Please note that this chart is not exhaustive and is solely intended to provide a general overview of some of the major executive, legislative, and regulatory changes affecting the international population. Readers may not understand all of the points in the “highlights” column. Please contact the International Admissions Office, 503-491-7165, with questions about the new policies.
|
Title |
Status |
Highlights |
| Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 |
Legislation
Signed into law by President Bush on October 25, 2001(in effect now) |
- The statute contains several important immigration-related provisions.
- Section 416 especially pertains to institutions of higher education.
|
| Documentation of Nonimmigrants Under the Immigration & Nationality Act, as Amended: Automatic Visa Revalidation |
Interim Final
Rule Department of StateMarch 7, 2002(in effect now) |
- Amends the provision for automatic revalidation of expired visas for nonimmigrant aliens returning from short visits to other North American countries or adjacent islands to exclude from its benefits aliens who apply for new visas during such visits and aliens who are nationals of countries identified as state sponsors of terrorism.
|
| Requiring Change of Status from B to F-1 or M-1 Nonimmigrant Prior to Pursuing a Course of Study |
Interim Final Rule
INS April 12, 2002(in effect now) |
- B-1/B-2 cannot enroll in school until change of status to F-1 is approved.
- Field memo allows for casual short-term classes (e.g., one English or crafts class).
- Those who entered prior to April 12, 2002 are not subject to rule.
|
| Limiting the Period of Admission for B Nonimmigrant Aliens |
Proposed Rule INSApril 12, 2002 (not yet in effect) |
- Admission to the U.S. routinely limited to 30 days, unless the individual provides evidence explaining why more time is needed (maximum admission is 6 months).
- Extensions of stay are limited to “unexpected events” and “compelling humanitarian reasons.”
- All prospective students, including Canadians, must declare this at the port of entry and have the I-94 Arrival/Departure Record marked accordingly.
- If in U.S. over 30 days, must comply with AR-11 requirements.
- If an individual files an extension, he/she must leave U.S. at the end of the period requested, even if INS has not replied.
|
| Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System |
Proposed Rule Department of Labor May 6, 2002 (not in effect yet) |
- The Department of Labor is proposing to amend its regulations governing the filing and processing of labor certification applications for the permanent employment of aliens in the United States to implement a new system for filing and processing such applications. The proposed rule would also amend the regulations governing the employer’s wage obligation under the H–1B program.
|
| Interagency Panel for Science and Security (IPASS) |
Presidential Directive
May 7, 2002 |
- President Bush announced plans to create a federal panel called the Interagency Panel for Science and Security (IPASS) to scrutinize applicants for student or exchange visitor visas who want to study or conduct research in certain sensitive science and technology fields that are “uniquely available” in the United States.
|
| Enhanced Border Security and Visa Entry Reform Act(Pub.L. 107-173, H.R. 3525, H.R. 1885) |
Legislation
Signed into law by President Bush on May 14, 2002 (some provisions in effect now; others will not go into effect until September 11, 2002; no regulations at this time) |
- Department of State (DOS) must have electronic evidence from institution prior to issuing F, J, or M student visa (effective 09/11/2002 and will remain in effect until SEVIS is fully operational).
- Applicants must provide additional background information (effective 09/11/2002 and will remain in effect until SEVIS is fully operational).
- INS notifies institution when F, J, or M nonimmigrant enters U.S. (effective 09/11/2002 and will remain in effect until SEVIS is fully operational).
- Within 30 days after deadline to register for classes, institution must notify INS of any individuals reported above who did not register for classes (effective 09/11/2002 and will remain in effect until SEVIS is fully operational).
|
| Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS) |
Proposed Rule INS May 16, 2002 (not yet in effect) |
- Establishes regulations regarding the implementation and operation of SEVIS –the computerized tracking system to monitor F, J, and M nonimmigrants.
- Restricts DSO discretion regarding reduced course load.
- Narrows, almost eliminates, reinstatement as an option.
- OPT – must apply before completion of study; can have OPT after second degree if higher level; can include study abroad time towards nine-month in status.
- Impose an “advance grace period” to allow entry only 30 days before classes begin.
- Prohibits F-2 nonimmigrants from full-time study at post-secondary level.
- Requires student who interrupts study to leave immediately with no grace period.
|
| Academic Honorarium for B Nonimmigrant Aliens |
Proposed Rule
INS May 30, 2002 (not in effect yet |
- Amends INS regulation relating to the acceptance of academic honoraria by nonimmigrant aliens admitted to the United States as B visitors.
- This is necessary to implement changes to Section 212 of the Immigration & Nationality Act made by the American Competitiveness & Workforce Improvement Act of 1998( ACWIA).
|
| New Cabinet-Level Department of Homeland Security (H.R. 5005) |
Presidential Proposal
June 6, 2002
(not yet in effect)
Legislation
Introduced in Congress on June 24, 2002
(not yet in effect) |
- On June 6, 2002, President Bush announced his proposal for the development of a new Cabinet-level Department of Homeland Security. The proposal would move the U.S. Immigration & Naturalization Service from the Department of Justice into this new Department. It would also move the visa issuance functions of the Department of State into this new Department. Housing these important functions within a Department whose overall goal is enforcement and security (as opposed to adjudications and service) may lead to major shifts in policy and practice.
- On June 24, 2002, House Majority Leader Dick Armey (R-TX) introduced the Bush Administration’s plan to establish the new Department (H.R. 5005).
|
| Initiatives to Strengthen the Integrity of the Social Security System |
Policy Change
Social Security Administration Press Release June 26, 2002 (in effect now) |
- The Social Security Administration (SSA) is no longer issuing a Social Security Number (SSN) and card to non-citizens for the sole purpose of applying for a driver’s license (March 2002).
- The SSA is verifying with the Immigration and Naturalization Service (INS) all immigration documents for non-citizens requesting a SSN (July 2002).
- These changes may result in a delay in the receipt of Social Security Numbers for some non-citizens.
|
| Participation in the Exchange Visitor Program as Professor and Research Scholar |
Proposed Rule Department of State June 27, 2002
(not yet in effect) |
- Proposes to amend existing regulatory provisions under the J-1 Professor and Research Scholar category to permit a maximum duration of program participation of five years.
- Extensions beyond the five-year maximum will not be allowed.
- No individual who has been afforded a five-year period of program participation as a professor or research scholar will be eligible for repeat participation in the Professor or Research Scholar category for a period of two years from the end date of his/her program.
|
| Allowing Eligible Schools to Apply for Preliminary Enrollment in the Student & Exchange Visitor Information System (SEVIS) |
Interim Rule
INS July 1, 2002
(in effect now) |
- This rule allows eligible schools to preliminarily enroll in SEVIS, beginning on July 1, 2002, provided they meet the established criteria.
- The rule establishes a review process for all currently approved schools, including a SEVIS certification fee associated with this review.
- Prior to May 14, 2004, this periodic review will require an on-site visit to help determine whether a school is in compliance with various record-keeping and reporting requirements.
|
| Address Notification To Be Filed With Designated Applications |
Proposed Rule
INS July 26, 2002
(not in effect yet) |
- This proposed rule would clarify certain aspects of an alien’s existing responsibilities to provide an accurate address to INS, and to notify INS of a new address within 10 days of an address change.
|
| Registration and Monitoring of Certain Nonimmigrants |
Final Rule
Department of Justice April 12, 2002
( most provisions will be in effect as of September 11, 2002; others will be in effect as of October 1, 2002) |
- Currently, nonimmigrants from Iran, Iraq, Libya, and Sudan are subject to special fingerprinting and photographing.
- Allows Attorney General to publish a list in Federal Register of other affected countries as necessary.
- Must report to INS in person to confirm registration information at various times.
- Upon departure from the U.S., must go through a designated airport to be seen by a Departure Control Officer.
|
| Reduced Course Load for Certain F and M Nonimmigrant Students in Border Communities |
Interim Final Rule
INS
August 27, 2002
(in effect now |
- This rule clarifies that Mexican or Canadian nationals who reside outside the United States and regularly commute across a land border to study may do so on a part-time basis within the F-1 or M-1 nonimmigrant visa category, provided they attend an INS-approved school that is located no more than 75 miles from the border.
- These changes are being made to facilitate and legitimize certain part-time study in border communities while ensuring that all applicable requirements and safeguards are met.
|
| Registration and Monitoring of Certain Nonimmigrants from Designated Countries |
Notice
Department of Justice September 6, 2002
(in effect as of September 11, 2002) |
- Officially designates Iran, Iraq, Libya, Sudan and Syria as countries whose nationals and citizens are subject to the special registration requirements of the Final Regulation that was published in the Federal Register on August 12, 2002 (see two rows above).
- Arriving nonimmigrants who are citizens ore nationals of those countries will be required to be fingerprinted and photographed upon arrival in the U.S., and to comply with the 30-day in-person registration, annual registration, and departure control requirements fo the August 12, 2002 regulations.
- The Notice does no appear to subject individuals from those countries who are already in the U.S. to the registration requirements.
- No details are provided as to how or where the various steps of the special registration are to take place.
|
| Visas: Documentation of Nonimmigrants Under the Immigration & Nationality Act, as Amended: Transitional Foreign Student Monitoring Program |
Interim Final Rule
Department of State September 18, 2002
(in effect now) |
- As of Wednesday, September 11, 2002, no F, M or J visa may be issued unless sponsoring institutions provide consular officers with electronic notification that the visa applicant has been accepted to the educational institution or exchange visitor program, as per section 501(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002.
- The Department of State (DOS) has developed a Web-based program known as ISEAS (Interim Student and Exchange (Visitor) Authentication System) for schools and exchange program sponsors to provide the required notification.
|
