Immigration Alert

Furloughs & impact on international visitors & employees

Carolyn Salter — Tue, 11 Mar 2025 12:04:49 +0000

Furloughs & impact on international visitors & employees Carolyn Salter Tue, 03/11/2025 - 06:04

Furloughs - temporary unpaid leaves of absence - can have significant implications for international employees and visitors on various U.S. visa types. The impact depends on the visa category, such as H-1B, J-1, TN, or F-1, as many employment-based visas require continuous employment to maintain legal status. Understanding these complexities is crucial to ensuring compliance with US immigration laws and avoiding unintended consequences.

See the frequently asked questions (FAQ) below for details. As of this writing, ISSS is not aware of any impending furloughs. Please note that FAQs are based on currently available information and do not relate to any specific situation.

Frequently Asked Questions

If a current Exchange Visitor in J-1 status is subject to a mandatory temporary furlough due to a termination (temporary or permanent) of the government grant funding their activities, can they maintain their immigration status if they have sufficient personal funds to support themselves in the U.S. even though they are unable to engage in their Exchange Visitor activities (e.g. research)?

No, if an Exchange Visitor (J-1 visa holder) is subject to a furlough and unable to participate in their Exchange Visitor Program activities and fulfill their program objectives (e.g. engage in research), their stay in the U.S. would need to be shortened, and they would be required to leave the country. In most cases, the Exchange Visitor would have a 30-day grace period following the start date of the furlough. During the grace period, they could not engage in activities on campus or be employed by the university, but they are able to stay in the U.S. and wrap up their personal affairs and travel or file an application with the U.S. Citizenship and Immigration Services (USCIS) to request to change to a different nonimmigrant status.

Can an employee in H-1B status be furloughed?

No, an H-1B visa holder cannot be furloughed. U.S. Department of Labor (DOL) and USCIS regulations require employers to continue paying employees in H-1B status their required wages even during a temporary lack of work or loss of funding for their salaries.

Can an employee who is TN visa holder (available to Canadian and Mexican citizens in some professional positions per the United States-Mexico-Canada Agreement (USMCA) be furloughed?

No, a TN worker placed on an unpaid furlough would no longer maintain their immigration status and would be required to leave the U.S. immediately.

Can a CU Boulder graduate in F-1 status who is participating in Optional Practical Training (OPT) be furloughed?

Yes, an F-1 visa holder on Optional Practical Training (OPT) can be furloughed and maintain their immigration status; however, they must ensure they do not exceed the allowed unemployment limits under OPT.

If the alum remains an employee with benefits while on furlough, they continue to maintain valid F-1 status if they resume work once the furlough ends. However, the unpaid time during the furlough may count toward the alum’s 90-day unemployment limit (for post-completion OPT). Due to the lack of guidance from SEVP, it is unclear to ISSS if F-1 visa holders in OPT must report being furloughed with benefits as unemployment in the SEVP Portal. ISSS advises if the F-1 visa holder is furloughed and their employer terminates their employee benefits (e.g., medical insurance), the alum should report unemployment in the SEVP Portal. F-1 visa holders on OPT should document any employment disruptions carefully and may want to consider securing another job or engaging in volunteer work related to their degree to maintain their OPT status.

Can a CU Boulder graduate in F-1 status who is participating in STEM Optional Practical Training (OPT) be furloughed?

Yes, an F-1 visa holder on STEM Optional Practical Training (OPT) can be furloughed and maintain their immigration status; however, they must ensure they do not exceed the allowed unemployment limits for STEM OPT.

If the alum remains an employee with benefits while on furlough, they remain in valid F-1 status if they resume work once the furlough ends. However, the unpaid time during the furlough may count toward the 150-day unemployment limit (for post-completion STEM OPT). Due to the lack of guidance from SEVP, it is unclear to ISSS if F-1 visa holders in STEM OPT must report being furloughed with benefits as unemployment in the SEVP Portal. ISSS advises if the F-1 visa holder is furloughed and their employer terminates their employee benefits (e.g., medical insurance), the alum should report unemployment in the SEVP Portal. F-1 visa holders on STEM OPT should carefully document any employment disruptions and may want to consider securing other paid employment through an E-Verify employer.

International Student and Scholar Services (ISSS)

We want you to feel welcomed, secure, and well-supported throughout your time at CU Boulder and in the U.S. If you need to talk or have any questions, we are here for you.

Campus Resources

ISSS wants you to know you can always talk to us or use the other resources on campus. Here are some resources we recommend:

Don’t Ignore It: Report a concern about discrimination and harassment, sexual assault, stalking, abusive conduct, classroom disruptions, and ethics concerns or refer someone you are concerned about.
Students: Use our friendly campus counseling services to talk through feelings of anxiety, loneliness, stress, or just to have someone supportive to talk to.
Faculty and Staff: Reach out to the Faculty & Staff Assistance Program to set up a time to chat with a trained counselor.

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Carry immigration documents & report changes of address

Carolyn Salter — Thu, 30 Jan 2025 13:17:37 +0000

Carry immigration documents & report changes of address Carolyn Salter Thu, 01/30/2025 - 06:17

Recent presidential executive orders have resulted in increased focus on immigration compliance. Given this, it is important to highlight two general requirements to maintain lawful immigration status.

Nonimmigrants (visa holders) and lawful permanent residents (green card holders) are required by law to:

Carry their immigration registration

Report residential address changes within 10 days

Legal Requirement to Carry Immigration Registration Document

To comply with this legal requirement, nonimmigrants and lawful permanent residents should carry a printed copy of their I-94 Arrival-Departure Record or Permanent Resident Card (Green Card). It is also recommended that individuals carry hard copies of relevant immigration status documents such as their Form I-20, Form DS-2019, or valid Employment Authorization Document (EAD card). This is not a new requirement. It has been in existence for decades but historically it was rarely enforced.

Legal Requirement to Report Changes of Address

Nonimmigrants and lawful permanent residents living in the United States for 30 days or more are required to report their change of residential address (where one lives), within 10 days of the address change.

F-1 and J-1 students actively engaged in a degree program:
- Update your address in the Buff portal.

F-1 students who applied for Optional Practical Training (OPT):
- Submit address updates using your online USCIS account.
- You can also update your address in the Buff portal for alumni purposes.

F-1 students in post-completion OPT authorization period:
- Submit address updates in your SEVP portal.
- You can also update your address in the Buff portal for alumni purposes.

J-1 students in post-completion Academic Training period:
- Submit the Address & Contact Information Update Form in the MyISSS portal (General Forms).

J-1 scholar:
- Submit address update in MyCUinfo employee portal
- If you are unable to access MyCUinfo portal, submit the Address & Contact Information Update Form in the MyISSS portal (General Forms).

Other Non-Immigrants and Lawful Permanent Residents:
- Submit address updates using your online USCIS account.

Immigration Resources on ISSS Website

ISSS maintains a website with various immigration resources including brief “Know Your Rights” informational documents and videos from reputable non-profit and local government organizations.

Any questions? Contact ISSS (isss@colorado.edu).

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Updated Exchange Visitor Skills List released

Carolyn Salter — Thu, 12 Dec 2024 15:04:32 +0000

Updated Exchange Visitor Skills List released Carolyn Salter Thu, 12/12/2024 - 08:04

On December 9, 2024, the U.S. Department of State released an updated Exchange Visitor Skills List.

The Skills List is one of the factors used to determine whether a J-1 exchange visitor and their dependents, if applicable, are subject to the 212(e) two-year home country physical presence requirement.

What is the Skills List?

The Skills List identifies countries that the U.S. government deems to have a critical need for individuals with specialized knowledge or skills in certain fields. If you are a citizen or legal permanent resident of a country on this list and you will be engaged in a field of specialized knowledge or skill associated with that country during your J-1 program, you may be subject to the 212(e) two-year home country physical presence requirement.

The 212(e) Two-Year Home Country Physical Presence Requirement

The 212(e) requirement mandates that certain J-1 exchange visitors must return to their home country for a minimum of two years after completing their exchange program in the U.S. This requirement is intended to ensure that countries with critical shortages of certain skills can benefit from the experience and expertise of these exchange visitors.

Key Changes in the Updated Skills List

The updated Skills List removes the 212(e) two-year home residency requirement for J-1 visa holders from several countries, including:

Brazil

China

India

Indonesia

Saudi Arabia

South Korea

Sri Lanka

United Arab Emirates

Please review the ⁠Department of State updated Skill List by Country to see which countries remain on the list.

J-1 exchange visitors who would have previously been subject to the 212(e) requirement based on the Skills List, are no longer subject to this condition if their country is no longer listed.

Retroactive release from 212(e) obligations is not available to exchange visitors when only a skill area is removed from the list, but the country itself remains on the list.

Exchange visitors can still be subject to the 212(e) requirement based on government funding or graduate medical education/training, even if their country is no longer listed.

What Does This Mean for You?

If you are a J-1 exchange visitor and your country has been removed from the Skills List, you will no longer be subject to the 212(e) requirement based on the Skills List. This provides more flexibility for exchange visitors to pursue various U.S. immigration statuses without needing to first fulfill the two-year home country physical presence obligation.

You can still be subject to the 212(e) requirement based on government funding or graduate medical education/training.

To learn more about the conditions that make an individual subject to the 212(e) requirement, its impact, and how to fulfill the requirement, review the ISSS 212(e) webpage and contact the ISSS advisor assigned to your department if you have questions.

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Limited stateside H-1B visa renewal program relaunching

Anonymous — Tue, 16 Jan 2024 19:12:55 +0000

Limited stateside H-1B visa renewal program relaunching Anonymous (not verified) Tue, 01/16/2024 - 12:12

The U.S. Department of State (DOS) is relaunching the H-1B Domestic Renewal Pilot Program on January 29, 2024. DOS has released Frequently Asked Questions (FAQs) about the program on their website and an online tool to assist with determining eligibility to participate in the program.

A visa stamp in your passport is only required if you intend to depart the U.S. and reenter.

Frequently Asked Questions

Who is eligible to participate in the pilot?

H-1B applicants (not dependents in H-4 status) who:

Are seeking to renew an H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024; AND
Are renewing a prior H-1B visa issued by a U.S. embassy or consulate in Canada with an issuance date from January 1, 2020, through April 1, 2023, or by a U.S. embassy or consulate in India with an issuance date from February 1, 2021, through September 30, 2021; AND
Are not subject to a nonimmigrant visa issuance (reciprocity) fee; AND
Are eligible for an in-person interview waiver; AND
Have submitted ten fingerprints to DOS in connection with the prior visa application. See Question 27 here; AND
Prior visa does not have a “clearance received” annotation; AND
Do not have a visa ineligibility that would require a waiver prior to issuance (for example, a recent arrest or conviction of a crime); AND
Have an approved and unexpired H-1B petition, were most recently admitted to the U.S. in H-1B status, and are maintaining H-1B status in the US; AND
Period of admission in H-1B status has not expired; AND
Intend to reenter the U.S. in H-1B status after a temporary period abroad.

What is the application period for the pilot program?

DOS will begin accepting online applications for this pilot beginning on January 29, 2024.

Each week, DOS will release approximately 2,000 application slots for those whose most recent H-1B visa was issued in Canada and approximately 2,000 application slots for those whose most recent H-1B visa was issued in India.The dates of release will be as follows:

January 29, 2024
February 5, 2024
February 12, 2024
February 19, 2024
February 26, 2024

Once the weekly limits are reached for each mission the online application portal will be locked until the next date makes the next group available. The application process will close when all slots are filled, or on April 1, 2024, whichever is sooner.

What is the application process?

Submit an Application

To complete the application, applicants should:

Select the consular post of their most recent H-1B visa issuance (either Canada or India).
Answer a series of questions to determine their eligibility to participate in the pilot.
Complete and submit the electronic Form DS-160.
Pay a non-refundable, non-transferable Machine-Readable Visa (MRV) fee online.
Receive instructions through the online portal concerning how to send their passports and other required documents via the US Postal Service or another courier service to the DOS.

*If the DOS returns application because the applicant is unqualified, they will not refund the MRV fee will not be refunded in any case.

What documents must be provided?

Each applicant must provide the following:

A properly completed and electronically filed DS-160, Online Nonimmigrant Visa Application.
One photograph (taken within the last six months), which meets the specifications.
A passport valid for travel to the United States, which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of the visa stamp.
An original or copy of the applicant’s current Form I-797, H-1B Approval Notice.
An original or copy of the applicant’s I-94 Arrival-Departure Record.

Evidence of international travel plans are not required in the initial application filing; however, it may be requested by DOS at a later date.

How will the application be processed and adjudicated?

Applications will be considered in the order they are received. No status on the application will be provided other than returning of the application, or issuance or refusal of the visa.

Check Your Application Status

According to DOS, the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS and they intend to complete processing of all applications by no later than May 1, 2024.

No requests for expedited processing will be accepted.

What happens when the visa is issued?

Issued visas, passports, and documents submitted will be returned to the applicant via USPS or a courier service.

What happens if the application is returned or the visa refused?

DOS will return without adjudication any application that is not within the scope of the pilot program. DOS will not refund the MRV fee in these situations.

If an application is accepted for adjudication but subsequently found to be ineligible, the applicant will have to apply for the visa stamp at a US embassy or consulate outside of the US.

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New, Improved USCIS Online Change of Address Tool

Anonymous — Mon, 16 Oct 2023 21:57:02 +0000

New, Improved USCIS Online Change of Address Tool Anonymous (not verified) Mon, 10/16/2023 - 15:57

U.S. Citizen and Immigration Services (USCIS) has announced a new online self-service Change of Address Tool that allows applicants with pending applications and petitions to update their address with USCIS more easily. According to a recent USCIS announcement, the Enterprise Change of Address (E-COA) tool “will significantly improve the speed and efficiency of the process for USCIS customers to update their address with USCIS.”

Using E-COA, most individuals who have a USCIS online account can conveniently update their mailing and physical addresses for pending applications, petitions, or requests in one central location. This eliminates the need to make USCIS address updates in multiple locations: completing a paper AR-11, Alien’s Change of Address Card, or reaching out to the Contact Center.

If you have a pending application with USCIS, please update your address using the new E-COA system in your USCIS online accountas soon as possible. This will ensure that important documents (e.g., receipt notices, EAD cards) will be mailed to your new address.
Even if you do not have a pending application, all noncitizens should report a change of address to USCIS within 10 days of moving.

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Potential U.S. Government Shutdown

Anonymous — Tue, 26 Sep 2023 16:47:51 +0000

Potential U.S. Government Shutdown Anonymous (not verified) Tue, 09/26/2023 - 10:47

When the U.S. government has shut down temporarily in the past, the impact on the services provided by the U.S. Citizenship and Immigration Services (USCIS) has been minimal. This is because the USCIS charges fees directly for their services. ISSS expects that the USCIS will continue to process immigration applications (including those for Optional Practical Training work permits) as normal. Applications to sponsor employees for future H-1B visa status or to extend their current H-1B status will likely be impacted by any government shutdown as that process involves the U.S. Department of Labor which is not a fee-based agency. Please reach out to ISSS if you have any questions. We are here to help.

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End of the COVID-19 Vaccine Requirements for Federal Employees, Federal Contractors, and International Air Travelers

Anonymous — Thu, 04 May 2023 17:39:00 +0000

End of the COVID-19 Vaccine Requirements for Federal Employees, Federal Contractors, and International Air Travelers Anonymous (not verified) Thu, 05/04/2023 - 11:39

The Biden-Harris Administration announced the end the COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers effective at the end of the day on May 11, the same day that the COVID-19 public health emergency ends.

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Recent U.S. Supreme Court Decision on Abortion

Anonymous — Tue, 28 Jun 2022 20:30:47 +0000

Recent U.S. Supreme Court Decision on Abortion Anonymous (not verified) Tue, 06/28/2022 - 14:30

On Friday, June 24, 2022, the U.S. Supreme Court made an important decision regarding abortion.

While there is not a federal law prohibiting abortion, the university and ISSS understand the profound effects that this decision has on our campus community, including international students and scholars. We encourage you to read the chancellor’s response to the decision here.

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Biden Administration Halts Covid-19 Test Requirement for Air Travelers to U.S.

Anonymous — Fri, 10 Jun 2022 18:55:55 +0000

Biden Administration Halts Covid-19 Test Requirement for Air Travelers to U.S. Anonymous (not verified) Fri, 06/10/2022 - 12:55

On June 10, 2022 the Center for Disease Control (CDC) announced the recension of the Biden administration order requiring a negative COVID-19 test for air travelers coming into the United States. This requirement had been in place since early 2021. Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky issued a four-page order lifting the mandate stating it is "not currently necessary." U.S. Department of Health and Human Services Secretary Xavier Becerra said the CDC decision is based on science and available data, and said the agency "will not hesitate to reinstate a pre-departure testing requirement, if needed later."

Effective June 12, 2022 at 12:01 a.m. ET., air passengers no longer need to get tested and show the COVID-19 test result or documentation of recovery from COVID-19 prior to boarding a flight to the U.S.

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RESCINDED: Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe

Anonymous — Tue, 28 Dec 2021 23:25:56 +0000

RESCINDED: Temporary Restriction on Entering the U.S. after Travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe Anonymous (not verified) Tue, 12/28/2021 - 16:25

On December 28, 2021, President Biden released a presidential proclamation which eliminated temporary COVID-19 restrictions on entering the U.S. after travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, & Zimbabwe.

The COVID-19 vaccination entry requirements and testing restrictions, effective November 8, 2021, are still in place.

See this ISSS Frequently Asked Questions (FAQ) webpage for details about this current restriction.

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