RECENT IMMIGRATION POLICY UPDATES

• 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.

• In addition, the Secretary extended previously approved policies to waive the visa interview for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022. It is at the discretion of the consular officers whether to waive the interview for F, M, and academic J visas.

• 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.

• Due to the emergence of a new COVID-19 variant, on November 26, 2021, President Biden signed a  proclamation that suspends the entry into the U.S. of "noncitizens" who were physically present within certain Southern African countries up to 14 days before their attempted entry.
• This new travel ban, which went into effect on November 29, 2021, impacts those who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe

• The Biden administration announced on October 25, 2021 that it will lift travel bans for fully vaccinated international air travelers to the United States beginning November 8.
• These travel bans, which have been in place for the previous 18 months, impacted individuals from 33 countries, including Brazil, China, India, Iran, South Africa, and members of the EU.
• International travelers will need to show proof of vaccination before boarding a flight to the United States as well as a negative coronavirus test.
• For more information, see:
  • Fact Sheet: Biden Administration Releases Additional Detail for Implementing a Safer, More Stringent International Air Travel System (White House)
  • Non-U.S. citizen, Non-U.S. immigrants: Air Travel to the United States (CDC) 
  • Technical Instructions for Implementing Presidential Proclamation Advancing Safe Resumption of Global Travel During the COVID-19 Pandemic and CDC's Order (CDC)

• On October 12, 2021, Secretary of Homeland Security Alejandro Mayorkas announced that "non-essential" travelers who are fully vaccinated and have appropriate documentation can enter the U.S. via land and ferry points of entry.
• Customs and Border Protection (CBP) will begin to allow fully vaccinated travelers to enter beginning in November.
• Travelers must have proof of vaccination with them at the time of crossing to be permitted entry.
• See the full announcement here

• U.S. Customs and Border Protection has extended the temporary COVID-19 travel restrictions that limit land-border entry into the U.S. for individuals from Canada and Mexico through October 21, 2021. 
• Travel will be limited to "essential travel" only, but students are still considered "essential travelers".
• See CBP announcement here .

• On September 14, the Department of State announced that through the end of 2021, consular officers a U.S. embassies and consulates may now adjudicate F, M, and "academic J visa applicants" (students, professors, research scholars, short-term scholars, or specialists) without an in-person interview, with certain exceptions.
• For more information, including eligibility requirements, see the State Department's announcement.

• On July 1, 2021, the Department of Homeland Security withdrew its September 20, 2020 proposed rule to eliminate the current "duration of status" (D/S) policy for international students in F-1 and J-1 status. The September 2020 proposal sought to both limit the period of authorized stay in the U.S. for F or J status students as well as reduce the F-1 grace period from 60 to 30 days.
• The withdrawal of this proposed rule is welcome news for our international student community. It means that the current D/S policy remains intact, giving students the flexibility to remain in the U.S. for the duration of their studies, so long as they abide by the regulations authorizing their F-1 or J-1 status ("maintain status").
• ISPO is grateful for the many advocacy efforts put forth to challenge this proposal. We will continue to update you on any other policy changes and/or advocacy efforts as they occur.

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:  

• New or returning F-1 students present in China, Brazil, Iran, South Africa or India are automatically considered for the National Interest Exception (NIE) at the Port of Entry into the U.S. and do not require advance approval of a NIE from an embassy or consulate prior to travel;  
• New or returning F-1 students present in China, Brazil, Iran, South Africa or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT); and 
• New or returning F-1  students who were present only in the Schengen Area, United Kingdom, or Ireland are not subject to the August 1 condition; however, they could still be subject to a "no earlier than 30 days before the start of their academic studies" condition (for example, if students plan to begin or resume their studies for the Fall 2021 quarter at UC San Diego, which begins on 9/20/21, they may only enter the U.S. as early as 8/21/21).

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:

• Graduate Admissions FAQ
• Undergraduate Admission Review Process

At any time, it is important to avoid any violations of your F-1 or J-1 status. In addition to enrollment requirements, address reporting, or employment restrictions, individuals in non-immigrant status are expected to refrain from breaking any U.S. state or federal laws.

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*: 

• Freedom of speech, freedom of expression and peaceful assembly, and freedom of religion 
• Freedom from illegal search and seizure (a law enforcement official must have a subpoena or warrant), unless a crime has been committed where the search would take place 
• Permission to remain silent (and not say anything that could be used against you)
• Guarantee of “due process” and “equal protection under the law”, which means that you have the right to an attorney, and a right to have a hearing before a judge in most cases
• Right to contact your country’s Consulate

*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 Protests:

ISPO understands that choosing to protest is a very personal decision. Think carefully before engaging in protest activities as the potential to encounter or be approached by law enforcement is higher. If you choose to engage in protest activities, 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). 

• Know Your Rights Handouts: If ICE visits home, employment or public space
• If questioned about your immigration status
• What to do if ICE is at your door
• If you’re stopped by police, Immigration agents or the FBI
• Rights at airports and other ports
• What to do if border agents demand I turn over my cell phone or laptop

Arrests and Convictions:

Finally, understand that arrests can seriously impact immigration status or future visa applications. 

Arrests or convictions that involve violence, drugs or alcohol can have serious or long-lasting impact on current or future immigration status. Be aware that while marijuana use is legal in many U.S. states, it remains illegal at the federal level and use constitutes a violation of federal law. Use of marijuana, or alcohol/drug-related DUI arrests or convictions can lead to severe immigration consequences ranging from fines, visa cancellation to deportation.

If you are arrested or have any legal concerns, please contact ISPO immediately. In such cases, we urge you to retain immigration legal counsel and criminal legal counsel to advise you as to next steps and possible consequences.

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.

• Undergraduate Students: Please meet with your College advisor regarding questions about general requirements. Meet with your department advisor regarding questions about major/minor requirements.
• Graduate Students: Please meet with your Faculty Advisor and Graduate Coordinator regarding questions about time limits, available funding, and reasons impacting your expected completion date.

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:

• If questioned about your immigration status
• What to do if ICE is at your door
• If you’re stopped by police, Immigration agents or the FBI
• Rights at airports and other ports
• What to do if border agents demand I turn over my cell phone or laptop

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.

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.

• Tips on How to Cope with Stress

It is important to review your documents for accuracy and be aware of expiration dates.

• Make sure the spelling of your first and last name match on your passport, visa, and I-20/DS-2019.
• Check your passport expiration date. Make sure it is valid during your stay in the U.S. Apply for a new passport with your embassy or consulate when needed.
• Check your visa expiration date. Make sure that your visa is valid before reentering the U.S. If it is expired, you will need to apply for a new visa. Remember: A visa is an entry permit into the U.S. It does not determine whether you can stay or work.
• Print your current I-94 from the Customs & Border Protection website.
• Make sure the major/field of study on your I-20/DS-2019 reflects your current information. If it is different, request a new I-20/DS-2019 as soon as possible.
• Make sure the program end date on your I-20/DS-2019 has not expired. Request an I-20/DS-2019 extension at least 2-3 weeks before the expiration date.
• Update/enter your local address, phone number, email address, and emergency contact information.
  • Students: Update your record via TritonLink.
  • Faculty & Researchers: Notify IFSO.
  • Individuals on OPT/STEM OPT/Academic Training should submit their employment verification, local address, phone number, and email address via the Employment Verification Form 

• Gather as many facts about the situation as possible, within the scope of your authority as an employee of your institution.
• Identify what you might be able to do within the scope of your role at your institution, and refer individuals with issues, questions, or concerns that are beyond the scope of your role or ability to appropriate helpers.
• Consult with an advisor in the International Students & Programs Office regarding international student issues and an advisor in the International Faculty & Scholar Office regarding international faculty and researcher issues.
• Remember that you cannot dispense legal advice. Know when to encourage someone to seek legal advice from an experienced attorney.
• Notify stakeholders on your campus about the situation, through your normal supervisory chain

• ISPO Advisors for students: Walk-In Advising on Monday, Wednesday, Thursday, and Friday from 9am-12pm & 1:00-4:00pm. Contact icontact.ucsd.edu or 858-534-3730.
• IFSO Advisors for faculty and researchers: Monday-Friday from 9am-4pm. Contact ischolars@ucsd.edu or 858-822-246-1448 to schedule an appointment.