Immigration Policy Updates

04/27/2023: Digital Signatures for J-1 DS-2019 Visa Documents

On March 28, 2023, the Department of State announced that effective April 27, 2023, DS-2019s may be digitally signed and electronically transmitted. This will allow AROs at the International Center issue DS-2019 visa documents with a digital signature through electronic, secure distribution. 

03/28/2023: Visa Fee Increases (effective 5/30/2023)

A Department of State (DOS) final rule published at 88 FR 18243 (March 28, 2023) raises visa processing fees, effective May 30, 2023. The visa processing fees are for an entry visa application at a U.S. embassy or consulate abroad.

12/28/2021: Proclamation on Suspension of travel from Southern Africa Revoked

On December 28, 2021, President Biden revoked the Presidential Proclamation which had suspended entry of certain individuals physically present in countries where the Omicron variant of COVID-19 had been detected. The travel restrictions originally placed on Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe, will be revoked effective December 31, 2021. Vaccine requirements will remain in effect.

12/23/2021: Waivers of the Interview Requirement for Certain Nonimmigrant Visas

The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services.  This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions, including that they are applying for a visa in their country of nationality or residence.

This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions. The Secretary extended previously approved policies to waive the visa interview for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022. It is at the discretion of the consular officers whether to waive the interview for F, M, and academic J visas.

Due to the complexities to be considered for visa interview waivers the International Center recommends contacting the local U.S. Consulate/Embassy for questions regarding your U.S. visa.

11/26/2021: Proclamation on Suspension of travel from Southern Africa

President Biden signed a new proclamation suspending the entry into the U.S. as nonimmigrants of noncitizens who pose a risk of transmitting the coronavirus disease. Except for immediate family members of U.S. citizens and lawful permanent residents and others excluded in section 2, this proclamation suspends the entry into the United States, as nonimmigrants, of noncitizens who were physically present within Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa and Zimbabwe during the 14-day period preceding their entry or attempted entry into the U.S.

10/25/2021: Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic

President Biden signed a Proclamation – Advancing Safe Resumption of Global Travel announcing new requirements for air travel that will take effect on November 8, 2021. This proclamation will end the travel restrictions under Presidential Proclamations (P.P.) 9984, 9992, 10143, and 10199 as they relate to the suspension of entry into the United States of persons physically present in Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom, effective November 8, 2021. International (adult) travelers will need to show proof of vaccination before boarding a flight to the United States as well as a negative coronavirus test within 3 days of coming to the U.S. For more information about U.S. vaccination requirements, please visit the CDC Travel website and the U.S. Department of State for travel information.

5/12/2021: Reduction of Consular Services in Russia

U.S. Embassy Moscow will reduce consular services offered to include only emergency U.S. citizen services and all non-immigrant visa processing for non-diplomatic travel will cease. More information is available on the U.S. Department of State website.

5/3/2021: Uniform Global National Interest Exceptions to COVID-19 Travel Restrictions

The Secretary of State will apply the same set of National Interest Exceptions (NIE) to India that had previously been applied to China, Iran, Brazil, South Africa, Schengen Area, United Kingdom and Ireland. The automatic exceptions will apply to new and continuing students with a valid visa whose programs begin on or after August 1, 2021 with some exceptions for J-1 Exchange Visitors. Updated NIE information is available here.

4/30/2021: Presidential Proclamation Adds India to COVID Travel Restrictions

President Biden issued a Proclamation suspending entry of nonimmigrant persons to the U.S. who were physically present in India within the fourteen-day period immediately prior to applying for admission to the U.S., effective Tuesday, May 4th.

4/26/2021: National Interest Exceptions for Certain Travelers

The State department made a national interest determination regarding the categories of travelers eligible for exceptions under Presidential Proclamations 9984, 9992, and 10143, as related to the spread of COVID-19. This includes Brazil, China, Iran, Ireland, South Africa, United Kingdom, and the Schengen Area of Europe. You can review the National Interest Exception (NIE) here.

4/26/2021: SEVP Guidance for 2021-2022 Academic Year

SEVP will apply previously issued guidance in March 2020 to apply to the 2021-2022 academic year. Review the most recent FAQs for SEVP Stakeholders and visit ICE.gov/coronavirus webpages for more information.

1/25/2021: Proclamation on Ending Discriminatory Bans on Entry to the United States 

On January 20, 2021, President Biden signed Executive Order “Ending Discriminatory Bans on Entry to the United States”. This Executive Order ends the travel restrictions under Presidential Proclamations 9645 and 9983 that had suspended entry into the United States of certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. 

Please note that CDC COVID-19 Travel Restrictions are still in place. 

12/18/2020: SEVP Winter/Spring 2021 Guidance

DHS/SEVP has not published updated guidance for the Winter/Spring quarters. The International Center has received notification from SEVP that we should continue to refer to previous guidance.  The International Center FAQs have been updated.

Summary of Current Guidance for Continuing Students

As stated in the March 2020 guidance:

• Active F-1 students will be permitted to temporarily count online classes towards a full course of study in excess of the regulatory limits stated in 8 C.F.R. § 214.2(f)(6)(i)(G) and 8 C.F.R. § 214.2(m)(9)(v).
• The March 2020 guidance applies to continuing F-1 students who were in valid F-1 on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.

Summary of Current Guidance for Initial Students

• In accordance with March 2020 guidance, F-1 students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online.
• New UCI students who entered the U.S. for Fall Quarter 2020, Winter 2021 and Spring 2021, will need to be enrolled in one in-person course.

09/25/2020: DHS Proposes Elimination of Duration of Status (D/S)

The International Center would like to inform you that the Department of Homeland Security (DHS) published a proposed rule to eliminate duration of status (D/S) for F students and their dependents, J exchange visitors and their dependents, and I media representatives (this visa is not used on the campus).  

Currently F-1/J-1 students, J-1 scholars and their dependents are admitted into the U.S. for “duration of status” which allows you to remain in the U.S. for the time needed to complete your program or research. Under the new proposed rule F and J visa holders will have an end date on their I-94. Prior to the end date of the I-94 the new rule proposes that students and scholars will need to apply for an extension by filing an application with USCIS. There are other proposed changes.

Please know that the International Center is working with system wide colleagues to submit comments to the proposed rule during the 30-day comment period; and preparing our educational materials for you, our students, scholars, and departments in preparation of final rule publication; as well as reviewing business practices that will need to be modified to assist our international population.

DHS Press Release

NAFSA Summary: a summary of key proposals

If you have questions, please email internationalcenter@uci.edu

07/24/2020: SEVP Clarifies March 2020 Guidance

On July 24, 2020, SEVP posted a broadcast message on the ICE COVID-19 web page to clarify certain aspects of applying the March 2020 “status quo” guidance in the context of the Fall 2020 term. The broadcast message is reproduced below.

Later the same day, SEVP posted Clarifying Questions for Fall 2020 (July 24, 2020), an updated FAQ.

General Information

Active F and M students, as well as schools certified by the Student and Exchange Visitor Program (SEVP) should abide by SEVP guidance originally issued in March 2020. The guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the public health emergency generated by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad.

Summary of March 2020 Guidance for Continuing Students

As stated in the March 2020 guidance:

• Active F-1 students will be permitted to temporarily count online classes towards a full course of study in excess of the regulatory limits stated in 8 C.F.R. § 214.2(f)(6)(i)(G) and 8 C.F.R. § 214.2(m)(9)(v).
• The March 2020 guidance applies to continuing F-1 students who were in valid F-1 on March 9, 2020, including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall. Students actively enrolled at a U.S. school on March 9, 2020, who subsequently took courses online while outside of the country can re-enter the United States, even if their school is engaged solely in distance learning.

Summary of March 2020 Guidance for Initial Students

• In accordance with March 2020 guidance, F-1 students in new or initial status after March 9, 2020, will not be able to enter the United States to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online.
• New UCI students planning to enter the U.S. for Fall Quarter, including SEVIS transfer-in students that are currently outside the U.S. will need to be enrolled in one in-person course.
• Students will need to have an I-20 with a notation issued (or re-issued) in order to apply for their visa and enter the U.S. in an initial student record.

Resources

Broadcast Message 2003-01: Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M Nonimmigrant Students (March 9, 2020).

COVID-19: Scenarios for SEVP-certified Schools for Emergency Procedures (March 13, 2020).

Frequently Asked Questions from SEVP Stakeholders about COVID-19.

SEVP recently updated its frequently asked questions with information to clarify the application of the March 2020 guidance to the fall 2020 semester and will continue to update these resources with the latest information and guidance as new information becomes available.

07/14/2020: SEVP Restrictions on International Students has been Rescinded

We are happy to share the good news that the SEVP updated guidance for Fall 2020 has been rescinded.  We know that the past week has been very difficult for our international students trying to understand the new guidance as well as needing to know which classes will be available to you. Please know that the International Center staff is here for you, and we will continue to advocate for you. We are waiting to receive more information from SEVP, below is helpful information as you make plans for fall 2020 enrollment.

CONTINUING F-1 STUDENTS:

You are not required to enroll in at least one in-person class. You can remain in the U.S. and enroll in remote classes and still maintain your F-1 status. You must still be enrolled in a total of 12 units and otherwise maintain your status.

If you are outside the U.S., you are able to continue your remote enrollment for Fall 2020 and keep you SEVIS record active.

NEW F-1 STUDENTS:

We are waiting to receive updated information from SEVP to get more details on requirements for new students that plan to enter the U.S. As we receive information, we will share with you.

Update: 7/17/2020: Clarification for new F-1 Students:

New F-1 students are not exempt from the in-person course requirement. Since the SEVP guidance reverted to the previous guidance, meaning new students will require at least one course that is in-person.

TRAVEL TO THE U.S:

For students that are currently outside the U.S. please review travel information related to COVID-19 bans and please be aware that U.S. Consulates may still be closed or offering very limited appointments.

The International Center will send out additional information as soon as we receive it.

Message sent out to the campus community on 7/14/2020:

07/06/2020: SEVP Broadcast Message: COVID-19 and Fall 2020 

On July 6, 2020 SEVP published Broadcast Message 2007-01 – COVID-19 for Fall 2020.

In this announcement SEVP updated guidance for Fall 2020. Previously SEVP had made a temporary adaptation related to online courses allowing international students on F-1 visas to enroll in remote courses in the Spring Quarter 2020 and Summer Sessions 2020.

For Fall 2020, SEVP will require at least one course of in-person enrollment for schools like UCI that will operate with some in-person and remote course options (hybrid) for Fall 2020. Please review this chart to help you understand your individual situation.  The information is subject to change and will be updated as we get new information.

ADDITIONAL RESOURCES:

UC Office of the President Announces Plans to File Lawsuit
Statement from UC President Regarding ICE Announcement
SEVP Broadcast Message 2007-01 – COVID-19
SEVP FAQs on Fall 2020 Guidance
CDC Guidelines for Traveling to the U.S.

06/29/2020: Amendment to Presidential Proclamation Suspending Entry of Certain Nonimmigrant Visas

https://www.whitehouse.gov/presidential-actions/proclamation-amendment-proclamation-10052/

06/23/2020: Presidential Proclamation Suspending Entry of Certain Nonimmigrant Visas

On Monday, June 22nd, 2020, President Trump signed a new Executive Order, Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. This order is to take effect at 12:01 a.m. on June 24th, 2020.

Who is NOT impacted by the proclamation?

This proclamation does NOT impact F-1 or J-1 students (including the OPT/STEM OPT program) or the J Research Scholar, Short Term Scholar, and Specialist categories.

This proclamation does not apply to:

• Individuals in the United States on the effective date of the proclamation. This includes persons who currently hold H-1B status or are awaiting approval of H-1B change of status or extension of status petitions.
• Any lawful permanent residents
• Spouse or children of U.S. citizens
• Individuals seeking to enter the U.S. to provide temporary labor or essential services to the U.S. food supply chain
• Any individual whose entry would be in the national interest

Who IS impacted by the proclamation?

The entry of any individual into the U.S. with the following visas are temporarily suspended until December 31, 2020:

• An H-1B or H-2B visa and anyone accompanying these individuals　
• A J visa in the following categories: Intern, Trainee, Teacher, Camp Counselor, Au Pair, or Summer Work, and anyone accompanying these individuals
• An L visa and anyone accompanying these individuals

Exceptions: The proclamation applies to any individual outside the U.S. on the effective date of the proclamation (1) Who does not have a nonimmigrant visa that is valid as of the effective date of the proclamation, and (2) Does not have an official travel document other than a visa.

In addition, the April 22nd, 2020 Proclamation (Suspension of Entry of Immigrants Who Present a Risk to the U.S. Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak) has been extended to December 31, 2020.

Should you have specific questions please send a message to internationalcenter@uci.edu

As additional information is known or clarified this page will be updated.

06/12/2020:  Anticipated Presidential Proclamation Regarding Foreign Nationals

There have been reports that the Trump administration may announce a new Presidential Proclamation further restricting foreign national travel and employment. As of today, no official details, preliminary or otherwise, have been provided by the government. 

Please know that the International Center is working closely with the UC Office of the President (UCOP), other UC campuses, as well as our professional organizations to monitor the issues impacting our international community. The International Center will provide additional information at it becomes available. 

We recognize that the anticipated Presidential Proclamation brings uncertainty, and we encourage international students, scholars and faculty to reach out to the International Center with questions or concerns. Questions can be directed to Anna Wimberly acwimber@uci.edu.

05/30/2020: Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from China

Update (9/10/2020): The International Center is aware of reports that the Department of State has started revoking visas for some student or scholars as a result of this proclamation. Please know that as of today, we have not received information from DoS about specific students or scholars at UCI. If you have received this notification from the Department of State that your visa has been revoked, please email internationalcenter@uci.edu and an Advisor will contact you directly. 

On May 29, 2020, the President issued Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.

The proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020, and will remain in effect until terminated by the President.

Ther proclamation will impact graduate and researchers who seek to enter the U.S. on F-1 and J-1 visa, working in specific fields with relationships to specific entities. This does not include undergraduate students. There is still additional information that needs to be reviewed to determine which individuals might be affected by this proclamation.  Information on this page will be updated as we learn more.

Questions about the impact on immigration status or visas related to this proclamation can be directed to Director of the International Center, Anna Wimberly acwimber@uci.edu.

FAQs on Proclamation (updated 06/02/2020):