Global Education Office

On December 31, 2021, President Trump extended executive orders (EOs) previously issued in April 2020 and June 2020 that restrict travel to the US by individuals who are (1) outside the US and who (2) need to obtain H0-1B visa stamps or immigrant visa stamps from a US consulate in order to travel to the US.

The restrictions may not be retained by the incoming Biden administration, but it is not clear if or when they would be lifted. The EOs also affect some J-1 visas and H-2B and L-1 visas. The J-1 visas affected by the EOs are not the kind of J-1 visa that VCU sponsors. VCU does not sponsor H-2B or L-1 visas.

If you have questions about this information, please send an email to GEOIS@vcu.edu.

On October 21, 2020, US Citizenship and Immigration Services (USCIS, an agency of the US Department of Homeland Security, or DHS) announced plans for enhanced scrutiny of applications (including approved applications) for Optional Practical Training (OPT) and STEM OPT to ensure that applicants are employed in positions related to their major field of study.

OPT provides US employment authorization for F-1 visa students. The most common form of OPT is post-completion OPT for use after a student completes their degree. Students in all majors are eligible for 12 months of post-completion OPT. Students in STEM majors are eligible for an additional 24 months of post-completion OPT (STEM OPT).

When USCIS approves a student’s OPT or STEM OPT application, they issue an Employment Authorization Document (EAD, or “work card”) to the student, which can be used to authorize employment in the US for a specified period of time.

Post-completion OPT regulations require that graduated students be employed in the US in positions related to their major field of study. Penalties for failing to comply with OPT regulations include immediate cancellation of the EAD issued for OPT or STEM OPT; denial of a subsequent OPT (STEM OPT) application; and, in extreme cases, prosecution for fraud.

USCIS announced that it has so far identified 1,100+ students nationally who had violated the OPT regulations and that these students’ EAD would either be cancelled or their STEM OPT applications denied. USCIS will be informing affected students directly. USCIS also announced that they have arrested 15 students on suspicion of fraud.

GEO is monitoring the situation closely and will provide further information to the university community. If you have questions or concerns about USCIS’ action, please send an email to GEOIS@vcu.edu

On Friday, September 25, 2020, the US Department of Homeland Security (DHS) announced a proposed rule to replace the current "duration of status" (commonly abbreviated as D/S; students can stay as long as they maintain nonimmigrant student status--an open date contingent on other factors) with a fixed period of stay.

Under the DHS proposal:

• F and J visa holders would be admitted to the US for a specific amount of time indicated by the program end date noted on their I-20 or DS-2019 plus a period of 30 days following their program end date.
  
  
• F and J visa holders could request an extension of stay, and all requests for F and J extensions would need to be approved by DHS agencies (either CBP or USCIS) and not through school officials, as is the current procedure.

This proposal has not been finalized or implemented. If implemented, the plan will take effect after a period of public comment submitted to DHS plus the time required for DHS to review the comments and make changes. It is not clear if or when the proposal will become effective.

GEO is monitoring developments. VCU is committed to international students, and will advocate for regulations that advance international education.