The Department of State (DOS) Office of Private Sector Exchange recently conducted a survey of exchange visitors in the College and University Student category as part of the College and University Student category review. Join DOS representatives for a discussion of the results in a NAFSA Government Connection online event on August 1, from 2:00 pm to 3:00 pm (eastern). Participation is free, but you must pre-register.

In a July 1, 2019 decision, the U.S. District Court for the District of Columbia found that DHS's 2016 STEM OPT rulemaking also had the legal effect of reopening the legacy INS 12-month post-completion OPT regulation that had been finalized in 1992. This means that the Court no longer considers a challenge to DHS's statutory authority to implement standard post-completion OPT to be outside the statute of limitations, and that the WashTech plaintiffs can challenge DHS's underlying statutory authority to establish not only STEM OPT but standard post-completion OPT as well. In its decision, the Court did not determine that DHS does not have such authority, but rather that it will consider the parties' arguments for and against that authority. NAFSA is engaged on the issue with other higher education and industry groups.

Topics discussed included the new FLAG system, PWD processing times, ACWIA occupational codes in O*NET, documentation to support an employer-provided wage survey, supervised recruitment in special handling cases, and PERM sponsorship notification email delays.

New SEVP Policy Guidance is directed to the practice of releasing I-20s to "recruiters," but its language reaches more broadly than that.

On May 31, 2019, the Government Accountability Office (GAO) agreed to review the backlog of immigration cases at USCIS, following a request from the Congressional Hispanic Caucus (CHC) and House Democrats.

Beginning June 10, 2019, OFLC will accept online submissions of the Application for Prevailing Wage Determination (Form ETA-9141) only through its new FLAG System (Foreign Labor Application Gateway).

The Department of State (DOS) has added a "social media" question to Form DS-160, the standard online application used by individuals to apply for a nonimmigrant visa. The item requires applicants to use a drop-down list to indicate the social media platforms that they have used during the five years preceding their visa application, and to provide any identifiers or handles they used on those platforms. DOS also added a similar item to the Form DS-260 immigrant visa application.

The final SEVIS fee rule becomes effective on June 24, 2019. It will raises the I-901 SEVIS fee paid by F-1 and M-1 students and J-1 exchange visitors, raise the initial school certification fee that SEVP charges new F and M schools, and add a new $1250 fee for F and M school recertification, among other changes.

On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.

In March 2019 the Social Security Administration (SSA) resumed sending EDCOR notices, commonly known as "no-match" letters. SSA sends these notices to employees or employers when a name or Social Security Number (SSN) reported on Form W-2 or on self-employment reports does not match SSA's records.