 it will require applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status to use a new version of that Form, which will also require them to pay an additional $85 biometrics fee, and attend an appointment that will be scheduled at a USCIS Applicant Support Center (ACS) where biometrics such as fingerprints will be collected.

USCIS states that the agency "will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier.”

The revised Form I-539 includes the following significant changes: 

• Every co-applicant (dependent) included on the primary applicant's Form I-539 must submit and sign a separate Form I-539A. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.

• Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants.

• Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant's address.

International students, scholars and their dependents applying for an extension of stay, reinstatement or for a change of visa status in the U.S. will be required to use the new form and complete the biometric appointment.  For more information on these changes, please see NAFSA Association of International Educators website and USCIS Form I-539. If you have any questions or concerns, please do not hesitate to contact our office at any time.

December 2, 2020

On December 1, 2020, a federal district court set aside the fast-tracked Departments of Labor (DOL) and Homeland Security (DHS) rules that significantly increased prevailing wage levels and tightened H-1B eligibility criteria. This currently stops both rules from being enforced or implemented.

The court found that DOL and DHS did not have good cause to bypass notice and comment rulemaking procedures. While the block is effective immediately, the government is expected to appeal the decision. Additional information on the ruling is available on the NAFSA website.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

December 7, 2020

The Department of Labor (DOL) has issued guidance on how the agency will comply with the federal court orders which block implementation of the October 8, 2020 rule which significantly increased prevailing wage levels for H-1Bs and PERM. Starting December 9, employers should be able to submit Labor Condition Applications (LCAs) using the pre-October 8 Occupational Employment Statistics (OES) wage data. On December 15, DOL will resume issuance of Prevailing Wage Determinations (PWDs) with the pre-October 8 OES wage data.

Employers who were issued PWDs under the now blocked rule will have through January 4, 2021 to ask DOL to review and reissue a determination using the pre-October 8 wage data. Additional information on the DOL rule is available on the NAFSA website.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

January 15, 2021

The Department of Labor (DOL) has revised and published a prevailing wage final rule that increases wage minimums for H-1Bs and the PERM program. The revised final rule includes a multi-year transition period to give employers time to meet the wage increases and makes accommodations for H-1B workers who are pursuing employment-based permanent residence. The final rule is effective March 15, 2021, with the first phase of prevailing wage increases set to begin on July 1, 2021.

At this time, it is expected that the final rule is likely to face challenges in court. It is also possible that the Biden Administration may pause this and other upcoming Trump Administration rules in order to review their contents and determine whether they will move forward. For more information on the final rule, please see the NAFSA website and AILA.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

May 14, 2021

On May 13, 2021, the Department of Labor (DOL) announced that it will delay the effective date of the regulation that would increase prevailing wage minimum rates for the H-1B and PERM program.  The rule which was set to take effect on May 14, 2021 has been delayed until November 14, 2022. Once (and if) it goes into effect, the rule will impact prevailing wage determinations in both the H-1B and permanent (PERM) programs for non-Collective Bargaining Agreement (CBA) petitions at UD.  

At this time, employers sponsoring foreign nationals as part of the H-1B or PERM program will remain subject to DOL’s current prevailing wage rules, levels and rates.  A transition period to the new wage levels will begin on January 1, 2023, with further increases on January 1, 2024, January 1, 2025, and January 1, 2026.

The Department of Labor is currently accepting comments in response to a Request for Information on sources of data and methodologies used in calculating wage levels. It is possible that DOL could make additional changes to the regulation in response to feedback and further analysis of the rule. For more information on the DOL final rule, please see the NAFSA website.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

March 29, 2023

Effective May 30, 2023, the U.S. Department of State (DOS) will increase visa processing fees. The final rule published on March 28, 2023 in the Federal Register raises the Machine Readable Visa (MRV) fee for F-1, J-1, H-1B and other nonimmigrant visas. The fee for the waiver of the two year home residency requirement will remain the same.  Please see the following table for fee updates based on the DOS final rule:

* Nonimmigrant Visa = NIV 

If you have any questions regarding the visa processing fees or about your immigration status in the US, please do not hesitate to contact an immigration services advisor at CGPS to discuss your situation.

January 21, 2022

On January 21, 2022, the Biden administration announced new policies to attract international science, technology, engineering, and math (STEM) students and researchers as part of its mission to recruit and retain global talent.  As part of initiative, the following policies were announced:

• The Department of Homeland Security has added 22 new fields of study (CIP Codes) in the STEM Optional Practical Training (OPT) program.

• The U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) will allow for additional academic training (AT) for undergraduate and pre-doctoral degree-seeking students in STEM fields on the J-1 visa for periods of up to 36 months. This is a temporary initiative, limited to the 2021-2022 and 2022-2023 school years. 

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you have any questions regarding these policies or your immigration status, please contact an immigration services advisor at CGPS to discuss your situation. For more information, please see the NAFSA Website.

Updated: March 2020 SEVP Guidance to be Extended through 2022-23 Academic Year
 

On April 18, 2022, in a Broadcast Message the Student and Exchange Visitor Program (SEVP) announced that they will extend the guidance originally issued in March 2020 for the 2022-23 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. 

No changes to the original guidance have been made, thus allowing schools and students to continue to engage in distance learning beyond the regulatory limits during COVID-19.  For more information, please see the NAFSA website. As a reminder, under the SEVP March 2020 Guidance:

• Continuing F-1/J-1 Students: F-1 and J-1 students with active I-20/DS-2019 SEVIS records are permitted to enroll in online only courses as long as they are otherwise maintaining status.

• New (Initial SEVIS Status) F-1/J-1 Students outside the U.S.: International students are eligible to start their academic program online while outside the U.S. but your F-1/J-1 status will not be activated until you arrive in the U.S. for in-person coursework. ISSS is required to defer your immigration record (I-20/DS-2019) until your program has a “physical presence” requirement in the U.S.

• New (Initial SEVIS Status) F-1/J-1 entering the U.S.: You may not enter the U.S. for a program that is 100% online. You will need to enroll in at least one in-person course in order to be eligible to enter the U.S.

  • New (Initial) Graduate students on a Graduate Contract: will need to enroll in one in-person/hybrid course outside of their graduate contract to be eligible to enter the U.S.

  • New (Initial) Graduate students on Sustaining Status: Most sustaining students should already be active in SEVIS. However, if you are returning from a leave of absence and have finished all your coursework requirements, you should be permitted to enter the U.S. in sustaining status if you have research that requires your physical presence in the U.S. to complete your degree program.

For more information on how the COVID-19 March 2020 guidance relates to your program at UD, we invite you to read our list of COVID-19 ISSS Frequently Asked Questions. Our immigration advisors are available Monday - Friday between 8 a.m. and 5 p.m. to schedule an appointment over Zoom. 

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you have any questions, please do not hesitate to contact our office at any time.

Travel Ban Lifted for Southern African Countries

Updated January 5, 2022

On December 31, 2021 at 12:01am ET, a new U.S. presidential proclamation revoked the travel ban for Southern African countries which was issued in November last year. Foreign nationals with recent physical presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe are no longer subject to the travel ban. Please note that foreign nationals are still required to comply with the COVID-19 vaccination and testing requirements that became effective on November 8, 2021 for travel to the U.S. 

CGPS continues to monitor the situation closely and will provide updates and guidance as new information becomes available. If you are planning to travel or have any questions about your visa status in the U.S., please contact an immigration services advisor at CGPS to discuss your situation. For more information, please see the NAFSA Website.

COVID-19 Travel Bans Rescinded and Replaced with Vaccination Requirements, Effective November 8, 2021

Updated December 27, 2021

On October 25th, 2021, a presidential proclamation was issued which rescinds the current COVID-19 travel bans on China, India, Brazil, Iran, Ireland, the European Schengen Area, South Africa, and the UK, and replaces them with a COVID-19 vaccination requirement on nonimmigrants traveling by air from any country to the United States. This proclamation goes into effect at 12:01 a.m. eastern standard time on November 8, 2021. 

Under the new air travel policy, foreign nationals seeking to enter the U.S. as nonimmigrants, such as F-1, J-1 and H-1B visa holders, will need to show proof of full COVID vaccination prior to boarding a plane. This vaccine requirement is in addition to the existing requirement for all international travelers to provide a negative COVID test taken within three days of travel. 

What vaccinations will be accepted?

Only vaccines approved or authorized by the Food and Drug Administration (FDA) or listed for emergency use by the World Health Organization (WHO) will be accepted. Per the Centers for Disease Control and Prevention (CDC), authorized vaccines include the following:

• Janssen/J&J
• Pfizer-BioNTech
• Moderna
• AstraZeneca
• Covaxin
• Covishield
• BIBP/Sinopharm
• Sinovac
• Novavax/Covovax

The CDC will consider a person fully vaccinated 14 days after the last dose of an accepted vaccine, whether it is a one-dose or two-dose vaccination. “Mix-and-match” combinations of accepted COVID-19 vaccines will be accepted if administered at least 17 days apart. For more information on the requirement for air passengers, please see: https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html. 

Are there any exceptions to the vaccine requirement?

The following groups of nonimmigrants are eligible for an exception to the vaccine requirement:

• Children under the age of 18;

• Low vaccine availability. Nationals of countries with less than a 10 percent total vaccination rate in the population, or countries otherwise determined by the CDC to qualify as having limited vaccine availability.  Please note that this exception will not apply to B-1/B-2 travel; 

• Medical contraindications. Those with documented medical contraindications for the COVID vaccination, as determined by the CDC;

• Humanitarian/emergency exceptions granted by the CDC; 

• COVID clinical trials. Those who participated in certain COVID vaccine clinical trials, as determined by the CDC;

• Certain air and sea crew members, U.S. armed forces and immediate family, and certain diplomatic or U.N. travel;

• Those whose entry would be in the “national interest” as determined by the State Department, the Transportation Department, or the Department of Homeland Security.

There are no exceptions under the proclamation for religious or moral objections related to the vaccine.  

Please also note that U.S. Citizens and lawful permanent residents (LPRs) are not subject to the new air travel vaccine requirement. 

What type of documentation of vaccination will be accepted?

Per the CDC, the following are acceptable proof of the COVID-19 Vaccination:

1. Verifiable records (digital or paper): e.g. Vaccination certificate with QR code1, digital pass via Smartphone application with QR code1 (e.g., United Kingdom National Health Service COVID Pass, European Union Digital COVID Certificate).

2. Non-verifiable paper records: Printout of COVID-19 vaccination record or a COVID-19 vaccination certificate issued at national or subnational level or by an authorized vaccine provider (e.g., the CDC vaccination card).

3. Non-verifiable digital records: Digital photos of vaccination card or record, downloaded vaccine record or vaccination certificate from official source (e.g., public health agency, government agency, or other authorized vaccine provider), or a mobile phone application without QR code1.

All forms of proof of COVID-19 vaccination must have:

• Personal identifiers (at a minimum, full name and date of birth) that match the personal identifiers on the passenger’s passport or other travel documents

• Name of official source issuing the record (e.g., public health agency, government agency, or other authorized vaccine provider)

• Vaccine manufacturer and date(s) of vaccination

CGPS will continue to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you are planning to travel, please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Vaccination Requirements for travel, please see the CDC Requirements and NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

New COVID Travel Ban Issued for Several African Countries

November 30, 2021

On November 26, 2021, a Presidential Proclamation was issued by the United States imposing a new COVID-19 travel ban on foreign nationals with recent physical presence in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.

Effective November 29, 2021 at 12:01a.m. EST, foreign nationals who have been physically present in any of the above countries within 14 days of travel to the U.S. will be barred from entry, unless they qualify for an exception. Those who qualify for exceptions are still required to comply with COVID-19 vaccination and testing requirements that became effective on November 8, 2021.  Individuals exempt from the southern African travel ban include:

• U.S. citizens, nationals, and lawful permanent residents and their spouses;

• A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;

• A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both unmarried and under 21;

• A foreign national who is the child, foster child or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the U.S. on an IR-4 or IH-4 visa;

• A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;

• A foreign air or sea crewmember;

• Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants or whose travel falls within the scope of section 11 of the UN Headquarters Agreement;

• A foreign national whose entry would further important U.S. law enforcement objectives;

• A foreign national whose entry would be in the national interest; and

• Members of the U.S. armed forces and their spouses and children.

Neither the Department of State nor the Department of Homeland Security have published the eligibility criteria for national interest exceptions (NIE) for the November 26, 2021 travel ban. It should not be assumed at this time that NIEs issued under prior travel bans will be valid under the new COVID-19 travel ban.

CGPS will continue to monitor the situation closely and will provide updates and guidance as new information becomes available. If you are planning to travel or have any questions about your visa status in the U.S., please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Travel Ban, please see the NAFSA Website. 

COVID-19 Travel Bans Expected to be Lifted in November

September 28, 2021

On September 20, 2021, media outlets reported that the White House Coronavirus Response Coordinator, Jeff Zients, announced plans to lift the COVID-19 Travel Ban in November for fully vaccinated individuals if they also show results of a negative COVID-19 test during the three days before their flight's departure to the U.S. Please note that at this time no official White House or Agency documentation has been released. For more information, please see the following of media reports:

• U.S. to relax restrictions for vaccinated international travelers in November, Reuters

• Biden administration eases COVID-19 ban on international travel, Roll Call

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you are considering making travel plans, please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Travel Bans, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

Update: Department of State expands National Interest Exception (NIE) validity for COVID-19 travel ban. 

July 8, 2021

On June, 29, 2021 the Department of State announced it is expanding the validity of national interest exceptions (NIEs) granted under the regional COVID-19 travel bans. NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted. Please note that the policy remains that F-1 students are automatically granted NIEs who have been present in Brazil, China, India, Iran or South Africa for programs that begin on or after August 1, 2021. For F-1 students that meet the August 1,2021 or later program criteria, they do not need to obtain NIEs in advance from a consular section. 

If you have any questions, please contact an immigration services advisor at CGPS for further guidance. Additional information on travel, visa and entry requirements is available on the NAFSA website.

Presidential Proclamation for COVID-19 Travel Ban adds India; Certain exceptions to the ban for India, China, Iran, Brazil, and South Africa have been updated

May 14, 2021

On April 30, 2021, President Biden signed a proclamation effective May 4, 2021, which bars entry of travelers coming from India. This same type of travel ban is already in effect for Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom. Starting at 12:01 am EDT on May 4, 2021, foreign nationals who have been physically present in India within 14 days of travel to the United States will be barred from entry, unless they qualify for an exception.  

Please note that the U.S. Department of State has determined that the following individuals are eligible for a National Interest Exception (NIE) to travel while the ban remains in place:

• Students and certain academics covered by exchange visitor programs. Students subject to these geographic COVID proclamations due to their presence in India, China, Iran, Brazil, or South Africa, may qualify for a National Interest Exception only if their academic program, including optional practical training (OPT), begins August 1, 2021 or later. Students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual National Interest Exception to travel. They may enter the United States no earlier than 30 days before the start of their academic studies. 

Please note that students are still required to have a valid F-1 visa to enter the U.S. and should check the status of visa services at the nearest embassy or consulate in order to apply for a visa. 

Students and scholars on J-1 visas should contact their local consulate or embassy before traveling for more information on eligibility requirements to apply for the NIE as well as for J-1 visa appointments. For more information, please review the ISSS COVID-19 Frequently Asked Questions. 

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. If you are considering making travel plans, please contact an immigration services advisor at CGPS to discuss your situation. For more information on the COVID-19 Travel Bans, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

Expired: Presidential Proclamation Suspending Entry of Certain H, J, and L Visa Holders

April 2, 2021

Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expired on March 31, 2021.

Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance. Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation 10052 may reapply by submitting a new application including a new fee.

While there are no visa classification-based nonimmigrant travel bans in effect, several COVID-19 public health bans remain in place and may impede visa issuance and travel. In addition, reduced operations and backlogs at U.S. consulates abroad may significantly delay scheduling of H, L and J visa appointments

For more detailed information, please see the NAFSA website and DOS: Update on Presidential Proclamation 10052. If you have any questions, please do not hesitate to contact CGPS at any time.

President Biden Reinstates COVID-19 Travel Ban

January 25, 2021

U.S. President Biden has issued an executive order reinstating the COVID-19 travel bans in place for Brazil, European Schengen Countries, Ireland and the United Kingdom effective January 26 at 12:01 am EST. These restrictions will also be applied to travellers from South Africa, effective January 30 at 12:01 am EST.

Foreign nationals who have been physically present in one of these countries within 14 days of travel to the U.S. will be subject to the COVID-19 travel restrictions and barred from entry into the U.S., unless they qualify for an exception.

All international travelers over the age of two will be required to take a COVID-19 test prior to flying to the U.S., beginning tomorrow (January 26, 2021).

CGPS recommends ALL international travelers check with their airline for specific travel requirements prior to departure for the U.S.

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. For more information on the COVID-19 Travel Bans, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

Presidential Proclamation Revoking the 2017 Travel Ban 

January 22, 2021

On January 20, 2021, President Biden issued a Presidential Proclamation revoking the 2017 Travel Ban that was upheld by the Supreme Court in 2018. International students, scholars, employees, and other foreign nationals are no longer subject to the 2017 Travel Ban:

• North Korea and Syria: Immigrant (permanent resident) and nonimmigrant visas are no longer suspended.
• Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are no longer suspended.
• Iran: Immigrant and nonimmigrant visas are no longer suspended (F and J visas were always exempt).
• Somalia: Immigrant visas are no longer suspended.
• Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are no longer suspended.

For more information on travel during the COVID-19 pandemic, please see the COVID-19 Updates & FAQs.

CGPS continues to monitor the situation very closely and will provide updates and guidance as new information becomes available. For more information on the revoked Travel Ban, please see the NAFSA website. If you have any questions, please do not hesitate to contact our office at any time.

National Interest Exceptions to Presidential Proclamations Suspending the Entry of Certain H, J and L Visa Holders 

August 14, 2020

On August 12, 2020 the U.S. Department of State posted guidance on National Interest Exceptions under Coronavirus Proclamations for certain H, J and L visa holders. Please note that the original proclamation does not apply to F-1 students, J-1 Students, Research Scholars, Short-Term Scholars and Specials or H-1Bs holders already in the U.S. and H-1B holders in possession of a valid visa.

Exceptions for certain travel in the national interest by nonimmigrants may include the following for H-1B applicants:

• For travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research).
• Travel supported by a request from a U.S. government agency or entity to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations.
• Travel by applicants seeking to resume ongoing employment in the U.S. in the same position with the same employer and visa classification.
• Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the U.S. Consular officers may determine that an H-1B applicant falls into this category when at least two of the following five indicators are present:
  
  1. The petitioning employer has a continued need for the services or labor to be performed by the H-1B nonimmigrant in the U.S. Labor Condition Applications (LCAs) approved by DOL during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioner’s business.
  
  2. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need.
  
  3. The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent (see Part F, Questions 10 and 11 of the LCA) by at least 15 percent.
  
  4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. For example, an H-1B applicant with a doctorate or professional degree, or many years of relevant work experience, may have such advanced expertise in the relevant occupation as to make it more likely that he or she will perform critically important work.
  
  5. Denial of the visa pursuant will cause financial hardship to the U.S. employer.

Please note that individual circumstances can vary, as can the interpretations of consular officials and immigration inspectors. Foreign Nationals who need advice on whether the proclamation or exceptions apply to them should contact CGPS before making any travel plans.

For more detailed information, please see the NAFSA website and DOS: National Interest Exceptions. If you have any questions, please do not hesitate to contact CGPS at any time.

Amendment to Presidential Proclamation Impacting Employment-Based Non-Immigrants 

July 3, 2020

On June 29, 2020, the U.S. President issued an amendment to the June 24 proclamation to clarify that foreign nationals are exempt from the proclamation if they hold a valid visa in one of the restricted categories (H, J, or L) and are seeking entry to the United States pursuant to that visa.

Those holding a valid visa in another category – such as F-1 or B-1 – will not be able to obtain a new H, L or J visa while the proclamation is in force, though changes of status within the United States (including changes of status to H-1B) should not be affected.

Foreign nationals outside the United States with an expired visa may be unable to renew or obtain a new H, L or J visa without a waiver, even if they had a valid visa on the effective date of the proclamation (June 24).

At this time, CGPS does not recommend international travel for foreign nationals who are in the United States with an expired visa as they may experience difficulty or delays obtaining a new H, L or J visa.

Canadian citizens, who are generally exempt from the visa requirement, should likely be exempt from this proclamation because they are not "seeking entry pursuant" to an H, J, or L visa. The American Immigration Lawyers Association (AILA) issued a practice alert on June 24, 2020 confirming this interpretation with Customs and Border Protection (CBP).

For more information, please see the NAFSA Proclamation Suspending Entry of Certain H, J, and L Nonimmigrants.

New Presidential Proclamation Impacting Employment-Based Non-Immigrants

June 22, 2020

This is an update about the new Presidential Proclamation that goes into effect at 12:01 a.m. eastern daylight time on June 24, 2020. It suspends the entry of H-1B, H-2B, H-4, L-1, L-2, and certain J-1 visa holders who are currently outside the U.S. and do not have a visa that is valid on the effective date of this proclamation.   

This proclamation does not apply to:          

• F-1 Students and those on OPT and STEM OPT

• J-1 Students, Research Scholars, Professors, Short-Term Scholars, and Specialists

• H-1B/L-1 visa holders physically present in the U.S.

• H-1B/L-1 visa holders already in possession of a valid visa

• TN, B-1, E-3, O-1 and other temporary work visa holders

• Any U.S. lawful permanent resident

• Spouses and children of U.S. citizens

Foreign nationals planning to travel outside the U.S. are encouraged to consult with CGPS before finalizing their plans. At this time, we do not know how this Proclamation will affect Canadian nationals who do not require any of the above-named visas to enter the U.S.   

You can read the full proclamation here.  

CGPS continues to monitor this developing situation very closely and will send updates as new information becomes available. If you have any questions or concerns, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.  

New Proclamation Suspending Entry of Certain Students and Researchers from China

June 1, 2020  

This is an update about the new Presidential Proclamation that suspended entry of certain students and researchers from the People’s Republic of China into the U.S. Please know that CGPS is monitoring the developing situation very closely and will continue to send updates as more information and details are announced. If you should have any questions or concerns, please do not hesitate to contact our office at any time. We are here to assist you and we can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.  

The Presidential Proclamation went into effect June 1, 2020, at 12:00 p.m. EDT and remains in effect until terminated by the President of the United States.  

Who is Affected? 

The proclamation suspends and limits the entry of Chinese nationals on an F-1 or J-1 visa at the graduate or post-doctoral level who both: 

1. Are outside of the United States on the effective date of this proclamation and
2. Currently or previously receives(ed) funding from or is (was) employed by, studies(ed) at, or conducts(ed) research at or on behalf of an entity in the PRC that implements or supports the PRC’s "military-civil fusion strategy.” 
    

 Who is Not Affected? 

The proclamation provides exemptions for certain categories, including, but not limited to:  <ul class="exception       

• Undergraduate students
• Lawful U.S. permanent residents
• Spouses of U.S. citizens or lawful permanent residents
• Members of the U.S. Armed Forces and their spouses or children

How Will Students and Scholars in the U.S. be Affected? 

Currently, the order only covers individuals applying for entry into the U.S. The U.S. Secretary of State must consider whether to revoke the existing F or J visas of Chinese nationals in the U.S. who meet criteria 2 above. If your visa is revoked, it does not impact your current status within the U.S., but you would not be able to return to the U.S. after international travel.  

Additional Resources:  

Update from Goldblum & Pollins Immigration Law 

Update from NAFSA: Association of International Educators

U.S. Department of State Fact Sheet on Military-Civil Fusion and the People's Republic of China

CGPS continues to monitor the situation and will communicate with you as soon as updates are available. We encourage you to contact our office if you have any questions about the impact of this proclamation on your immigration status in the U.S. 

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

May 29, 2020

On May 29, 2020, President Trump signed a Presidential Proclamation suspending entry into the U.S. for F or J visas to study or conduct research at the graduate level or as a researcher “who either receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “military-civil fusion (MCF) strategy”. This is not expected to affect other students and scholars. Undergraduate students are also exempt from this proclamation, which goes into effect on June 1, 2020 at 12:00 p.m. eastern daylight time. 

Please know that the Office for International Students & Scholars continues to monitor the situation and will communicate with you as soon as updates are available.

Find additional information from Goldblum & Pollins Immigration Law. 

If you should have any questions or concerns, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

Presidential Proclamation Suspends Entry for a Limited Group of Green Card Applicants for 60 Days

April 23, 2020

On April 22 2020, President Trump signed a presidential proclamation to temporarily suspend the entry of certain green card applicants for 60 days, with a number of exceptions. The suspension takes effect at 11:59pm EDT on April 23, 2020 and will be in place for 60 days, with the possibility of extensions in the future.

The proclamation affects a limited group of prospective immigrants that:

• Are outside the U.S. on April 23, 2020

• Do not have an immigrant visa that is valid on April 23, 2020; and

• Do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document).

At this time, the proclamation does not apply to international students, scholars, and foreign nationals on F, J, H, TN, O, E, and L visas. It does not affect those already holding a valid immigrant visa or similar travel document, or applicants for adjustment of status to permanent residence in the U.S., along with the following exceptions:

• U.S. lawful permanent residents (current green card holders);

• Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;

• Applicants for EB-5 immigrant visas;

• Spouses of U.S. citizens;

• Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;

• Foreign nationals whose entry would further important U.S. law enforcement objectives;

• Members of the U.S. armed forces and the spouses and children of such individuals;

• Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and

• Foreign nationals whose entry is in the U.S. national interest.

You can read the full details of the presidential proclamation here. Additional information can be found on the NAFSA website. 

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

Updated: Proposed Executive Order to Temporarily Suspend Immigration

April 22, 2020

The Office for International Students and Scholars is monitoring reports following President Trump’s announcement on April 20, 2020 that an executive order will be signed to temporarily suspend U.S. immigration. In a press briefing on April 21, the President declared that the forthcoming executive order will suspend green card issuance for 60 days, with possible exceptions. At this time, it is not yet known whether the order will affect applications for adjustment of status for green card seekers in the United States, immigrant visa issuance at U.S. consulates abroad, or both. According to some reports, H-1B, L-1 and other nonimmigrant worker programs would not be immediately affected. 

OISS is following the situation closely and will update you as additional information becomes available. If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

Proposed Executive Order to Temporarily Suspend Immigration

April 21, 2020

The Office for International Students and Scholars is monitoring reports following President Trump’s tweet on April 20, 2020 about signing an executive order to temporarily suspend U.S. immigration. At this time, no details of the scope, timing, or duration of the suspension had been provided. OISS is following the situation closely and will update you as additional information becomes available. 

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

Travel Ban Update: 6 Additional Countries to Be Added

January 23, 2020

Dear international students & scholars,

You may have heard in the news this morning that President Trump is planning to add 6 additional countries to the executive order relating to U.S. immigration enforcement. These countries are Belarus, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania. While these details are not yet official, we wanted to let you know that OISS is monitoring the situation carefully and will communicate with you as soon as updates are available. Until full details of this update are released, we do not know its implications.

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

As always, it is a privilege to serve you.

Sincerely,

Ravi Ammigan, Ph.D.

Associate Deputy Provost, UD Global

Assistant Professor, School of Education

University of Delaware

(302) 831-2115

June 26, 2018

Supreme Court Upholds Travel Ban

On Tuesday, June 26, 2018, the Supreme Court upheld the Travel Ban which restricts nationals from seven countries from entering the US. The Travel Ban includes travel limitations and restrictions unique to each country:

North Korea and Syria: Immigrant (permanent resident) and Nonimmigrant visas (including students and scholars on F and J visas) are suspended.

Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Iran: Immigrant and nonimmigrant visas are suspended, except valid student (F and M) and exchange visitor (J) visas. F, M, J visa holders will be subject to enhanced screening and vetting requirements.

Somalia: Immigrant visas are suspended. Additionally, visa processing of nonimmigrant visas will be subject to additional scrutiny.

Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

April 10, 2018

A Presidential Proclamation of April 10, 2018 removed Chad from the list of countries subject to Travel Ban 3.0, after a March 20, 2018 report from the Secretary of Homeland Security, in consultation with the Secretary of the Department of State, concluded "that Chad has made marked improvements in its identity-management and information-sharing practices." Chad is no longer subject to Travel Ban 3.0 effective April 13, 2018.

For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

December 8, 2017

U.S. State Department to implement new Travel Ban

The State Department has announced that they will begin to fully implement the third travel ban effective December 8, 2017. The Travel Ban in effect from the Sept. 24, 2017 Proclamation includes travel limitations and restrictions unique to each country:

North Korea and Syria: Immigrant (permanent resident) and Nonimmigrant visas (including students and scholars on F and J visas) are suspended.

Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Iran: Immigrant and nonimmigrant visas are suspended, except valid student (F and M) and exchange visitor (J) visas. F, M, J visa holders will be subject to enhanced screening and vetting requirements.

Somalia: Immigrant visas are suspended. Additionally, visa processing of nonimmigrant visas will be subject to additional scrutiny.

Chad, Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Visas already issued will not be revoked regardless of the date of issuance. Foreign nationals from restricted countries should still be able to travel to the United States using a previously-issued valid visa, but may face increased scrutiny on entry.

As the situation remains fluid, OISS is closely monitoring the situation and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

December 5, 2017

Supreme Court allows administration to fully enforce new Travel Ban

On December 4, 2017, the Supreme Court issued an order allowing the Presidential Administration to implement its newest travel ban while lower courts continue to consider challenges to it. The travel ban had been partially blocked for citizens of Chad, Iran, Libya, Syria, Yemen, and Somalia who could demonstrate they had a bona fide relationship with a person or entity in the US. The new Supreme Court order now allows the government to fully enforce the Travel Ban announced on Sept. 24, 2017 on all 8 countries, while appeals and further proceeding continue in the lower courts. The Supreme Court orders also mean that for now, whether a citizen of one of the 8 countries has a bona fide relationship with a person or entity in the US is no longer relevant in exempting them from the travel ban.

As the situation remains fluid, OISS is closely monitoring the challenges to the travel and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

November 13, 2017

Travel Ban Partially in Effect

The U.S. Court of Appeals for the Ninth Circuit has issued an order that will temporarily enforce the travel restrictions against certain nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen, but will exempt travelers with a bona-fide relationship to a person or entity in the United States. A bona-fide relationship includes:

Close family member in the United States, such as immediate family as well as grandparents, grandchildren, brothers/sisters-in law, aunts, uncles, nieces, nephews, and cousins.

A U.S. entity, such as a sponsoring employer, where the relationship is documented, formal, and not formed for the purposes of evading the ban.

The travel ban put in place on Sept. 24, 2017 on North Korea and Venezuela continues to remain in effect.

OISS is closely monitoring the situation and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website and U.S. Department of State. If you have any questions or concerns, please do not hesitate to contact our office at any time.

October 17, 2017

New Travel Ban Partially Blocked

On Oct. 17, 2017, the U.S. District Court for the District of Hawaii issued a Temporary Restraining Order (TPO) blocking the government from enforcing the newest the travel ban against foreign nationals from Syria, Libya, Iran, Yemen, Chad and Somalia. The travel ban for North Korea and government officials from Venezuela were not included in the TPO and will remain in effect.

As the situation remains fluid, OISS is closely monitoring the challenges to the Travel Ban and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website. If you have any questions or concerns, please do not hesitate to contact our office at any time.

September 24, 2017

On September 24, 2017 the President signed a new proclamation stating a travel ban will apply to Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen as the prior 90-day entry ban has expired. Removed from the previous ban is Sudan while North Korea, Venezuela, and Chad have been added. Also, the new ban no longer permits exemptions for foreign nationals that have a bona fide relationship with a person (such as a family member) or entity in the US. The new ban will take effect October 18th, 2017 with the following travel limitations and restrictions unique to each country:

North Korea and Syria: Immigrant (permanent resident) and Nonimmigrant visas (including students and scholars on F and J visas) are suspended.

Venezuela: Certain Venezuelan government officials and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Iran: Immigrant and nonimmigrant visas are suspended, except valid student (F and M) and exchange visitor (J) visas. F, M, J visa holders will be subject to enhanced screening and vetting requirements.

Somalia: Immigrant visas are suspended. Additionally, visa processing of nonimmigrant visas will be subject to additional scrutiny.

Chad, Yemen and Libya: Immigrants visas and nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.

Please note that visa suspension refers to visa processing for those who are OUTSIDE of the U.S. effective October 18th, 2017. For foreign nationals already in the US, their visa status should be considered valid. It is highly recommended that students and scholars from the above countries contact OISS before making any travel plans outside the U.S.

As the situation remains fluid, OISS is closely monitoring the implementation of, and challenges to the Proclamation and will post any new updates on this page. For additional resources, please see the NAFSA Association of International Educators website and the U.S. Department of State. If you have any questions or concerns, please do not hesitate to contact our office at any time.

June 27, 2017

Supreme Court allows parts of the Travel Ban to take effect

On June 26, 2017, the U.S. Supreme Court partially granted the government’s Travel Ban to go into effect. The ban, however, will only apply to individuals from the six countries who DO NOT have a bona fide connection to a U.S. family member or U.S. entity.  Importantly, the court provided the following examples of individuals with bona fide connections to the U.S. who are NOT subject to the bans:

a foreign national with a close familial relationship seeking to enter the U.S. to live with or visit a family member;

a formal, documented relationship with a U.S. entity made in the ordinary course of business, e.g.,

• a student admitted to a U.S. college or university,

• a worker who accepted an offer of employment from a U.S. company

• or a lecturer invited to address a U.S. audience;

a refugee who can credibly claim a bona fide relationship with a person or entity in the U.S.

While students and scholars should continue to be exempt from the Travel Ban, nationals of the six restricted countries should be prepared for the possibility of lengthy security checks during the visa application process and increased scrutiny at U.S. ports of entry. If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.

June 1, 2017

Administration asks the Supreme Court to allow implementation of the Travel Ban

On June 1, 2017, the Justice Department filed an appeal asking the Supreme Court to uphold the travel ban. The administration is asking that the Supreme Court overturn the injunctions issued by the District Courts. The government has filed:

An application for an emergency stay of the injunctions, which, if granted, would reinstitute the travel ban immediately.

A full appeal to overturn the lower courts’ decisions.

The Supreme Court will first consider the application for an emergency stay, and could make that decision within about two or three weeks. If the Court agrees to grant the request, it could reinstate the entry ban as early as this month. The Court then will decide whether to hear the government’s full appeal. If the Court accepts the full appeal, the administration is asking that it be heard at the start of the Court’s next term in October.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns, please do not hesitate to contact our office at any time.

May 25, 2017

Federal Appeals Court Upholds Suspension of Travel Ban

On May 25, 2017, the US Court of Appeals for the Fourth Circuit upheld a nationwide injunction on President Trump's revised travel ban. The decision means that at this time the Travel Ban Executive Order remains suspended. Nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen can continue to apply for visas and enter the United States provided they are otherwise admissible. If the administration wants to challenge the Fourth Circuit's decision, they may petition the US Supreme Court for review. While the travel ban remains suspended, nationals of the six restricted countries should be prepared for the possibility of lengthy security checks during the visa application process and increased scrutiny at U.S. ports of entry.

If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.

April 20, 2017

"Buy American and Hire American" Executive Order

On April 18, 2017, the president signed the "Buy American and Hire American" Executive Order which directs federal agencies to propose tougher eligibility standards for the H-1B and other employment-based immigration programs. The executive order states that government agencies shall, “as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest paid petition beneficiaries." However, the executive order does not enact any definitive change in the H-1B visa program since the proposed changes would likely require new legislation or regulations. OISS continues to monitor the situation and will post any new updates on this page.

If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.

March 15, 2017

Travel Ban Temporarily Blocked

A federal district judge in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the U.S. government from enforcing an executive order that sought to suspend the entry of many nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from all countries. The entry suspensions were set to be implemented at 12:01am EDT on Thursday, March 16, but are now on hold.

The TRO means that foreign nationals who would have been subject to the executive order should be able to apply for visas and enter the United States provided they are otherwise admissible. However, since the situation remains highly fluid, our conservative recommendation for individuals from those six countries is to refrain from traveling outside of the United States.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns, please do not hesitate to contact our office at any time.

March 6, 2017

New Travel Ban Announced

On March 6, 2017, the White House announced a new travel ban impacting nationals and citizens of six countries: IRAN, LIBYA, SOMALIA, SUDAN, SYRIA, AND YEMEN, effective as of 12:01 AM EDT on March 16, 2017. The Executive Order (EO) excludes Iraq from the original list of countries, although travelers from Iraq may experience longer delays in visa issuance.

This EO affects only those from the 6 countries who are currently outside the U.S. and do not have a valid U.S. visa.

For foreign nationals from one of the six restricted countries who are currently in the United States, traveling internationally is highly inadvisable under current circumstances. Please consult with an OISS advisor if you have any questions.

Foreign nationals who are not from one of these countries planning to travel outside of the U.S. should make sure they have the necessary travel documents and valid visa before departing from the U.S. Always check with OISS whenever in doubt.

This new EO DOES NOT APPLY to:

Lawful permanent residents of the United States (“green card” holders);

Any foreign national who has a document OTHER than a visa, valid on March 16, 2017 (or issued thereafter), that permits him or her to travel to the United States and seek entry or admission (e.g., an Advance Parole document);

Any dual national of a designated country when traveling on a passport issued by a non-designated country;

Any foreign national traveling on designated diplomatic visas; OR

Any foreign national who has been granted asylum, any refugee who has already been admitted to the United States, or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture. Waivers of the travel ban may be available on a case-by-case basis.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

February 13, 2017

Forum on the Executive Order-- Recordings available online

Recordings of the two-session open forum on the Executive Order can now be heard online. Session one, an information session, was led by Goldblum & Pollins' Kristen Repyneck Dennis. Session two, an academic forum, featured:

Kassra Oskooii (Political Science & International Relations)

Stuart Kaufman (Political Science & International Relations)

Ikram Masmoudi (Languages, Literatures and Cultures)

Paul Brewer (Communication)

Scott Stevens (English Language Institute)

Janica Cimo (Office for International Students & Scholars)

Kristen Repyneck Dennis (Goldblum & Pollins)

February 10, 2017
Travel ban remains lifted, but caution advised

On February 9 a Federal appeals court did uphold the decision to suspend the travel ban. Individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are able to enter the U.S. We remind you that the situation continues to be highly fluid and could still change at any moment. Our conservative recommendation for individuals from these seven countries is to refrain from traveling outside of the United States. UD students and scholars who are currently outside of the United States are reminded to check in with OISS and to remain cautious when making travel plans.

For more details, please visit NAFSA's travel advisory page. As always, those with questions or concerns are welcome to contact OISS by phone at (302) 831-2115 or by email at oiss@udel.edu.

February 4, 2017
Executive Order temporarily overturned

On Friday, Feb. 3, a federal judge in Washington issued a ruling that overturned the Executive Order nationwide. While reports indicate that U.S. Customs and Border Protection have instructed airlines to board travelers as usual, not all issues surrounding the travel ban have been immediately resolved. We therefore strongly recommend against any travel outside the U.S. for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen until we receive more information on the issue. USCIS has released a statement suggesting that they will resume adjudication of petitions and applications filed by or on behalf of individuals from the designated countries.

If you are a foreign national from one of the seven restricted countries and are currently in the United States, traveling internationally is highly inadvisable under current circumstances. If the Government obtains an emergency stay of the Temporary Restraining Order and the executive order is reinstated, you may be unable to return to the United States for the duration of the entry ban.

If you are a foreign national from one of the seven restricted countries and are outside the United States, contact OISS ASAP before traveling or making plans to travel to the United States. We will work with our immigration counsel to advise you accordingly. Traveling remains risky. If the Government obtains an emergency stay of the Temporary Restraining Order, the entry ban may once again be in effect when you land at a U.S. port of entry and you may not be admitted.

February 2, 2017

Important Update: No current plans to expand travel ban beyond current countries
According to the University's immigration counsel, there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in the Executive Order. This includes Colombia and Venezuela, which have been widely rumored to be under consideration. The Department of State and the American Immigration Lawyers Association (AILA) have confirmed that there is no information that supports such a rumor at the moment.

However, entry to the U.S. by nonimmigrant and immigrant visa holders bearing passports from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen is still barred. US citizens and lawful permanent residents are not subject.
Please contact OISS if you have any questions about travel outside the U.S.

January 30, 2017

On Friday, January 27, 2017, a Presidential executive order was signed to prohibit foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen from entering the United States for 90 days. The order was put in place immediately and resulted in some level of confusion at U.S. ports of entry and abroad. The U.S. government has since provided some limited guidance on the implementation of the executive order, and federal courts have issued orders that limit the ban to some extent. Please be aware that policies are not being implemented consistently on the ground, and that the situation may change at any time.
Below is a summary of the latest updates provided by the University’s immigration counsel, Goldblum & Pollins Immigration Law, regarding the implementation of the Order for those abroad and in the United States:

• Foreign Nationals in the U.S. from the designated countries:Refrain from traveling internationally. If emergency travel is necessary, it is recommended to consult with an immigration attorney if you plan to re-enter the US. 

• Be aware that reports indicate that US Citizenship & Immigration Services has suspended adjudication of immigration benefits sought by individuals from the specified countries.

• Foreign Nationals outside the U.S. from the designated
  countries:Nonimmigrant visa holders (e.g., F, J, H, O): It is likely that you will be denied boarding of flights, and may find that your visa has been revoked.

• Visa Applicants: US Consular offices are cancelling scheduled visa interviews and issuance of visas to individuals from the designated countries.

• Lawful Permanent Residents (LPRs or Green Card holders): According to the DHS press release issued on January 29, 2017, LPRs who are nationals of the specified countries will be permitted to return to the United States. Please consult with an immigration attorney to discuss how and where to seek re-entry to the US. Expect significant delays in secondary inspection, and be mindful of your social media activity, as reports indicate Customs & Border Officers have requested to see such accounts. Returning LPRs should not automatically surrender their green cards if asked to do so. Form I-407 must be signed voluntarily. An LPR who refuses to sign Form I-407 will be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.

• Foreign Nationals of ALL OTHER countries outside the U.S.:
  The Visa Interview Waiver Program has been immediately suspended. Previously, some visa holders were permitted to renew their visas without appearing at the U.S. Embassy for an interview. This program has now been suspended. Please note that The Visa Waiver Program is still in place as it has been.

• Expect significant delays and changed procedures at all US Consular Offices. You should allow plenty of time for visa processing as interview wait times are expected to increase significantly. You can review the appointment and processing times at the Department of State’s website.

• Expect that Visa Interview appointments will become more difficult to obtain, delaying travel plans and your re-entry.

• Be aware: The list of designated countries may be expanded following review by the Secretaries of State and Homeland Security.

The Office for International Students and Scholars continues to monitor the situation regularly and will post any new updates on this page. If you have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

January 28, 2017

The new Presidential executive order that was signed yesterday imposes a temporarily ban, for a period of at least 90 days, on entry to the United States for foreign nationals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. While we are still assessing the complete nature of this order’s implications, we offer you with some immediate guidance below.

• For citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen:If you are currently outside of the United States, please email OISS immediately at oiss@udel.edu to let us know your current location.

• If you are currently in the United States, we recommend that you refrain from any international travel for the forseeable future.   

• We also advise that you and your family members carry a valid form of identification with you at all times.

 
Please also know that the Office for International Students & Scholars continues to monitor the situation regularly and will communicate with you individually as soon as additional updates are available. If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.
We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu. The Center for Counseling & Student Developmentalso offers resources to those seeking support and can be reached by calling (302) 831-2141 during normal business hours.

For more information on the Executive Order, please see NAFSA's Travel Advisory.

January 27, 2017

Dear international students & scholars,

You may have heard that President Trump signed an additional executive order relating to U.S. immigration enforcement. Until full text of this order is released, we do not know its implications.

Please know that the Office for International Students & Scholars continues to monitor the situation regularly and will communicate with you as soon as updates are available.

If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

As always, it is a privilege to serve you.
Sincerely,
Ravi Ammigan, Director

Proposal to Replace Duration of Status

October 12, 2020

The Department of Homeland Security (DHS) has proposed a regulation to replace the current “duration of status” (D/S) policy for international students (F visa), exchange visitors (J visa), representatives of foreign information media (I visa), and their dependents. The proposed policy would set a specific expiration date for their authorized period of stay. If the proposal becomes final, F and J visa holders would be required to file an extension with USCIS and complete biometrics screening (instead of an I-20/DS-2019 extension through SEVIS with their current institution) in the event they need more time to complete their program.

The proposed policy is an uninvited change to the duration of status regulations as it might impact the educational experience of international students and scholars in the U.S. and create significant compliance and administrative responsibilities for their host institutions and program sponsors. OISS is following guidance from NAFSA: Association of International Educators, who is coordinating efforts nationally to advocate against the implementation of this complicated and burdensome policy proposal. The NAFSAduration of status page provides more information on advocacy efforts and ways you can get involved, including guidance on how to submit public comment to DHS. Public comments on the proposed policy can be submitted until October 26, 2020 at 11:59 p.m. EST.

Under the proposed policy, international students and scholars would be admitted for the length of time indicated by the program end date noted on their Form I-20 or DS-2019 with the following admission periods:

F-1 and J-1 visas holders: Most F-1 and J-1s and their dependents would be admitted for up to the length of the program, including periods of practical training, not to exceed four years, plus a 30-day grace period. The following criteria, however, would limit admissions of up to two years:

• Those born in or are citizens of countries listed on the State Sponsor of Terrorism List.
• Citizens of countries where there is a 10% or more overstay rate for students and exchange visitors.
• U.S. national interest. "If the DHS Secretary determines that U.S. national interests warrant limiting admission to a 2-year maximum period in certain circumstances, then it would publish an FRN to give the public advance notice of such circumstance.”
• Those attending unaccredited institutions (F-1 only) or
• Institutions not in good standing with not enrolled in E-Verify; and
• Those enrolled in language training programs.

If the proposal is finalized, it would also result in a change to current policies related to unlawful presence for F, J and I visa holders. The proposed policy would make F, J and I visa holders subject to the accrual of unlawful presence should they fail to maintain their status or overstay their period of admission in the U.S. Currently, F, J and I visa holders only start to accrue unlawful presence after an immigration judge determines a status violation, or USCIS determines a status violation in the adjudication of an application/petition.

In addition to the removal of the duration of status (D/S), the proposal also seeks to make the following changes:

• Reducing the F-1 "grace period" from 60 days to 30 days.
• Limit on aggregate ESL study. F-1 students in a language training program would be restricted to a lifetime aggregate of 24 months of language study, which would include breaks and an annual vacation.
• Limit on "reverse matriculation" by F-1 students. "An F-1 student who has completed a program at one educational level would be allowed to change to a lower educational level one time while in F-1 status."
• Limit on new F-1 programs at the same educational level. Any student who has completed a program at one educational level would be allowed to change to another program at the same educational level no more than two additional times while in F-1 status, for a total of three programs for the lifetime of the student.

The proposed rule was published in the Federal Register on September 25, 2020.

OISS continues to monitor the situation very closely and will provide updates and guidance to UD international students and scholars as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact OISS at any time.

New Version of Form I-539 and I-539A Plus Biometric Fee and Appointment

USCIS announced that starting March 11, 2019 it will require applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status to use a new version of that Form, which will also require them to pay an additional $85 biometrics fee, and attend an appointment that will be scheduled at a USCIS Applicant Support Center (ACS) where biometrics such as fingerprints will be collected.

USCIS states that the agency "will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier.”

The revised Form I-539 includes the following significant changes: 

• Every co-applicant (dependent) included on the primary applicant's Form I-539 must submit and sign a separate Form I-539A. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.

• Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO nonimmigrants.

• Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant's address.

International students, scholars and their dependents applying for an extension of stay, reinstatement or for a change of visa status in the U.S. will be required to use the new form and complete the biometric appointment.  For more information on these changes, please see NAFSA Association of International Educators website and USCIS Form I-539. If you have any questions or concerns, please do not hesitate to contact our office at any time.

January 15, 2021

The Department of Labor (DOL) has revised and published a prevailing wage final rule that increases wage minimums for H-1Bs and the PERM program. The revised final rule includes a multi-year transition period to give employers time to meet the wage increases and makes accommodations for H-1B workers who are pursuing employment-based permanent residence. The final rule is effective March 15, 2021, with the first phase of prevailing wage increases set to begin on July 1, 2021.

At this time, it is expected that the final rule is likely to face challenges in court. It is also possible that the Biden Administration may pause this and other upcoming Trump Administration rules in order to review their contents and determine whether they will move forward. For more information on the final rule, please see the NAFSA website and AILA.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

December 7, 2020

The Department of Labor (DOL) has issued guidance on how the agency will comply with the federal court orders which block implementation of the October 8, 2020 rule which significantly increased prevailing wage levels for H-1Bs and PERM. Starting December 9, employers should be able to submit Labor Condition Applications (LCAs) using the pre-October 8 Occupational Employment Statistics (OES) wage data. On December 15, DOL will resume issuance of Prevailing Wage Determinations (PWDs) with the pre-October 8 OES wage data.

Employers who were issued PWDs under the now blocked rule will have through January 4, 2021 to ask DOL to review and reissue a determination using the pre-October 8 wage data. Additional information on the DOL rule is available on the NAFSA website.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

December 2, 2020

On December 1, 2020, a federal district court set aside the fast-tracked Departments of Labor (DOL) and Homeland Security (DHS) rules that significantly increased prevailing wage levels and tightened H-1B eligibility criteria. This currently stops both rules from being enforced or implemented.

The court found that DOL and DHS did not have good cause to bypass notice and comment rulemaking procedures. While the block is effective immediately, the government is expected to appeal the decision. Additional information on the ruling is available on the NAFSA website.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.

October 8, 2020

On October 8, 2020, the Department of Labor (DOL) published an interim final rule on how DOL's National Prevailing Wage Center (NPWC) applies its four wage-level system to generate prevailing wage determinations. The new rule will impact prevailing wage determinations in both the H-1B and permanent (PERM) programs for non-Collective Bargaining Agreement (CBA) petitions at UD. While the regulation will take effect immediately, DOL will accept public comments for 30 days.

The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the geographic area of intended employment. The Occupational Employment Statistics (OES) prevailing wage is divided into four wage levels, ranging from entry level to experienced.

Under the new rule, OES prevailing wage minimums will significantly increase at all four levels. For example, under the previous rules, the Level I (entry level) wage minimum is set at the 17th percentile of the average wage for the occupation. As part of the new rule, the entry-level minimum wage will increase to the 45th percentile. The following table illustrates how the interim final rule impacts OES based prevailing wage determinations filed on or after October 8, 2020.

DOL states that the rule will only apply to currently pending and future OES-based applications, including:

• prevailing wage determination pending as of the effective date of the regulation;
• prevailing wage determinations filed on or after the effective date of the regulation; and
• LCAs filed on or after the effective date of the regulation where the OES survey data is used and where the employer did not obtain the PWD prior to the effective date of the regulation.

The rule will not affect previously approved NWPC prevailing wage determinations. Additional information on the new rule is available on the NAFSA website.

CGPS continues to monitor the situation very closely and will provide updates and guidance to UD international students, scholars and departments as new information becomes available. If you have any questions in the meantime, please do not hesitate to contact us at any time.