Immigration Update from the International Scholars Office

Ongoing developments, new guidance and U.S. agency clarification are coming out frequently. This update is based on the most current information available at this time.

MIT Fall 2020 Visitor Guidance

The Fall 2020 Policy Regarding Visitors to Campus and the Research Visitor Guidelines were posted on July 27, 2020. There is a message to DLCs from the International Scholars Office, regarding the handling of requests for international visitor visas.

U.S. Embassy and Consulate Services Resuming Gradually

U.S. Dept. of State is phasing in consular operations for nonimmigrant visas. Scholars should contact the U.S. Consulate in their area to find out if visa appointments are available. If a scholar has a consular appointment, and it gets postponed or changed, please notify the ISchO.

U.S. Extends Northern and Southern Border Closure

The U.S. Secretary of Homeland Security has extended until August 20, 2020 the temporary limit on the travel of individuals from Canada and Mexico into the United States at land ports of entry along the United States border. Travel is limited to “essential travel,” which may include certain MIT employees. Please consult the ISchO for advice and assistance for returning MIT employees.

USCIS Announces Application Fee Adjustments

On August 3, 2020, Department of Homeland Security published a final rule that raises USCIS application fees for certain immigration petitions and reduces others. The reason stated is that USCIS is fee funded and fees collected account for 97% of USCIS’ budget. The fee increases will take effect 60 days after publications of the rule.

The fee changes will impact the DLCs requesting H-1B, O-1 and permanent residence sponsorship for MIT employees, their family members applying for derivative status, and foreign nationals applying for employment authorization documents (EADs), such as students applying for practical training and STEM practical training, J-2 spouses, applicants for adjustment of status, and others. The application fee for an H-1 petition will rise from $460 to $555. The application fee for an O-1 petition will rise to from $460 to $705. The fee for an I-140 petition for permanent residence will be decline by $145 to $555. The premium processing fee will not change ($1440). Students applying for work authorization based on post-completion Practical Training (OPT) and for STEM extensions of OPT will pay $140 more ($550), as will any applicants for permanent residence who want to apply individually for employment authorization cards.

Travel Restrictions Still in Effect

  • Schengen Region, the UK and Ireland

    This particular travel restriction now includes the possibility to seek National Interest Exceptions for MIT J-1, H-1B, and O-1 scholars. Please consult with an ISchO Advisor to discuss.

  • Iran, Brazil, and China

    Travel restrictions for Iran, Brazil and China are still in effect. However, these particular travel restrictions now include the possibility to seek National Interest Exceptions for MIT J-1, H-1B, and O-1 scholars. Please consult with an ISchO Advisor to discuss.

  • Suspension of Entry to the US by Individuals Connected to an Entity That Implements or Supports the Government of China’s “military-civil fusion strategy.”

  • January 2020 Expansion of 2017 Travel Bans (13 Countries: Iran, Syria, Libya, Sudan, Somalia, Yemen, Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania, and North Korea).

 

The U.S. Consulate in Chengdu closed on July 27, 2020*

Visa services will not be available at the Chengdu Consulate until further notice. Visa appointments should be made at another U.S. Consulate in China. *Link provided leads to a summary on a non-government website.

Exceptions to the Presidential Proclamation Suspending Issuance of H-1B Visas

The Presidential Proclamation of June 24, 2020, suspended issuance of H-1B and other visa categories. A summary can be seen here. Based on this Proclamation, U.S. Consulates abroad have suspended issuance of initial H-1B and other visa categories. However, under a recent clarification from the U.S. Dept. of State limited exceptions to the suspension of visas may be possible. The list includes a National Interest Exception for H-1Bs (and derivative H-4 family members). Please consult the ISchO for details and assistance.

USCIS Processing Delays/Backlogs – Permanent Resident Card and Employment Authorization Documents (EADs)

USCIS is experiencing a backlog in Permanent Resident Card and EAD processing. Alternate proof of permanent resident status, such as a USCIS approval notice may be acceptable for certain purposes. Please consult the ISchO for details, especially before traveling outside the U.S.

The EAD processing delay affects the following individuals awaiting their work authorization cards: J-2 family members of J-1 Exchange Visitors, F-1 students with Optional Practical Training, F-1 Students with STEM OPT extensions, some applicants for U.S. permanent residence, H-4 family members of H-1B specialty workers who have permanent residence pending, and others.

Immigrant Visa Suspension

An April 2020 Presidential Proclamation suspended entry of certain new immigrants [link TBA web.mit.edu/scholars/news/index.html#immigrationupdates12] who do not already have an approved immigrant visa for U.S. permanent residence. In June 2020, the President extended to December 31, 2020 the suspension on entry to the U.S. of certain nonimmigrants and immigrants, including these same new immigrants. There is an option to seek an exception, if the immigrant visa applicant can establish eligibility for a National Interest Exception.

U.S. Department of Homeland Security Guidance Regarding International Students for Fall 2020 Semester

For information relevant to international students, please see the MIT ISO Major Immigration Updates page.