Immigration Alert

Limited stateside H-1B visa renewal program relaunching

Anonymous — Tue, 16 Jan 2024 19:12:55 +0000

Limited stateside H-1B visa renewal program relaunching Anonymous (not verified) Tue, 01/16/2024 - 12:12

The U.S. Department of State (DOS) is relaunching the H-1B Domestic Renewal Pilot Program on January 29, 2024. DOS has released Frequently Asked Questions (FAQs) about the program on their website and an online tool to assist with determining eligibility to participate in the program.

A visa stamp in your passport is only required if you intend to depart the U.S. and reenter.

Frequently Asked Questions

Who is eligible to participate in the pilot?

H-1B applicants (not dependents in H-4 status) who:

Are seeking to renew an H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024; AND
Are renewing a prior H-1B visa issued by a U.S. embassy or consulate in Canada with an issuance date from January 1, 2020, through April 1, 2023, or by a U.S. embassy or consulate in India with an issuance date from February 1, 2021, through September 30, 2021; AND
Are not subject to a nonimmigrant visa issuance (reciprocity) fee; AND
Are eligible for an in-person interview waiver; AND
Have submitted ten fingerprints to DOS in connection with the prior visa application. See Question 27 here; AND
Prior visa does not have a “clearance received” annotation; AND
Do not have a visa ineligibility that would require a waiver prior to issuance (for example, a recent arrest or conviction of a crime); AND
Have an approved and unexpired H-1B petition, were most recently admitted to the U.S. in H-1B status, and are maintaining H-1B status in the US; AND
Period of admission in H-1B status has not expired; AND
Intend to reenter the U.S. in H-1B status after a temporary period abroad.

What is the application period for the pilot program?

DOS will begin accepting online applications for this pilot beginning on January 29, 2024.

Each week, DOS will release approximately 2,000 application slots for those whose most recent H-1B visa was issued in Canada and approximately 2,000 application slots for those whose most recent H-1B visa was issued in India.The dates of release will be as follows:

January 29, 2024
February 5, 2024
February 12, 2024
February 19, 2024
February 26, 2024

Once the weekly limits are reached for each mission the online application portal will be locked until the next date makes the next group available. The application process will close when all slots are filled, or on April 1, 2024, whichever is sooner.

What is the application process?

Submit an Application

To complete the application, applicants should:

Select the consular post of their most recent H-1B visa issuance (either Canada or India).
Answer a series of questions to determine their eligibility to participate in the pilot.
Complete and submit the electronic Form DS-160.
Pay a non-refundable, non-transferable Machine-Readable Visa (MRV) fee online.
Receive instructions through the online portal concerning how to send their passports and other required documents via the US Postal Service or another courier service to the DOS.

*If the DOS returns application because the applicant is unqualified, they will not refund the MRV fee will not be refunded in any case.

What documents must be provided?

Each applicant must provide the following:

A properly completed and electronically filed DS-160, Online Nonimmigrant Visa Application.
One photograph (taken within the last six months), which meets the specifications.
A passport valid for travel to the United States, which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of the visa stamp.
An original or copy of the applicant’s current Form I-797, H-1B Approval Notice.
An original or copy of the applicant’s I-94 Arrival-Departure Record.

Evidence of international travel plans are not required in the initial application filing; however, it may be requested by DOS at a later date.

How will the application be processed and adjudicated?

Applications will be considered in the order they are received. No status on the application will be provided other than returning of the application, or issuance or refusal of the visa.

Check Your Application Status

According to DOS, the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS and they intend to complete processing of all applications by no later than May 1, 2024.

No requests for expedited processing will be accepted.

What happens when the visa is issued?

Issued visas, passports, and documents submitted will be returned to the applicant via USPS or a courier service.

What happens if the application is returned or the visa refused?

DOS will return without adjudication any application that is not within the scope of the pilot program. DOS will not refund the MRV fee in these situations.

If an application is accepted for adjudication but subsequently found to be ineligible, the applicant will have to apply for the visa stamp at a US embassy or consulate outside of the US.

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New, Improved USCIS Online Change of Address Tool

Anonymous — Mon, 16 Oct 2023 21:57:02 +0000

New, Improved USCIS Online Change of Address Tool Anonymous (not verified) Mon, 10/16/2023 - 15:57

U.S. Citizen and Immigration Services (USCIS) has announced a new online self-service Change of Address Tool that allows applicants with pending applications and petitions to update their address with USCIS more easily. According to a recent USCIS announcement, the Enterprise Change of Address (E-COA) tool “will significantly improve the speed and efficiency of the process for USCIS customers to update their address with USCIS.”

Using E-COA, most individuals who have a USCIS online account can conveniently update their mailing and physical addresses for pending applications, petitions, or requests in one central location. This eliminates the need to make USCIS address updates in multiple locations: completing a paper AR-11, Alien’s Change of Address Card, or reaching out to the Contact Center.

If you have a pending application with USCIS, please update your address using the new E-COA system in your USCIS online accountas soon as possible. This will ensure that important documents (e.g., receipt notices, EAD cards) will be mailed to your new address.
Even if you do not have a pending application, all noncitizens should report a change of address to USCIS within 10 days of moving.

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Potential U.S. Government Shutdown

Anonymous — Tue, 26 Sep 2023 16:47:51 +0000

Potential U.S. Government Shutdown Anonymous (not verified) Tue, 09/26/2023 - 10:47

When the U.S. government has shut down temporarily in the past, the impact on the services provided by the U.S. Citizenship and Immigration Services (USCIS) has been minimal. This is because the USCIS charges fees directly for their services. ISSS expects that the USCIS will continue to process immigration applications (including those for Optional Practical Training work permits) as normal. Applications to sponsor employees for future H-1B visa status or to extend their current H-1B status will likely be impacted by any government shutdown as that process involves the U.S. Department of Labor which is not a fee-based agency. Please reach out to ISSS if you have any questions. We are here to help.

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End of the COVID-19 Vaccine Requirements for Federal Employees, Federal Contractors, and International Air Travelers

Anonymous — Thu, 04 May 2023 17:39:00 +0000

End of the COVID-19 Vaccine Requirements for Federal Employees, Federal Contractors, and International Air Travelers Anonymous (not verified) Thu, 05/04/2023 - 11:39

The Biden-Harris Administration announced the end the COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers effective at the end of the day on May 11, the same day that the COVID-19 public health emergency ends.

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Recent U.S. Supreme Court Decision on Abortion

Anonymous — Tue, 28 Jun 2022 20:30:47 +0000

Recent U.S. Supreme Court Decision on Abortion Anonymous (not verified) Tue, 06/28/2022 - 14:30

On Friday, June 24, 2022, the U.S. Supreme Court made an important decision regarding abortion.

While there is not a federal law prohibiting abortion, the university and ISSS understand the profound effects that this decision has on our campus community, including international students and scholars. We encourage you to read the chancellor’s response to the decision here.

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Biden Administration Halts Covid-19 Test Requirement for Air Travelers to U.S.

Anonymous — Fri, 10 Jun 2022 18:55:55 +0000

Biden Administration Halts Covid-19 Test Requirement for Air Travelers to U.S. Anonymous (not verified) Fri, 06/10/2022 - 12:55

On June 10, 2022 the Center for Disease Control (CDC) announced the recension of the Biden administration order requiring a negative COVID-19 test for air travelers coming into the United States. This requirement had been in place since early 2021. Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky issued a four-page order lifting the mandate stating it is "not currently necessary." U.S. Department of Health and Human Services Secretary Xavier Becerra said the CDC decision is based on science and available data, and said the agency "will not hesitate to reinstate a pre-departure testing requirement, if needed later."

Effective June 12, 2022 at 12:01 a.m. ET., air passengers no longer need to get tested and show the COVID-19 test result or documentation of recovery from COVID-19 prior to boarding a flight to the U.S.

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RESCINDED: Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe

Anonymous — Tue, 28 Dec 2021 23:25:56 +0000

RESCINDED: Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe Anonymous (not verified) Tue, 12/28/2021 - 16:25

On December 28, 2021, President Biden released a presidential proclamation which eliminated temporary COVID-19 restrictions on entering the U.S. after travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe.

The COVID-19 vaccination entry requirements and testing restrictions, effective November 8, 2021, are still in place.

See this ISSS Frequently Asked Questions (FAQ) webpage for details about this current restriction.

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November 29, 2021: Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe

Anonymous — Mon, 29 Nov 2021 21:17:53 +0000

November 29, 2021: Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe Anonymous (not verified) Mon, 11/29/2021 - 14:17

Updated Jan 3, 2022: This restriction has now been rescinded.

See Updated Article

On November 26, the federal Health and Human Services classified a new COVID-19 variant Omicron as a Variant of Concern.

Under a presidential proclamation issued November 26, the following restriction took effect at 12:01 a.m. (EST) on Monday, November 29 and applies to individuals who have recently traveled to Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, or Zimbabwe and wish to enter the United States:

Foreign nationals (not a U.S. citizen or U.S. permanent resident) – other than immediate family members of U.S. citizens and permanent residents and few other very limited exceptions – who have traveled to one of these countries within the last 14 days will be denied entry into the United States. The presidential proclamation describes who may qualify as an immediate family member of a U.S. citizen or permanent resident or under the other very limited exceptions.

Currently, no exception exists for foreign nationals wishing to enter the United States on F-1, J-1, or H-1B visas.

The worldwide COVID-19 vaccination requirement under the presidential proclamation issued October 25 remains in effect. Please see the previous ISSS Immigration Alert for more information on the worldwide COVID-19 vaccination requirement for entry into the United States.

These restrictions will remain in effect until the president terminates them.

Travel Plans

Please keep these new requirements in mind if you plan on departing the United States and/or intend on returning to the United States. Also, please bear in mind that entry requirements for the United States and other countries are subject to change based upon the global pandemic situation.

Reaching Out

We understand that these may be stressful times for international students and scholars given the many uncertainties caused by the pandemic. CU Boulder can assist you to navigate any challenges. Campus resources include the Office of Victim Assistance (OVA), 303-492-8855, which offers 24/7 phone support for students, babyֱ��app and staff; Counseling and Psychiatric Services (CAPS), 303-492-2277, which offers 24/7 phone support for students; and the Faculty and Staff Assistance Program (FSAP), 303-492-3020, which offers support for babyֱ��app and staff.

International Student & Scholar Services (ISSS) is here to support the international campus community. Please feel free to make an appointment for an ISSS Zoom Advising session, drop by for in person advising at the ISSS office, or reach out to us by email.

We are glad that you have chosen to be a part of the CU Boulder community. We are here to support you so please reach out to us if you need anything.

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SEVP Policy Guidance: Use of Electronic Signatures and Transmission for the Form I-20

Anonymous — Tue, 02 Nov 2021 20:53:56 +0000

SEVP Policy Guidance: Use of Electronic Signatures and Transmission for the Form I-20 Anonymous (not verified) Tue, 11/02/2021 - 14:53

On Nov.1, 2021, the Student and Exchange Visitor Program (SEVP) published SEVP Policy Guidance: Use of Electronic Signatures and Transmission for the Form I-20.

This guidance formalizes flexibility granted during the COVID-19 pandemic and permits designated school officials (DSOs) permission to continue to electronically sign and transmit the Form I-20 to initial and continuing students and their dependents indefinitiely. This includes the DSO signature in the School Attestation section of the I-20 (p. 1) as well as the Travel Endorsement section of your I-20 (p. 2).
Students must still print the dcoument and physically sign (wet ink signature) in the Student Attestation section of the I-20 (p.1) to comply with Customs and Border Protection (CBP) requirements.

SEVP coordinated with its government partners within the U.S. Department of Homeland Security, U.S. Department of State and U.S. Social Security Administration to ensure continued acceptance of electronically signed Forms I-20.

If you encounter an issue with a government partner accepting an electronically signed Form I-20, contact ISSS.

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COVID-19 Vaccination Entry Requirements & Testing

Anonymous — Mon, 01 Nov 2021 16:26:19 +0000

COVID-19 Vaccination Entry Requirements & Testing Anonymous (not verified) Mon, 11/01/2021 - 10:26

On October 25, 2021, President Biden released a presidential proclamation which eliminated COVID-19 entry restrictions for air travel based upon the departure country and replaces them with a worldwide COVID-19 vaccination requirement with limited exceptions.

The Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe was RESCINDEDon December 28, 2021.

See the Frequently Asked Questions (FAQ) below for details about this new restriction. Please note that FAQs are based on the currently available information in and related to the proclamation.

Frequently Asked Questions

When does the new presidential proclamation become effective?

The effective date for the presidential proclamation is November 8 at 12:01 a.m. (EST).

For how long is the presidential proclamation in effect?

The presidential proclamation will remain in effect until the president terminates it.

To whom does the presidential proclamation apply?

The vaccination requirement applies to any foreign national entering the United States on a nonimmigrant visa (e.g. student, Exchange Visitor, and employment visas) via air travel. The presidential proclamation does not apply to U.S. citizens, U.S. permanent residents, and foreign nationals entering on an immigrant (“green card”) visa.

Are there any exceptions to this presidential proclamation?

Yes. Limited exceptions to the requirement are detailed in the presidential proclamation and, the Centers for Disease Control and Prevention (CDC) order, the White House Fact Sheet, and the Frequently Asked Questions (FAQs) published by the U.S. Department of State as well as the FAQs published by the CDC.

Does the new COVID-19 vaccination requirement mean that an international student and scholar must leave the United States and/or demonstrate proof of having received the COVID-19 vaccine to remain in the United States?

No. The new restriction does not require anyone in the United States to depart. The restrictions do not affect the immigration status for those who are already present in the United States. The U.S. government will not ask them to leave the country as long as they maintain their current immigration status. The presidential proclamation does not require individuals already in the United States to obtain a COVID-19 vaccination or provide proof of one to maintain their immigration status.

Does the presidential proclamation impact visa issuance?

No, the presidential proclamation does not impact visa issuance. It applies to entry to the U.S. via air travel.

Prior to boarding a plane to travel to the United States, do I still need a negative COVID-19 test or proof of recent recovery from COVID-19 if I have received the COVID-19 vaccine?

Yes, both fully vaccinated and not fully vaccinated individuals entering the United States by air travel must have a negative COVID-19 viral test. The CDC website provides additional details about the testing requirement. As of December 6, 2021 at 12:01 a.m. (EST), all air passengers to the United States must have a negative COVID-19 viral test taken no more than 1 day before travel or have documentation that they have recovered from COVID-19 in the past 90 days, before boarding their flight.

Which COVID-19 vaccinations will be accepted for entry into the United States and what documents will be accepted as proof of vaccination?

The CDC FAQs website lists the acceptable COVID-19 vaccinations as well as what documents (electronic and/or print) will be accepted as official proof of vaccination.

What if I am unable to obtain a COVID-19 vaccination prior to flying to the United States because of limited availability of the vaccine in my country of citizenship (i.e. the country that issued the passport that I will use to enter the United States)?

The CDC website lists the countries which the CDC considers as having limited COVID-19 vaccine availability and how to apply for an exception to the requirement on this basis.

Travel Plans

Please keep these new requirements in mind if you plan on departing the United States and/or intend on returning to the United States. Also, please bear in mind that entry requirements are subject to change based upon the global pandemic situation.

Reaching Out

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