U.S. Immigration Policy & Regulatory Updates

The U.S. Department of State (DOS) announced changes to its policies on eligibility for waivers of the in-person visa interview requirement. This means that, moving forward, in order to qualify for the interview waiver (IW) program and forgo an in-person interview at a U.S. consulate, a nonimmigrant visa (NIV) applicant must meet the following criteria, in addition to other general program requirements:

• Be applying for a visa in the same NIV classification as their prior visa; and
• Prior visa must have expired within the last 12 months or still be valid.

This marks a shift from the previous policy, which allowed interview waivers for applicants whose prior visa had expired within the past 48 months.

Georgetown students and scholars who do not meet this narrower standard for an interview waiver should plan to appear for an in-person interview at a U.S. consulate abroad to obtain their next visa. This may require careful advance travel planning, as the availability of in-person visa appointments varies widely depending on consular post and visa type, and the new IW eligibility criteria are expected to increase appointment wait times for in-person appointments.  Georgetown students and scholars should anticipate decreased appointment availability at U.S. consular posts that offer interview waivers as these posts absorb an increased volume of in-person interviews in the coming weeks and months.

It is not known how U.S. consular posts will treat visa applications that are currently pending for adjudication under the IW program and are outside of the new, narrower program criteria noted above.  We encourage Georgetown students and scholars to check their embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services. 

The Office of Global Services (OGS) has shared important reminders and considerations for currently enrolled F-1/J-1 students planning international travel and reentry over the Spring Break. 

The Office of Global Services (OGS) has shared important reminders and considerations for Georgetown sponsored international scholars planning international travel and reentry during the Spring semester. 

The Office of Global Services (OGS) has shared important reminders and considerations for group leaders and program administrators planning to travel internationally with students during the Spring semester.

Executive Order: Additional Measures to Combat Anti-Semitism and related Fact Sheet:

As part of an executive order addressing anti-semitism, the administration references federal law 8 U.S.C. 1182(a)(3), which sets forth grounds for denying visas to individuals for specific reasons including security related grounds, such as “endorsing terrorist activity,” or “supporting terrorist groups.”  The related Fact Sheet, which does not carry the force of law, references “cancel[ing] the student visas of all Hamas sympathizers on college campuses.”  We remind Georgetown community members of Georgetown’s guidance for responding to federal or state officials seeking information about students. OGS reminds students that they can meet with an IS advisor if they have any questions or concerns about maintaining compliance with immigration laws while on their Georgetown-sponsored visa.

Acting Department of Homeland Security Secretary Benjamine Huffman rescinded a 2021 memo that had restricted immigration enforcement in “protected areas,” such as K-12 schools, colleges and universities, churches, and hospitals.  We remind Georgetown community members of Georgetown’s guidance for responding to federal or state officials seeking information about students.

Read more: Statement from a DHS Spokesperson on Directives Expanding Law Enforcement and Ending the Abuse of Humanitarian Parole

President Trump has issued an executive order requiring enhanced security screening and vetting of foreign nationals applying for U.S. visas, entry into the United States, or U.S. immigration benefits. Under the order, the Secretary of State, working with the Departments of Homeland Security and Justice, and the Director of National Intelligence, must establish screening and vetting standards and procedures for applicants for visas and immigration benefits, consistent with those in effect during the first Trump Administration, and must ensure that such individuals are vetted and screened “to the maximum degree possible,” particularly those individuals coming from countries or regions with identified security risks. Foreign nationals applying for visas and other immigration benefits should expect to see more intensive screening, and potential delays, almost immediately.

Key updates to this change include – Ionger cap-gap for students changing status (inside the U.S.) from F-1 to H-1B; and flexibility on H-1B start date and specialty occupation.  

More detailed information: Final H-1B Modernization Rule Slated to Take Effect January 17.

On December 9, 2024, the U.S. Department of State published a regulation updating the Exchange Visitor Skills List (“Skills List”), which removed 37 countries from the list. Some of the countries removed from the list include Argentina, Bangladesh, Brazil, Chile, China, Colombia, Costa Rica, India, Kazakhstan, Paraguay, Peru, Romania, South Africa, South Korea, Thailand, and Turkey.

The impact is that individuals from removed countries who were previously subject to the J-1 two-year home residency requirement based on the previous Skills List are no longer considered subject to this requirement for that reason.  

Usually, the Consular Officer indicates in the box on the bottom left-hand corner of the initial DS-2019 form whether or not someone is subject to this requirement and the reason why. If an Exchange Visitor was previously marked subject to the two-year rule based on the Skills List on their DS-2019 form and they are from one of the removed countries, they no longer need to comply with this requirement or receive a waiver of it to be able to change their status in the United States. For many, this will be very good news.

Please note that individuals who have received direct government funding will continue to be considered subject to the two-year home residency requirement, and this change does not affect them.

The OGS International Student Services team has shared important reminders and considerations for F-1/J-1 students and alumni planning international travel and reentry during the upcoming holiday season. Please review the relevant information by clicking on the appropriate link below:

• December 6, 2024 email communication to currently enrolled F-1 students
• December 6, 2024 email communication to F-1 alumni on OPT/STEM OPT
• December 6, 2024 email communication to J-1 students and alumni

The OGS Scholar Team has shared important reminders and considerations for Georgetown sponsored international scholars planning international travel and reentry over the winter break. Link to read the email communication.

President Biden announced the termination of the Coronavirus Disease (COVID-19) Public Health Emergency, effective on May 11, 2023, following the termination of the COVID-19 National Emergency on April 10, 2023. Please refer to the Frequently Asked Questions for SEVP Stakeholders Post-COVID-19 for specific information regarding the end of SEVP’s COVID-19 guidance for certified schools.

SEVP originally published its COVID-19 flexibilities to accommodate the national emergencies as they pertained to SEVP-certified schools and nonimmigrant students, including restrictions and disruptions to travel and changes in teaching methods at the time. The flexibilities were always intended as a temporary measure to allow nonimmigrant students to continue their studies with the least disruptions as possible and did not signify or result in a permanent change to the regulations.

Effective June 1, 2020, and until terminated by the President, Proclamation 10043 suspends “entry into the United States as a nonimmigrant of any national of the PRC [People’s Republic of China] seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States, except for a student seeking to pursue undergraduate study,” and who either:

• Currently “receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of […] an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’,” or
• In the past “has been employed by, studied at, or conducted research at or on behalf of […] an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’.”

Precise determinations about what connections constitute support of the PRC’s “military-civil fusion strategy” is decided by the U.S. Department of State, which determines visa eligibility, and the U.S. Department of Homeland Security, which determines U.S. admissibility; academic institutions are not involved. A decision of inadmissibility under P10043 cannot be appealed. The full proclamation is available in the U.S. Federal Register.