NEWS & UPDATES
- Coronavirus Information
- ISPO News
- Recent Immigration Policy Updates
- Older Archived Immigration Policy Updates
- Immigration Policy Advocacy Efforts
- Campus Announcements
The UC San Diego International Students (ISPO) & Programs Office and International Faculty & Scholars Office (IFSO) recognize that recent changes in immigration policy may raise questions and concerns in our international community. Our commitment to supporting our international student and scholar population on campus remains strong and steadfast. This page provides information and support resources for the UC San Diego community.
4/19/2022: DHS Publishes TPS Designation for Ukraine, Sudan, and Cameroon
On April 19, 2022 the Department of Homeland Security (DHS) published the Federal Register notice designating Ukraine for Temporary Protected Status (TPS) for an 18 month period, beginning April 11, 2022 and ending on October 19, 2023.
The original March 3 notice by DHS listed the start date as March 1, 2022. The change in date will permit thousands of Ukrainians who arrived in the United States between March 1 and April 11 to be eligible for TPS.
If granted TPS, individuals are permitted a temporary stay of deportation and temporary authorization to work in the United States.
Under TPS, individuals are eligible for advance parole, allowing them to travel abroad and return to the United States, though this must be applied for separately.
DHS also announced that Ukrainian students will be eligible for Special Student Relief (SSR), permitting students to obtain employment authorization, increase their work hours, and adjust their course load while maintaining their F-1 visa status.
Also on April 19, 2022 DHS published the Federal Register notice designating Sudan for TPS for 18 months, beginning March 1, 2022 through October 19, 2023.
Under this notice, current beneficiaries of Sudan’s 2013 TPS designation received an automatic extension of their status through December 31, 2022, and are eligible to file a new TPS application under the new designation.
On April 15, 2022 DHS announced the designation of Cameroon for TPS. Individuals residing in the United States as of April 14, 2022 will be eligible for this TPS.
ISPO recommends consulting with an experienced immigration attorney when applying for TPS.
Legal Resources: See ISPO’s Legal Resources page for guidance in finding an immigration attorney.
On March 3, 2022, Secretary of Homeland Security Alejandro N. Mayorkas designated Ukraine for Temporary Protected Status (TPS) for 18 months. This designation allows Ukrainian nationals who have continuously resided in the U.S. since March 1, 2022 to file applications for TPS, so long as all eligibility requirements are met.
See the Department of Homeland Security (DHS) website for additional details.
Visit United States Citizenship and Immigration Services (USCIS) website for more information about TPS.
NOTE: This TPS designation does not provide Special Student Relief (SSR) to those holding F-1 student visas at this time. However, many higher education advocates are continuing to pressure the Biden administration to provide this. ISPO will update our students if this is granted.
ISPO recommends consulting with an experienced immigration attorney when applying for TPS.
UC San Diego Legal Resources: Ukrainian students are able to schedule an appointment with an Immigration Attorney at UC San Diego’s Undocumented Student Services Office. Schedule an appointment here: https://ussappointments.as.me/schedule.php
Legal Resources: See ISPO’s Legal Resources page for guidance in finding an immigration attorney.
On January 21, 2022, the Biden-Harris Administration announced an array of new actions by the Department of State and Department of Homeland Security to facilitate more opportunities for international STEM students, scholars, researchers, and experts in the United States. The initiatives announced that may specifically impact current undergraduate and graduate students include:
Department of Homeland Security (DHS) Secretary Mayorkas is announcing that 22 new fields of study are now included in the STEM Optional Practical Training (OPT) program through the Student and Exchange Visitor Program (SEVP).
Information on these new fields of study will be communicated to schools and students in a forthcoming Federal Register notice. The added fields of study, which includes data science, are primarily new multidisciplinary or emerging fields, and are critical in attracting talent to support U.S. economic growth and technological competitiveness.
The U.S. Department of State's Bureau of Educational and Cultural Affairs (ECA) is announcing new guidance that will facilitate additional Academic Training (AT) for undergraduate and graduate students in STEM fields on the J-1 visa for periods of up to 36 months.
DHS will issue an update to its policy manual related to "extraordinary ability" (O-1A) nonimmigrant status regarding what evidence may satisfy the O-1A evidentiary criteria: 2 USCIS-PM M.4 - Chapter 4 - O-1 Beneficiaries.
With respect to immigration, DHS will issue an update to its policy manual on how U.S. Citizenship and Immigration Services (USCIS) adjudicates national interest waivers for certain immigrants with exceptional ability in their field of work: 6 USCIS-PM F.5 - Chapter 5 - Advanced Degree or Exceptional Ability.
On December 28, 2021, President Biden has announced that he has revoked Presidential Proclamation 10315, which had suspended entry of certain individuals physically present in countries where the Omicron variant of COVID-19 had been detected.
The travel restrictions originally placed on Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe on November 29, 2021, will be revoked effective December 31, 2021, at 12:01 am (ET). Vaccine requirements will remain in effect.
The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services.
This new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions.
Due to differing consular and local government responses and resources to the ongoing pandemic, visa applicants are encouraged to contact or check the website of the U.S. consulate that will process their visa application to confirm the availability of nonimmigrant visa services.
On June 24, 2021, the State Department updated its National Interest Exception (NIE) page from its original announcement on April 26, 2021 to clarify certain NIE eligibilities to all countries subject to a geographic COVID-19 ban.
The notice clarifies that:
If you are unsure about whether you must apply for a NIE, ISPO strongly encourages you to contact your local U.S. consulate or embassy for guidance and instructions.
The International Students & Programs Office continues to recommend minimizing international travel due to the changing nature of the current administration’s policies on visa and entry into the United States. If you have any questions or concerns about immediate or essential international travel or visa renewal, please meet with an ISPO advisor.
Also, refer to the NAFSA: Association of International Educators Executive Order Resources and Travel Advisory web pages.
UC San Diego welcomes applicants from the around the world. Applicants are evaluated based on their academic preparation and qualifications. For more information about the undergraduate and graduate student application process, visit:
Students on F-1 and J-1 status are required to comply with all immigration regulations governing their stay in the U.S.
What Rights Do I Have While in the U.S.?
U.S. constitutional law is complex however regardless of your immigration status, noncitizens generally have equal First Amendment rights under the U.S. Constitution*:
*Learn Liberty: The Constitutional Rights of Noncitizens and 2003: Cole, David: Georgetown Law, "Are Foreign Nationals Entitled to the Same Consitutional Rights as Citizens?"
Participating in Freedom of Expression Activities:
ISPO understands that choosing to participate in freedom of expression activities is a very personal decision. If you choose to particiate, review the Amnesty International "Safety During Protest" information, the ACLU "Protesters' Rights" - and print and carry the "Know Your Rights" card.
What if I am Approached by U.S. Law Enforcement?
Review the following resources from the American Civil Liberties Union (ACLU) and the American Immigration Lawyer's Association (AILA).
If you are arrested or have any legal concerns, please contact ISPO immediately. In such cases, we recommend that you seek immigration legal counsel and criminal legal counsel.
If you need additional time to complete your program of study at UC San Diego, you will need to identify an academic or medical reason for the extension.
Some individuals may be contacted by government officers or representatives to meet in a public location so they can discuss your current immigration status. In general, this does not have a negative impact on your status. ISPO and IFSO are available to hold the meeting in their offices or accompany you during the meeting with government officers or representatives. Please meet with an ISPO or IFSO advisor if you have any questions or concerns about these inquiries.
Additional tips for interacting with US law enforcement and understanding your rights is available with the American Civil Liberties Union:
ISPO and IFSO advocates for our international students and scholars on a campus and community level by continuing to provide education, training, and advising for campus partners and stakeholders regarding the complex issues facing our student and scholar population.
ISPO and IFSO also work in partnership with the campus administration and the University of California's Office of Federal Governmental Relations to advocate for regulations and policies supportive of our international community. Additionally, ISPO and IFSO work for advocacy through our membership in NAFSA: Association of International Educators, the world's largest nonprofit association dedicated to international education and exchange.
Please visit ISPO or IFSO with any immigration concerns or questions. Our advisers provide a welcoming, safe environment to discuss concerns you may have related to your visa status, as well as explore options and benefits available for your current or future plans. For complex issues beyond our scope, we can assist you in a referral to an immigration attorney.
Additional Campus Resources
Enrolled UC San Diego students can access resources through Counseling and Psychological Services, including individual confidential counseling appointments, groups, self-help tools, and more. UC San Diego employees and Visiting Scholars or postdocs can find support through the Faculty & Staff Assistance Program which provides free, confidential counseling and referrals.
It is important to review your documents for accuracy and be aware of expiration dates.