The End of "Duration of Status"

 

The Department of Homeland Security (DHS) has proposed a major rule change that would end the long-standing practice of "duration of status" (D/S) for F-1 foreign students and J-1 exchange visitors. Instead, international students and exchange scholars would be admitted to the U.S. for a set period, generally capped at four years, after which they would need to apply for an extension or depart the country.

Key Points of the DHS Proposal

End of "Duration of Status" (D/S): F-1 and J-1 visa holders are currently admitted for as long as they maintain full-time enrollment or participation in approved activities, without a set end date. 

Fixed Period Admissions: Under the proposal, admission would match the program end date listed on Form I-20 (for F-1) or DS-2019 (for J-1), but not exceed four years, plus a short grace period (30 days for departure).

Extensions Required: Students or scholars needing additional time must apply directly to DHS for an extension of stay before their authorized period ends.

Transition for Current Students/Visitors: Those already in the U.S. on D/S could remain until their program end date, but for no more than four years from the rule’s effective date, and would also need to seek an extension to stay longer.

Shorter Grace Period: The F-1 visa grace period after program completion would be cut from 60 days to 30 days, matching the J-1 and M-1 categories.

Other Related Changes: The proposal also adjusts rules on multiple degrees, changes of schools or programs, and the accrual of unlawful presence.

Impact of the Proposed Change

The new rule increased uncertainty for international students, particularly those in longer programs or seeking Optional Practical Training, would face uncertainty and must plan for mid-program status extensions.

There is also the issue of program duration mismatches.  The National Center for Education Statistics finds the median time to complete a bachelor's degree in the U.S. is about 4.3 years, and the median for a Ph.D. is nearly 5.7 years, so many students would be impacted by the four-year cap.  More frequent extension requests would increase workload for both students and university administrators.  The USCIS' workload will also increase.

What's Next

The DHS proposal, if implemented, would mark a fundamental change to U.S. visa policy for international students and scholars, introducing fixed deadlines and potentially reshaping the global landscape for higher education.  The rule is open for public comment until September 29, 2025, and educational institutions and advocacy groups are expected to weigh in.  Although there may be some minor changes to the proposal, the main portions of the rule will likely be implemented.  International students and scholars should plan their immigration journey accordingly. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The F-1 Optional Practical Training Program is in Jeopardy

 

In his confirmation hearing before the Senate Judiciary Committee, Joseph Edlow, President Trump’s nominee to lead U.S. Citizenship and Immigration Services (USCIS), declared his intention to terminate the Optional Practical Training (OPT) program, a move that has sent shockwaves through the higher education and immigration communities.

At the hearing, when questioned by a Senator about his view of the OPT program, Mr. Edlow said he believed the way that OPT has been handled over the past four yours (based on certain D.C. Circuit Court decisions) has been a problem in terms of misapplication of the law.  He said: "What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.”

His statement has been interpreted to mean that, as USCIS Director, he would cancel F-1 students' OPT Optional Practical Program.   

Potential Ramifications of Edlow’s Policy

According to the Institute of International Education, there are 163,452 international students engaged in post-completion OPT and 79,330 were in STEM OPT for fiscal year 2023 to 2024. 

If Edlow were to follow through with terminating OPT, the impacts would be immediate and far-reaching.  Many thousands of international students—especially from India and China—could be forced to leave the U.S. immediately after graduation, upending their career plans and financial investments in U.S. education.  

There would also be a major impact on U.S. Universities too. OPT is a major incentive for international enrollment. Removing it would diminish the appeal of American education, likely leading to a sharp decline in international student enrollment, and associated tuition revenue losses. 

Elimination of OPT would also affect  the U.S. workforce and economy. Many tech companies and research labs rely on OPT participants. Ending the program could worsen talent shortages, particularly in AI, biotech, and semiconductor sectors. In fact many startup founders began on OPT or similar pathways. Finally, OPT fosters cultural exchange and global collaboration. Its elimination could further isolate the U.S. academically and diplomatically.

Arguments Against OPT

Critics believe  OPT displaces U.S. graduates. Such a claim is not supported by evidence. The United States has lagged behind in STEM education for many years, creating a talent gap in the tech sector that is increasingly filled by skilled foreign workers. There are also concerns of fraud. It is true that there have been cases of fake employment to maintain OPT status. The issue should be addressed by regulatory reform rather than a complete elimination of the OPT program.

Conclusion

Joseph Edlow’s comments mark the strongest executive-level threat yet to the OPT program. Whether or not he follows through will depend on legal authority, public reaction, and potential lawsuits.  But one thing is clear: the future of international education in America is at a critical crossroads. The end of OPT wouldn’t just affect students—it would reverberate across U.S. education, labor, and innovation ecosystems.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

"One Strike and You're Out": The Trump Administration's Crackdown on Temporary Visa Holders

 

In the first 100 days of President Donald Trump's second term, the administration has implemented stringent immigration policies, significantly impacting all non-citizens including temporary visa holders, such as F-1, H-1B, L-1, O-1, B-1, B-2, etc. Secretary of State Marco Rubio has been at the forefront of these changes, introducing the "Catch and Revoke" one-strike policy, which allows for the immediate revocation of visas upon any infraction, regardless of severity.  Such policy applies equally to legal residents.

The "Catch and Revoke" Policy

Secretary Rubio's "Catch and Revoke" directive establishes a zero-tolerance approach to visa violations. Under this policy, any legal infraction, including minor offenses such as traffic violations, can lead to the immediate revocation of a visa. Rubio emphasized that a visa is "a privilege, not a right," reinforcing the administration's stance on strict immigration enforcement.  According to Rubio, there is no more "get-out-of-jail-free card" after a person is arrest for criminal activity including domestic violence and assault. 

Impact on Temporary Visa Holders

F-1 and J-1 Students: The administration's policies have led to the revocation of over 300 student visas in March alone, targeting individuals involved in activities deemed contrary to U.S. interests. The "Student Criminal Alien Initiative" further scrutinized approximately 1.3 million foreign students, resulting in visa terminations for minor infractions, including dismissed charges. Although many of students' status have been restored after federal litigation, this may not be the end of the story.

H-1B and Employment-Based Visas: Holders of H-1B and other employment-based visas face increased scrutiny, with policies threatening visa revocation for minor legal issues. The administration has also proposed higher wage thresholds and stricter eligibility criteria, potentially impacting renewals and extensions. 

B-1/B-2 Visitors and Other Categories: Tourist and business visa holders are not exempt from the crackdown. The "Catch and Revoke" policy applies broadly, leading to heightened anxiety among all temporary visa holders. 

Legal and Social Ramifications

The aggressive enforcement has led to numerous lawsuits and public outcry. In response to legal challenges, the administration temporarily halted the revocation of F-1 visas for students flagged for minor offenses, acknowledging the need for due process.  Despite this pause, the administration continues to pursue deportations for individuals deemed national security threats.

The policies have also created a chilling effect on international students and professionals, with many reconsidering their plans to study or work in the U.S. Universities report a significant drop in international applications, and tech companies advise foreign employees to avoid international travel due to re-entry uncertainties. 

Temporary Visa Holders Should Take Precautions

First, they must strictly adhere to all U.S. laws, including immigration and traffic regulations, to avoid any infractions that could jeopardize visa status.  Secondly, they must also exercise caution when engaging in political demonstrations or activities that could be construed as opposing U.S. policies.

Thirdly, foreign nationals should limit their international travel, as re-entry into the U.S. may be uncertain under current policies.   Forth, it is also critical for them to consult with immigration attorneys to stay informed about policy changes and to receive guidance tailored to individual circumstances.  Do not rely on information from friends and the social media.  Finally,  they also maintain records of legal status, employment, and academic enrollment to provide evidence of compliance if questioned.  Lengthy and inquisitive Requests for Evidence (RFEs) are very common now. 

Summary

The current administration's policies represent a significant shift in the U.S. approach to international students and temporary visa holders, emphasizing strict enforcement and limited tolerance for infractions. Visa holders must remain vigilant and proactive in safeguarding their legal status.  It should be noted that such policies are applied equally to all non-citizens, including green card holders.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Federal Crackdown on F-1 Students Sparks National Legal Battle

 

As reported recently, the U.S. federal government recently terminated the F-1 visa status of several thousands of international students—without notice or detailed explanation. These abrupt SEVIS (Student and Exchange Visitor Information System) record terminations left students out of status, unable to work, and vulnerable to deportation. In response, lawsuits have been filed nationwide, culminating in a temporary restraining order (TRO) granted by a federal judge in Georgia on April 18, 2025. The legal battle is ongoing, leaving the future of these international students uncertain.

Sudden Termination of SEVIS Records

Beginning in early April, ICE began terminating the SEVIS records of students on F-1 visas without prior warning. These terminations were often labeled “failure to maintain status,” yet lacked any accompanying detail or proof of wrongdoing.

Many students only discovered their status was revoked when trying to access SEVIS or check their immigration status. Others were told by their universities after ICE had already made the changes. What made the situation especially confusing was that school DSOs (Designated School Officials) had not reported any violations or initiated the terminations themselves.

The impact on students was severe. Those affected lost their employment eligibility—whether on-campus or through Optional Practical Training (OPT). Some faced housing and financial instability, while others feared traveling or interacting with immigration officials. For international students dependent on legal status to remain in the U.S., the revocations posed a critical and existential threat to their education and safety.

Legal Grounds for Challenge

Immigration attorneys and advocacy organizations rapidly filed lawsuits across several jurisdictions. They argue that the sudden termination of SEVIS record was a violation of Due Process, as students received no notice and had no opportunity to respond before their status was stripped.  The terminations appear to have been issued in bulk, without individualized findings, in violation of the Administrative Procedure Act (APA) as being arbitrary and capricious.  The actions also smack of overreaching, exceeding the government’s legal authority under the Immigration and Nationality Act.

Government attorneys have argued that terminating a SEVIS record is a "technical" action, not an immediate finding of unlawful presence. They contend that students may still seek reinstatement or resolution through administrative processes. However, such argument ignores the real-world consequences, including loss of legal status, work authorization, risk of arrest and deportation, and reentry eligibility.  Reinstatement is also a lengthy administrative process and the results are not guaranteed.

Georgia Case and TRO on April 18

Among the lawsuits, a major legal development occurred in the Northern District of Georgia, where plaintiffs sought emergency relief from enforcement. On April 18, 2025, a federal judge granted a temporary restraining order (TRO), barring ICE from proceeding with removals or other adverse actions against a group of students whose SEVIS records were suddenly terminated.  Significantly, the court found that the students were likely to succeed on the merits of their due process claims, the government’s action caused irreparable harm, including risk of deportation and educational disruption, and public interest favored injunctive relief. 

The TRO reinstated the SEVIS records of the plaintiffs retroactive to March 31, 2025, and paused enforcement until a hearing on a preliminary injunction could be held. 

What’s Next?

Preliminary injunction hearings in the Georgia case could lead to long-term protection for the students involved.  While the Georgia court’s order only directly affects the named plaintiffs, it sets a precedent. Courts in California, New York, and Illinois—where other lawsuits are pending—may follow suit. Further, if a court certifies a broader class of plaintiffs, the relief could extend nationwide.  

Yet, at least for now, affected students remain in a legal gray zone. While some have regained temporary protection, others remain vulnerable without the benefit of a TRO or court order in their jurisdictions.  Further, the broader crisis is far from resolved.  Foreign students and workers, as well as immigrants, will continue to feel the repercussions of Trump Administration's tough immigration measures. As we constantly remind clients, careful planning and precautionary measures are the key to a successful immigration journey.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

A Harsh Crackdown: Hundreds of F-1 Student Visas Revoked, SEVIS Records Terminated

In an unprecedented move, the U.S. government has initiated mass revocations of F-1 student visas and terminations of corresponding SEVIS records, leaving hundreds of international students in legal limbo. While international student enforcement has historically been minimal, recent shifts signal a new, aggressive approach with far-reaching consequences for students, universities, and the broader U.S. economy.

What’s Happening?

Late last month, Secretary of State Marco Rubio announced that over 300 student visas had been revoked, citing national security concerns and alleged foreign policy risks. Reports now suggest that hundreds more F-1 students have been affected, with ICE (Immigration and Customs Enforcement) simultaneously terminating their SEVIS records, effectively stripping them of their legal status in the U.S.  These enforcement actions are sweeping and largely opaque, often involving students with no or minor criminal history—or cases where charges are still pending or were dismissed.

Visa Revocation and SEVIS Termination

The U.S. State Department has discretionary authority to grant or revoke student visas.  However, historically, it is very rare that the government will revoke an F-1 visa when the student is already present in the United States.  A visa works like an admission ticket. Revocation of a visa only disallows the student from using it to return to the U.S.  Without other violations, foreign students are generally allowed to maintain their F-1 status and continue their studies in the U.S. until completion. 

However, when a student's SEVIS record is terminated, there are serious and immediate consequences.  They immediately lose their F-1 status and become ineligible to work (even on OPT). Further, their dependents' F-2 status are also terminated.

Reasons for Termination

Many students received no advance notice or explanation before their status is terminated. Termination notations like “otherwise failing to maintain status” were used vaguely and without context, preventing students from defending themselves.  Some students have some violations such as disorderly conduct, DUI, etc. Others have pending or dismissed cases.  Yet, some other students believe that they have no prior violations of the law.  

Students' Options are Limited

A student whose SEVIS is terminated faces immediate risk of deportation.  In fact, the government often requests such student to use an app to facilitate self-deportation.   However, leaving the country means that the student may not be able to finish their studies or return to the U.S. any time soon.  Another option is to try to apply for reinstatement of status.  The advantage is that they should be allowed to continue with their studies after filing of the reinstatement request - even this is questionable.  Students may continue with their study, but may not work or participate in OPT programs.  Another issue is that processing time of reinstatement cases is extremely long.  The government will also likely to deny them under the current policy. 

Another option for foreign students is to remain in the U.S. and defend themselves in removal proceedings.  However, the process could be long, and they would not be able to continue with their study or work while the case is pending. Worse, they could be detained by ICE during the legal process.  Some students proactively file lawsuits in federal court to reinstate their F-1 status and enjoin the government from detaining them.  Students may follow suit if these lawsuits are successful. 

In general, students should maintain a record of all communications with their DSO, ICE, and USCIS. Also keep record of any criminal violations including complaints, case dispositions, fines paid, etc. Evidence of compliance with visa conditions will be crucial.

Final Thoughts

The U.S. has long benefited from attracting top global talent through its educational system. We have benefited from them economically and also intellectually. This sudden crackdown on F-1 students not only disrupts the studies of many international students but also damages the country's reputation as a destination for international education and innovation. As we are now in a tough time at the moment, it is more important than ever for international students to take precautions to protect their status in the U.S. Foreign nationals, especially international students, should take steps to prepare for the worst and come up with contingency plans.  It is also prudent to seek advice from an experienced immigration counsel early on before one's visa is revoked.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Visa Services Launched for Certain European and African Countries

 

On September 30, 2024, the U.S. Department of State (DOS) launched a new visa appointment system called AVITS, aimed at improving services for visa applicants. The system is currently active in several countries, including:

Belgium, Burkina Faso, Cameroon, Côte d'Ivoire, the Democratic Republic of the Congo, France, The Gambia, Ghana, Liberia, Nigeria, The Netherlands, Rwanda, Senegal, and Sierra Leone.

For those with previously scheduled appointments in the old system, the existing appointments remain valid, and instructions for creating a new account will be sent to the registered email. However, there are reports regarding issues with the new system, including payment problems and difficulties booking appointments using certain USCIS receipt numbers.

The new system can be accessed at: https://www.usvisaappt.com/visa/.  Applicants are encouraged to visit the local U.S. Embassy websites for FAQs and updates.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Guidance for F/M Student Visa Classification

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updates to its guidance on F and M nonimmigrant student classifications. This update focuses on various aspects of student eligibility for Optional Practical Training (OPT), particularly for students in Science, Technology, Engineering, and Mathematics (STEM) fields. It also provides important clarifications on online study, school transfers, the grace period, and study abroad, making it easier for foreign students and educational institutions to comply with the legal requirements.

Online Classes

The updated guidance confirms that F and M nonimmigrant students may count one class or three credits (or their equivalent) per academic session toward a full course of study if taken online or through distance learning. This flexibility applies as long as the course does not require physical attendance for any part of its completion. This update is particularly beneficial for students juggling online and in-person coursework and reflects the increasing prevalence of online education​. 

School Transfers and Grace Period Adjustments

The new guidance clarifies the process for transferring between schools. Students can transfer between SEVP-certified schools at the same educational level or move between different educational levels.  Additionally, during the 60-day grace period following the completion of OPT, students may change their educational level, transfer to another SEVP-certified school, or file applications with USCIS to change to a different nonimmigrant or immigrant status. This grace period provides much-needed flexibility for students transitioning between educational programs or immigration statuses​. 

STEM OPT Extensions and Application Periods

For students in STEM fields, the USCIS made technical corrections regarding STEM OPT extensions, updating the period during which students may apply. This ensures that students have clear and accurate timelines for applying, making the process more streamlined. Additionally, the update reinforces that students may be eligible for post-completion OPT after completing an associate’s, bachelor’s, master’s, or doctoral degree, broadening opportunities for students at all educational levels​.  

USCIS guidance attempts to correct the time period during which the application for STEM OPT extension may be submitted.  It is clear that F-1 students may submit a Form I-765 EAD application up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD.  However, as of 09/23/2024, there is inconsistent information regarding the number of days during which the STEM-based I-765 must be submitted after the DSO enters the STEM OPT recommendation into SEVIS.  While USCIS Policy Manual is showing 30 days, the I-765 form instructions and DHS "StudyInTheStates" website are showing 60 days.  We recommend clients to follow the more restrictive 30-days filing window.

Study Abroad Programs

For students participating in study abroad programs, the guidance offers clarity on maintaining SEVIS  status. Students enrolled in SEVP-certified schools can remain active in SEVIS during study abroad programs lasting less than five months. However, if the program exceeds five months, a new Form I-20 will be required, ensuring students maintain their legal status during extended periods abroad​. 

Conclusion

The August 2024 updates to USCIS guidance for F and M nonimmigrant students provide additional clarity and flexibility of rules surrounding OPT, online education, school transfers, and study abroad. The rules for F and M international students are generally complicated and unforgiving.  It is critical that foreign students pay close attention to all the rules and regulations, and keep in close contact with their school Designated Student Officer (DSO).  When in doubt, do not hesitate to contact an experienced immigration attorney for further guidance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Foreign Students Affected by School Loss of Accreditation

 

Foreign students studying or intending to study in the United States often navigate a complex landscape of regulations and requirements. Recently, significant changes have occurred that directly affect foreign students, particularly those enrolled in English language programs and STEM fields. 

On August 19, 2022, the U.S. Department of Education (ED) made a crucial announcement that has repercussions for students under the Accrediting Council for Independent Colleges and Schools (ACICS). Specifically, the federal government had formally terminated its recognition of ACICS as an accrediting agency for quality and compliance issues. Schools that were was granted accreditation through ACICS also lost their accredited status. Stratford University is one such example. 

Implications for English Language Study Programs

One immediate effect of the ED's decision is on English language study programs. The Accreditation of English Language Training Programs Act requires such programs to be accredited. With ACICS no longer recognized as an accrediting agency, students enrolled in English language programs at ACICS-accredited schools may face challenges. It's essential for affected students to communicate promptly with their Designated School Officials (DSOs) to understand how this decision impacts their status and immigration benefits applications.

Impact on STEM OPT Extension Program

Furthermore, the ED's decision impacts F-1 students applying for a 24-month STEM Optional Practical Training (OPT) extension. To qualify for this extension, students must have a degree from an accredited institution. Since ACICS accreditation is no longer recognized, F-1 students with degrees from ACICS-accredited institutions may face denials when applying for STEM OPT extensions. It's crucial for affected students to ensure they meet the accreditation requirements by seeking guidance from their DSOs and exploring alternative options.

Other Considerations

The consequences of ACICS's loss of recognition extend beyond English language programs and STEM OPT extensions. Degrees conferred by ACICS-accredited institutions after August 19, 2022, may not qualify for certain immigration benefits, such as the H-1B advanced degree exemption. Additionally, institutions solely accredited by ACICS may no longer qualify for H-1B cap exemptions or other fee exemptions.

Next Steps for Affected Students

Foreign students impacted by these changes must take proactive steps to safeguard their academic and immigration statuses. This may include exploring alternative institutions with recognized accreditations, understanding the implications for their specific circumstances, and seeking guidance from immigration advisors and DSOs.

In conclusion, the ED's decision to no longer recognize ACICS as an accrediting agency has significant implications for foreign students in the United States. It underscores the importance of staying informed, seeking guidance, and adapting to changes in the educational and immigration landscape.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

F & M Students Allowed to file Labor Application and Immigrant Visa Petition

 

In a recent policy memo issued by USCIS on 12/20/2023, the immigration agency resolved a long-time conflict regarding foreign students' ability to apply for permanent resident status.  Historically, foreign students applying or holding F and M visas were only allowed to study in the United States; they should not harbor other plans such as seeking employment or applying for a green card.  While H-1B and L visa holders are allowed to possess an immigrant intent, F and M students must only have a single intent of studying. Such a discrepancy results in denial of F-1 visa and status to many foreign students.

  

New Policy Allows Foreign Students to Apply for PR Status

The reality of the situation is that many international students, after earning their degrees and acquiring work experience in the United States, have chosen to stay in the country and become permanent residents. They apply for immigrant status through sponsorship by a family member such as a spouse, or by an employer who offers them permanent employment. To retain these educated students and also to update this archaic single-intent policy, USCIS revised their Policy Manual to confirm international students' ability to apply for permanent resident status without jeopardizing their legal status. 

Specifically, the new policy provides guidance to USCIS officers regarding the adjudication the applications of F and M students and their dependents in the United States for (1) employment authorization, (2) changes of status, (3) extension of stay, and  (4) reinstatement of status.

The policy guidance also confirms that, while foreign students must have a foreign residence that they have no intention of abandoning, they are allowed to be the beneficiary of a permanent labor certification application or immigrant visa petition. The existence of such immigrant petitions does not mean that they cannot demonstrate their intention to depart after a temporary period of stay. 

USCIS recognizes that foreign students are typically younger individuals who do not have strong ties in their home countries, and that they don't necessarily have any long-terms plans regarding their future.  As long as they are able to demonstrate their present intention to depart after their studies, adjudicators should not deny their applications. Such a policy shift is in line with State Department's visa issuance policy and also BIA's case law. 

Simply put, USCIS now distinguishes a foreign student's present intent to study and their longer term plans, which are usually unclear to the student at the present time.  The policy guidance is extremely helpful to foreign students who have opportunities to apply for permanent resident status while they are studying in the United States.  

What about the “mature” applicants? 

One interesting observation is that the policy shift seems to focus on younger students. What about the more mature students who are married and have a family and ties in the United States?  Due to the lengthy green card application process and the per-country visa limits, many foreign students have reached marriage age; they may have already married and started family in the country.  For these mature applicants, they may have to apply for F-1 status again after working for a number of years to update their skills or to maintain their lawful status.  In such cases, it is unclear if USCIS will equally apply this new policy to them. 

Importance of a foreign residence

One thing is clear is that all applicants must provide proof of a foreign residence.  In fact, this is the single underlying requirement for applicants to prove their present non-immigrant intent.  Younger students should be able to meet this requirement by claiming their parent's or family residence in their home country as proof.  For older applicants, it means that they must continue to maintain a foreign residence in order to meet the evidentiary requirement. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

SEVIS Termination After Cap H-1B Consular Processing Approval?

Every year, many F-1 international students are named as beneficiaries in cap H-1B petitions to seek employment authorization. There are multiple ways H-1B status can be granted to an F-1 student. Most H-1B employers request that the F-1 student be granted a change of status from F-1 to H-1B. In this case, the student's status will be changed from F-1 to H-1B seamlessly. 

If the prospective H-1B worker is outside the U.S., employers will request the approval notice to be sent to an overseas U.S. consular office, so that the employee may apply for an H-1B visa to enter the U.S. to commerce H-1B employment. This process is known as “consular processing”. 

While consular processing usually is requested for employees who are outside the U.S., some F-1 students may choose this route even if they are staying in the U.S.  One reason for this decision is that they want to exhaust the OPT/STEM OPT period before starting the H-1B employment period.  

In this situation, the SEVIS record should continue to reflect the student's F-1 or OPT status. However, there are still numerous reports that students' F-1 SEVIS records got automatically terminated on October 1st, even though consular notification was requested and approved in their H-1B petition. Several of our clients also encountered this issue recently. 

For example, one of our clients was currently in the last semester of his academic program, and had a cap H-1B consular processing approval. He was surprised to find out from his school that his F-1 SEVIS record was terminated on October 1st, 2023. Since his H-1B status was not yet effective, he suddenly became out of immigration status. Another client, who recently received her OPT work authorization and opted for consular processing, also received notice that her F-1 status would be terminated because of the H-1B approval. This means she would lose the unused portion of her OPT employment authorization.

If this happens, an F-1 student should contact their school DSO and/or program advisor immediately, and request the officer to perform a "data fix" to the SEVIS record to correct such mistakes in a timely manner. School DSOs should submit a data fix ticket to the SEVIS helpdesk for the correction. An I-797 approval notice reflecting the consular notification would usually be required in a data fix request. The specific language they should be looking for on the notice would be "(t)he above petition has been approved, and notification has been sent to the listed consulate". 

While the erroneous F-1 termination could be frustrating and terrifying, F-1 students should stay calm and take immediate action. Otherwise, their status and work authorization will be jeopardized, and a formal F-1 status reinstatement, which is more complicated and time-consuming, would be required. When in doubt, be sure to reach out to an experienced immigration attorney for advice and assistance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Indian international students outnumbered Chinese students for the first time

 

For the first time since 2009, India has surpassed China in terms of the number of students studying in the United States. According to DHS statistics, as of September 2023, there were 320,000 Indian students studying in America, while the number of active Chinese student was 254,000.

For many years, China was the dominant source of F-1 international students, representing roughly one-third of foreign student populations. Covid-19 essentially halted the issuance of F-1 visas to foreign students for many months in 2021, including those from China.  In 2021, the number of Indian students increased by 12% while the number of Chinese students dropped 8%.  

As the U.S. gradually relaxed the entry and vaccination requirements for foreign students in 2022, the total number of active F-1 and M1 students rebounded to 1,362,157, representing a 10% increase from 2021.

Although the U.S. gradually reopened in 2022, China was still holding on to its "zero-Covid" policy. Even so, China still had more students studying in the U.S. than India that year.  The number of Chinese and Indian students studying in the U.S. were respectively 324,196 and 297,151.  However, the tide has finally turned in 2023.  There are several reasons for this reversal.

The rise of India's middle-class population has propelled the growth in foreign studies.  Recent reports show that India's middle class has increased five-fold in the last nine years.  Education is highly valued by Indian parents, just like their counterparts in China.  It is only natural that they want to send their children to study in the U.S., where many world-class educational institutions are located. 

For Chinese students, they were initially deterred by the anti-Chinese rhetoric during the pandemic, which resulted in a huge surge in Asian-hate crimes. A Trump-era policy of refusing visas to Chinese students and scholars with military ties has also contributed to the decline of the number of Chinese students.  The struggling Chinese economy also makes it more difficult for middle-class families to send their children abroad. 

Chinese students also have other options for education, such as U.K., Canada, Australia, New Zealand, etc., other than America.  If they sense that they are not welcome here, they are less inclined to apply for American schools. The limited number of work visas (H-1B) after graduation has also forced some Chinese students to depart. 

This is not to say that Chinese students have stopped coming to the U.S.  For K-12 education, China remains the number one country, sending 13,565 students to the U.S. in 2022, representing 25.3% (13,565) of all international students, followed by South Korea, which accounted for 7.6% (4,076) of K-12 foreign students.  

The economic benefits of international students are significant to the United States. According to the National Foundation for American Policy, in just the 2021/22 academic year, college-level international students contributed $33.8 billion to the U.S. economy and supported more than 335,000 jobs. Some of these students, like Elon Musk, may go on to found multi-billion companies that will bring immeasurable benefits to American society. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

US DHS Added 8 New STEM Fields for F-1 Students

On July 11, 2023, the U.S. Department of Homeland Security (DHS) announced the addition of eight (8) STEM fields to its STEM Designated Degree Program List.  This list is used to determine F-1 students' eligibility for the 24-month extension of the post-completion Optional Practical Training.  Only students with a STEM (science, technology, engineering, or mathematics) degree are eligible for the extension.  

Effective July 12, 2023, the following eight fields will be added to the STEM degree list:

• Composite Materials Technology/Technician (CIP code: 15.0617).
• Demography and Population Studies (45.0501).
• Developmental and Adolescent Psychology (42.2710).
• Geospatial Intelligence (43.0407).
• Institutional Research (13.0608).
• Landscape Architecture (04.0601).
• Linguistics and Computer Science (30.4801).
• Mechatronics, Robotics and Automation Engineering Technology/Technician (15.0407).

In January 2022, DHS already added 22 fields to the STEM Designated Degree Program List. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

 

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F-1 Student Hardship Employment Extended

 

Through a policy update, USCIS extended the employment authorization period for F-1 international students who experience economic hardship.  Effective 02/22/2023, USCIS updated its Policy Manual to clarify the validity period of employment authorization for F-1 foreign students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).  

USCIS is authorized to grant off-campus SSR employment authorization to F-1 students from a particular region based on severe economic hardship.  Hardship can be caused by events such as natural disasters, financial crises, and military conflicts.

The new policy clarifies that USCIS may grant off-campus SSR employment authorization to an F-1 student for the duration of the Federal Register notice validity period, which is typically an 18-month validity period. However, SSR employment authorization may not extend past the student’s academic program end date. The new policy applies to all pending SSR requests on or after 02/22/2023. 

International students who experience economic hardship should consider taking advantage of this policy change.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

US to issue F and M student visas up to 1 year in advance

 

The United States Department of State recently announced a new policy allowing F and M student visas to be issued up to 365 days in advance of the academic start date, as shown in the I-20 Certificate of Eligibility.  It should be noted that students are still not allowed to enter the U.S. on a student visa more than 30 days before their program start date. 

The change provides more flexibility and opportunities for early planning for foreign students who plan to study in the United States.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Burma (Myanmar) has been Redesignated for TPS; Burmese F-1 Students Employment Opportunities Extended

In a recent public notice published by the DHS, the agency has extended TPS for Burma (Myanmar) for 18 months, from 11/26/2022 to 05/25/2024.

Re-registration of Existing Beneficiaries:  Burmese nationals have 60 days to re-register again for TPS from 09/27/2022 to 11/26/2022.   DHS reminds them to re-register as soon as possible to avoid lapses of their employment authorization document (EADs).

First-time Registration:  For new applicants, they may register for TPS anytime from 09/27/2022 through 05/25/2024.  Burmese nationals must demonstrate continuous residence in the United States since 09/25/2022 and continuous physical presence in the United States since 11/26/2022.  They must file the Form I-821 with USCIS during the initial registration period.  Eligible applicants may also file Form I-765 to apply for EADs and Form I-131 for travel authorization during this time. 

For those applicants who already have pending TPS and/or EAD applications, it is not necessary for them to file new applications. USCIS will approve these pending applications taking into account the new designation period. 

Further, DHS is also offering a one-year automatic extension for applicants who filed a timely EAD extension application, through 11/25/2023.  

Burmese F-1 Students Afforded More Employment Opportunities

To further assist Burmese students who may have suffered from severe economic hardship as a result of the humanitarian crisis in Burma, DHS is also extending the existing special exceptions to F-1 employment rules for Burmese students. For examples, Burmese F-1 students may request employment authorization while school is in session; they may request for additional work hours and reduce their regular course load, etc.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Proposed Settlement Reached for UNNJ Class Action

Remember the University of Northern New Jersey (UNNJ) – the fake school set up by the government to target immigration fraud committed by unscrupulous agents and brokers?  After five years of litigation, the government has reached a proposed settlement agreement with the plaintiffs.  Hundreds of foreign students who once enrolled in UNNJ finally see some positive development regarding their immigration status in the U.S. 

University of Northern New Jersey (UNNJ), a school that was created by DHS to target visa fraud, has become the worst nightmare of their students. Over 1,000 foreign students were offered the option of leaving the country voluntarily or facing removal proceedings. Some students later brought a class-action lawsuit against the federal authorities. 

Now, the lawsuit will likely be ended by a potential settlement agreement. Once the agreement is approved, it will provide certain legal protections to the foreign nationals who are impacted by the UNNJ operation, including: 

• Foreign nationals will not be found inadmissible or deportable based on their UNNJ enrollment

It means that the former UNNJ students will not be deported from or prevented from entering the U.S. based on their UNNJ enrollment. 

• The government will not deny immigration benefits based on UNNJ enrollment

The authorities will not deny applicants' immigration applications, solely based on the applicant's UNNJ enrollment, from now on. If an applicant's immigration benefits had previously been denied by the government based on his/her UNNJ enrollment, the denials will not have any negative impacts on the applicant's future filings. 

• UNNJ-related misrepresentation made before UNNJ's closure can be retracted 

Misrepresentation made before 04/05/2016 by applicants regarding the UNNJ matters will not be considered “material misrepresentation.” If an applicant retracts or corrects the misrepresentation in a later filing, it will not be used as a ground of inadmissibility.  UNNJ students should make sure that they work with a qualified attorney to properly retract any false or untruthful statements. 

• Removal proceedings will be dismissed 

DHS will file motions to dismiss any pending deportation proceedings against any and all former UNNJ students. If a final order of removal was entered, DHS will reopen and dismiss the order. 

• UNNJ students will not accrue unlawful presence or found to be out of lawful status for a certain period

For former UNNJ students who are not currently in deportation proceedings and were never issued a final order of removal because of their UNNJ enrollment, they are not considered unlawfully present or out of status during the time they enrolled in the school through 180 days after the settlement agreement's approval. For those who are currently in removal proceedings or a final order of removal was entered, the end-date of the grace period will be 180 days after the date the removal proceedings are dismissed. 

• Expedite immigration benefits filed during a certain period

The government will take actions to expedite any immigration applications filed by or on behalf of UNNJ students. These may include requests to change or extend immigration status, application to adjust status to permanent resident, etc.  The expedited adjudication will not apply to asylum applications. 

• Impacted foreign nationals can apply for F-1 reinstatement 

DHS will provide special treatment for former UNNJ students to reinstate their F-1 student status. They will adjudicate the application despite it is filed outside the standard five-month filing window, student's lack of proper status, or prior denial of reinstatement. 

• DHS will rescind status-termination letters and modify records/databases

The status-termination letters sent to UNNJ students on account of their fraudulent enrollment will be treated as rescinded. The “fraud” and related notations against these students in the government databases will also be removed. 

The proposed settlement is not final yet, pending a Fairness Hearing scheduled for 05/02/2022 in Newark, NJ.  After five years of battle in the courtroom, this is indeed a huge relief for the foreign nationals who have been haunted by their UNNJ enrollment. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

U.S. to waive visa interviews for H1B, F, M, H3, L, O, P, Q, H2B through 2022

Today, the Department of State announced expanded interview waiver policies for visa applicants who are coming to study and work in the United States. 

From now until December 31, 2022, U.S. consular officers are temporarily authorized to waive in-person interviews for individuals and their dependents applying for U.S. visas in the following categories: 

• Persons in Specialty Occupations (H-1B visas)
• Trainee or Special Education Visitors (H-3 visas)
• Intracompany Transferees (L visas)
• Individuals with Extraordinary Ability or Achievement (O visas)
• Athletes, Artists, and Entertainers (P visas), and 
• Participants in International Cultural Exchange Programs (Q visas). 

From now until December 31, 2022, U.S. consular officers’ current ability to waive the in-person interview for Temporary Agricultural and Non-agricultural Workers (H-2 visas), Students (F and M visas), and Student Exchange Visitors (Academic J visas) will be extended.

Finally, the existing authorization to waive the in-person interview for applicants renewing a visa in the same visa class within 48 months of the prior visa’s expiration has been extended indefinitely.

These measures are to balance the danger of Covid and the importance of allowing foreign workers and students to enter the U.S.   

It is important to note that in-person interviews may still be required on a case-by-case basis, depending on local conditions.  Applicants should check with the particular embassy or consulate websites for more detailed information. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Employment Authorization for Hong Kong F-1 Students with Economic Hardship

On November 26, 2021, the Department of Homeland Security published a notice authorizing employment authorization and reduced course load of study for certain Hong Kong students studying in the U.S. on F-1 visa status who are suffering from "severe economic hardship as a direct result of the emergent circumstances in Hong Kong." 

Under the new policy, Hong Kong residents who are lawful F-1 nonimmigrant students may request for employment authorization, work an increased number of hours while school is in session, and also reduce their regular course load without jeopardizing their F-1 student status. 

Who is eligible for EAD and related benefits?

The policy applies only to F-1 nonimmigrant students who meet all of the following conditions: 

(1) Are Hong Kong residents, regardless of country of birth;

(2) Were lawfully present in the United States in an F-1 nonimmigrant status on 11/26/2021;

(3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment of F-1 nonimmigrant students;

(4) Are maintaining F-1 nonimmigrant status; and

(5) Are experiencing severe economic hardship as a direct result of the emergent circumstances in Hong Kong.

What is the minimum course load requirement?

In order to qualify for employment authorization under this notice, Hong Kong students must maintain the minimum course load.  Undergraduate F-1 nonimmigrant students must remain registered for a minimum of six semester or quarter hours of instruction per academic term. A graduate-level F-1 nonimmigrant student must remain registered for a minimum of three semester or quarter hours of instruction per academic term.  These credit hours are half of the normal requirements for "full course of study." Of these credit hours, up to three (3) can be conducted online or in other distance learning format. However, individual schools may set their own minimum course load requirements, with which Hong Kong students must still comply.

I am a Hong Kong F-1 student who already has on-campus or off-campus employment authorization.  Can I also benefit from the suspension of F-1 status requirements under this notice?

Yes. For those Hong Kong resident students who already have employment authorization, they are also eligible for the reduced course load of study.  Such students may benefit without having to apply for a new Form I-766, Employment Authorization Document (EAD). They must make the request with their the designated school official (DSO). The DSO should enter the following statement in the remarks field of the student's Student and Exchange Visitor Information System (SEVIS) record, which the student's Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, will reflect:

Approved for more than 20 hours per week of [DSO must insert “on-campus” or “off-campus,” depending upon the type of employment authorization the student already has] employment authorization and reduced course load under the Special Student Relief authorization from [DSO must insert the beginning date of the notice or the beginning date of the student's employment, whichever date is later] until [DSO must insert either the student's program end date, the current EAD expiration date (if the student is currently authorized for off-campus employment), or the end date of this notice, whichever date comes first].

Will F-2 dependents of an F-1 Hong Kong student be eligible to apply for employment authorization?

No.  F-2 spouses or minor children of a Hong Kong F-1 student will not be authorized to work in the United States.  

I am a Hong Kong student scheduled to enter the United States after 11/26/2021.   Will I be eligible to apply for employment authorization or take a reduced number of credit courses under this notice?  

No. The suspension of the applicability of the standard regulatory requirements only applies to certain F-1 nonimmigrant students who are already enrolled in a SEVIS school as of 11/26/2021.

I am a Hong Kong resident studying in the U.S. as an F-1 student, but I was not born in Hong Kong.  Will I be eligible for these benefits?

Yes,  Hong Kong residents, regardless of their place of birth, who are otherwise eligible for these benefits may apply for these benefits.

Does the new policy apply to elementary school, middle school, and high school students in F-1 status?

Yes. This notice applies to F-1 nonimmigrant students studying at approved private school in kindergarten through grade 12, public school in grades 9 through 12, and undergraduate and graduate institutions. Eligible F-1 nonimmigrant students enrolled in an elementary school, middle school, or high school may benefit from the suspension of the requirement that limits on-campus employment to 20 hours per week while school is in session. 

However, this notice does not reduce the required course load for F-1 students enrolled in private kindergarten through grade 12, or public school grades 9 through 12. Such students must still maintain the minimum number of hours of class attendance per week as required by the academic institution for normal progress toward graduation. 

How does an F-1 Hong Kong student who has on-campus employment authorization be authorized to work more than 20 hours per week while school is in session?

An eligible F-1 Hong Kong student may request authorization to work more than 20 hours per week while school is in session by making the request their school DSO. They must demonstrate severe economic hardship. The DSO should enter the following statement in the remarks field of the SEVIS student record, which will be reflected on the student's Form I-20:

Approved for more than 20 hours per week of on-campus employment and reduced course load, under the Special Student Relief authorization from [DSO must insert the beginning date of this notice or the beginning date of the student's employment, whichever date is later] until [DSO must insert the student's program end date or the end date of this notice, whichever date comes first].

The new policy suspended the application of the regulatory requirements regarding off-campus employment. What are the suspended requirements? 

• That a student must have been in F-1 nonimmigrant status for one full academic year in order to be eligible for off-campus employment;
• That an F-1 nonimmigrant student must demonstrate that acceptance of employment will not interfere with the student's carrying a full course of study;
• That limits an F-1 nonimmigrant student's employment authorization to no more than 20 hours per week of off-campus employment while school is in session; and
• That the student demonstrate that on-campus employment is unavailable or otherwise insufficient to meet the needs that have arisen as a result of the unforeseen circumstances.

How does an eligible F-1 nonimmigrant student obtain employment authorization for off-campus employment with a reduced course load under this notice?

An F-1 Hong Kong student must file the Form I-765, Application for Employment Authorization, with USCIS to apply for off-campus employment authorization based on severe economic hardship.  

The first step is to provide documentation to demonstrate the following to the DSO:

(1) This employment is necessary to avoid severe economic hardship; and

(2) The hardship is a direct result of the emergent circumstances in Hong Kong.

If the DSO determines that the F-1 Hong Kong student should receive such employment authorization, the DSO must recommend application approval to USCIS by entering the following statement in the remarks field of the student's SEVIS record, which will then appear on the student's Form I-20:

Recommended for off-campus employment authorization in excess of 20 hours per week and reduced course load under the Special Student Relief authorization from the date of the USCIS authorization noted on Form I-766 until [DSO must insert the program end date or the end date of this notice, whichever date comes first].

The F-1 Hong Kong student must then file the properly endorsed Form I-20 and Form I-765, along with other required documentation such as copy of their passport, I-94, application filing fee, and passport photos, with the USCIS. The F-1 nonimmigrant student may begin working off campus only upon receipt of the EAD from USCIS.  The application should be sent in an envelope which is clearly marked on the front of the envelope, bottom right-hand side, with the phrase “SPECIAL STUDENT RELIEF.” 

Can an F-1 nonimmigrant student apply for a DED-related EAD and for benefits under this notice at the same time?

Yes. An F-1 Hong Kong student may apply for a Deferred Enforced Departure (DED)-related EAD and also the benefits under the Special Student Relief notice.  

How does an F-1 student who has received a DED-related EAD then apply for authorization to take a reduced course load under this notice?

After obtaining a DED-related EAD, an F-1 Hong Kong student may demonstrate and provide documentation to the DSO of severe economic hardship as a direct result of the emergent circumstances in Hong Kong. The DSO will then verify and update the student's SEVIS record to enable the F-1 nonimmigrant student with DED to reduce their course load without any further action or application. No other EAD needs to be issued for the F-1 nonimmigrant student to have employment authorization.

Can a noncitizen who has been granted a DED-related EAD apply for reinstatement to F-1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant student status has lapsed?

Yes. A Hong Kong student who worked on a DED-related EAD or dropped their course load before publication of this notice is considered having fallen out of F-1 nonimmigrant status. However, this student may apply for reinstatement of status if the student can demonstrate that he or she is eligible for restatement.  Reinstatement has specific legal requirements. 

How long will this new policy remain in effect?

This new policy is effective on November 26, 2021 through February 5, 2023.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

E-Signatures Allowed for Form I-20

Starting November 1st, 2021, the Form I-20 can be signed and sent electronically.  The Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) is a document that proves that an F-1 foreign student is authorized to enroll in an academic program in the United States. 

For many years, the I-20 must be signed in wet ink and originals are generally required for international students to prove eligibility to study in the U.S.  The government has decided that it is time to change this practice now. COVID has changed the way we do many things.  The Student and Exchange Visitor Program (SEVP), the system that keeps the database of foreign students, issued a new policy guidance which allows the I-20 to be signed and transmitted electronically.  

The change in policy has made it easier for foreign students to obtain their I-20s from the School Desigated Officer (DSO).  SEVP requires the students to request and report any major changes to the school DSO through revisions of the I-20.  With this change, students do not have to wait for the original I-20s to be signed and delivered anymore. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)  

Visa interviews waived for certain F, M foreign students and J academic exchange visitors

The Biden Administration has further relaxed the visa requirements for international students, researchers, and academic exchange visitors.  On September 14, 2021, the U.S. State Department announced that, through the end of 2021, consular officers are authorized to waive the visa interviews for certain international academic visa applicants such as students, professors, research scholars, short-term scholars, or specialists.  

Visa interviews are waived for the following categories of visa applicants: 

• F, M, and academic J visa applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; 
• First-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility.  
• Applicants from non VWP countries whose prior visa was issued when they were less than 14 years of age, may need to submit biometric fingerprints, but can still be approved for an interview waiver.  

Previously, the State Department has already found F, M, and academic J visa applicants eligible for National Interest Exceptions (NIEs) under Presidential Proclamations that suspend entry of individuals present in one of the 33 countries ("regional ban"). International stutents therefore are not subject to the regional ban.  

Students seeking to apply for a new F-1 or M-1 visa must still apply through their local U.S. embassy or consulate.  The State Department emphasized that international students who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel.  For J-1 visa applicants, however, they must still contact the nearest embassy or consulate prior to travel to receive an NIE.

In March, the State Department already expanded the general interview waiver requirerment for nonimmigrant visas from 24 to 48 months.  That waiver, which is still in effect, was for applicants who were applying for a new visa in the same category of a previously approved visa. 

The announcement is definitely good news for international students or academic personnel who are trying to enter the U.S. before the new academic year begins in the fall.  However, how fast and how easy for individual applicants to obtain their visas still heavily depend on the resources, policies and response time of their local U.S. embassy or consulate.  For example, some consulates would allow the applicants to apply for a NIE beforehand while other consulates, such as Madrid, are requiring applicants to apply for NIEs at the same time as they apply for their visas. If the NIE request is denied, the underlying visa will also be denied.  Consequently, international visa applicants must find out the specific requirements and procedures of a particular US embassy or consulate before making any concrete plans.   

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)