These FAQs are intended to address questions that international students, scholars or faculty may have. If you are a DACA or undocumented student, please see the Deferred Action for Childhood Arrivals (DACA) and Undocumented Student FAQs. If you are interested in more information on what an executive order or proclamation is and the structure of the United States government as it relates to laws, proclamations and executive orders, please see an explanation provided by NAFSA: The Association of International Educators. 

These FAQs are informational and do not constitute legal advice. Each individual’s situation is different, and the best course of action for each individual may vary depending on that person’s particular situation. Be aware that as federal developments related to immigration occur, the information provided below may change.

Resources listed on this page are also provided for informational purposes only. Linking to a website or document does not indicate endorsement of the content, or the organization hosting the content.

    Additional Resources & Support

    If you have questions regarding these FAQs, please contact the Office of International Services @ (541) 737-6310 or ois.student@oregonstate.edu

    If your questions are beyond the scope of our office, we may recommend you speak with an immigration attorney. Anyone with legal questions is strongly encouraged to seek qualified legal advice for their specific personal and family circumstances. For information about what to expect when working with a lawyer, please read the information from the Oregon State Bar. Resources to find an immigration attorney include:

    • OSU ASOSU Legal Services (a student fee-funded resource) provides free attorney consultations directly to any Oregon State University student, regardless of where the student is located. ASOSU Legal Services can be reached at 541-737-4165 or online
    • The Oregon State Bar Lawyer Referral Service can be reached at 800-452-7636 or online.
    • The American Immigration Lawyers Association Immigration Lawyer Search provides referrals to immigration attorneys throughout the United States.

    Proclamation on Ending Discriminatory Bans on Entry to the United States

    On Jan. 20, 2021, the U.S. president signed a Proclamation revoking the previous administration’s Executive Orders and Presidential Proclamations that prohibited immigrants and non-immigrants from certain countries entering the United States.  The Jan. 20, 2021 Proclamation revokes the following prior administration’s actions:

    • Executive Order 13780 of March 6, 2017
      • Suspension of Entry for nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen
    • Proclamation 9645 of September 24, 2017
      • Suspension of Entry for nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia
    • Proclamation 9723 of April 10, 2018
      • Removal of entry restrictions for nationals of Chad
    • Proclamation 9983 of January 31, 2020
      • Suspension of Entry for nationals of Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania.
    • The proclamation directs all embassies and consulates to resume processing of visas
    • The proclamation also requires that, within 45 days of the proclamation’s date (Jan 20, 2021), the U.S. secretary of state shall provide the president:
      • The number of visa applicants considered for a waiver under the entry suspensions (Proclamation 9645 or 9983) and a plan for expeditiously adjudicating their pending visa applications.
      • A proposal to ensure that individuals whose immigrant visa applications were denied because of the suspensions, have their applications reconsidered and expedited.
      • A plan to ensure that visa applicants are not subject to bias as a result of a previous visa denial under the suspensions if they choose to re-apply for a visa.

    Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

    On June 22, 2020, a presidential proclamation was issued suspending the entry of foreign nationals who according to the administration “present a risk to the U.S. labor market following the coronavirus outbreak.” The proclamation went into effect on June 24, 2020, at 12:01 a.m. EDT.

    The proclamation suspends H-1B, H-2B, L-1 and certain J-1 exchange visitors (and their dependent family members) from entering the United States starting June 24, 2020, through Dec. 31, 2020. The J-1 exchange visitors affected include those “participating in an intern, trainee, teacher, camp counselor, au pair or summer work travel program.”

    • Current or prospective J visa categories including specialists, researchers, short term or long-term scholars and students.
    • Nonimmigrants in the impacted categories who are in the U.S. on June 24, 2020.
    • Nonimmigrants in the impacted categories with a valid visa stamp or valid travel document on June 24, 2020.
    • Lawful Permanent Residents - LPR (Green card holders).
    • The spouse or minor child of a U.S. citizen.
    • Anyone “whose entry would be in the national interest” as determined by the Secretary of State or the Secretary of Homeland Security.

    The proclamation will be implemented by the Department of State as it relates to visa issuance. The Department of Homeland Security will implement the proclamation as it relates to entry into the U.S. The proclamation will be enforced by consular officers at the time a covered individual applies for a visa at a U.S. embassy or consulate abroad, and by immigration officials at U.S. ports of entry.

    The proclamation is effective as of 12:01 a.m. EDT on June 24, 2020. It will expire on Dec. 31, 2020.

    The proclamation also extends until Dec. 31, 2020, the April 22, 2020 proclamation, which suspended entry into the U.S. of certain immigrants. 

    Current and prospective students with a J immigration status should contact the Office of International Services at ois.student@oregonstate.edu. If you are a current or prospective J-1 scholar or H1-B employee, please contact OIS at intl.hire@oregonstate.edu. Anyone with legal questions is strongly encouraged to seek qualified legal advice for their specific personal and family circumstances; please see the top of this page for appropriate resources.

    Presidential Proclamation Suspending Entry of Certain Students and Researchers from the People’s Republic of China

    On May 29, 2020, the President Trump issued a Proclamation Suspending Entry of Certain Students and Researchers from the Peoples Republic of China. The Proclamation indicates that the restriction is designed to prevent "China's acquisition of sensitive U.S. technologies and intellectual property to modernize its military..." The proclamation became effective on Monday, June 1, 2020 at 12:00 PM EDT and will remain in effect until the president terminates it.

    Source: Association of International Educators (NAFSA)

    The proclamation suspends the entry of Chinese citizens into the United States pursuant to F-1 and J-1 graduate students seeking to study in the U.S. and J-1 exchange visitors seeking to conduct research in the U.S. if the individual either currently or in the past receives funding from, is employed by, studies at or conducts research for an entity that implements or supports the PRC’s “military-civil fusion” strategy.

    “Military-civil fusion" strategy is defined as "actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC's military capabilities." Undergraduate students are exempt from the proclamation. Graduate students and researchers are also exempt from the proclamation if they do not have any of the specific current or past funding, employment, study, or research ties with "an entity in the PRC that implements or supports the PRC’s 'military-civil fusion strategy'."

    The proclamation does NOT apply to:

    • Students pursuing undergraduate education.
    • Lawful permanent residents of the U.S.
    • Spouses of U.S. citizens or U.S. lawful permanent residents.
    • Members of the United States Armed Forces, their spouses or children.
    • Individuals whose travel falls within the scope of the United Nations Headquarters Agreement.
    • Individuals studying or conducting research in a field involving information that would not contribute to the PRC's military civil fusion strategy, as determined by the departments of state and homeland security.
    • Individuals whose entry would further U.S. law enforcement objectives as determined by the departments of state and homeland security, and based on a recommendation of the U.S. attorney general.
    • Individuals whose entry would be in the national interest, as determined by the departments of state and homeland security, and based on a recommendation of the attorney general.

    This proclamation does not limit the ability for individuals to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

    No, the proclamation specifically exempts F or J visa holders seeking to pursue undergraduate study in the U.S., including English language learning programs and pathway programs.

    No, as currently written, the proclamation only affects individuals seeking entry into the U.S. However, there is a provision that directs the U.S. secretary of state to consider whether nationals of China currently in the U.S. pursuant to F or J visas and who otherwise meet the criteria should have their visas revoked. Visa validity and immigration status are separate. Visa revocation typically affects entry or re-entry into the U.S. Therefore, in most cases, the revocation of a visa while in the U.S. has no direct bearing on immigration status as long as the affected individual continues to maintain all the terms of their immigration status during their stay in the U.S.

    The U.S. secretary of state will implement the proclamation as it applies to visa procedures, in consultation with the U.S. secretary of homeland security. The secretary of homeland security will implement the proclamation "as it applies to the entry of aliens pursuant to such procedures” as the secretary of homeland security, in consultation with the secretary of state, may establish.

    The proclamation does not affect petitions filed for or by Chinese nationals with United States Citizenship and Immigration Services (USCIS).

    For students and prospective students in F and J immigration status, please contact the Office of International Services (OIS) at ois.student@oregonstate.edu. If you are a current or prospective J-1 scholar, please contact OIS at intl.hire@oregonstate.edu. Anyone with legal questions is strongly encouraged to seek qualified legal advice for their specific personal and family circumstances; please see the top of this page for appropriate resources.

    Suspending entry of immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak

    On April 22, 2020, a Presidential Proclamation was issued, suspending entry into the U.S. for 60 days for certain new immigrants who do not already have an approved immigrant visa. The proclamation does not impact applicants for adjustment of status to permanent residence or nonimmigrants such as students, exchange visitors, H-1B workers or visitors for business or pleasure. The proclamation is effective April 23, 2020, at 11:59pm.

    The suspension of entry into the United States applies to immigrants who:

    • Were outside the United States on the effective date of the proclamation (11:59 p.m. eastern daylight time on April 23, 2020);
    • Do not have an approved immigrant visa that is valid on April 23, 2020;
    • Do not have an official travel document (such as a passport or advance parole document) by the time they seek entry or admission.

    The suspension of entry into the U.S. does not apply to:

    • Nonimmigrants such as students, exchange visitors, H-1B workers or visitors for business or pleasure.
    • Any lawful permanent resident of the United States.
    • Any foreign national seeking to enter the United States on an immigrant visa as a physician, nurse or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the secretary of state, the secretary of homeland security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the foreign national.
    • Any foreign national applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program.
    • Any foreign national who is the spouse of a United States citizen.
    • Any foreign national who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.
    • Any foreign national whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland security, or their respective designees, based on a recommendation of the Attorney General or his designee.
    • Any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces.
    • Any foreign national seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of state may impose, and any spouse and children of any such individual.
    • Any foreign national whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland security, or their respective designees.

    The proclamation will be enforced by consular officers at the time a covered individual applies for an immigrant visa at a U.S. embassy or consulate abroad, and by immigration inspectors at U.S. ports of entry.

    The proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020. It will expire 60 days from its effective date but may be continued as necessary, as determined by the president.

    Final Rule on Public Charge Ground of Inadmissibility

    Disclaimer: This document does not contain legal advice. Individuals who are concerned about whether and how receipt of public benefits might affect their immigration status should ask for help from an immigration attorney.

     

    Updated August 4, 2020

    On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) issued an injunction prohibiting the Department of Homeland Security from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

    As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020

     

    Updated February 2020

    On Jan. 27, 2020, the U.S. Supreme Court lifted – except in the state of Illinois – a 2019 preliminary injunction prohibiting the enforcement of a rule relating to immigration cases.

    As a result, the U.S. Department of Homeland Security  and Department of State  will enforce the final rule on inadmissibility on Public Charge Grounds effective Feb 24, 2020. The rule will not be retroactive, so the rule will not be applied to anyone until after February 24.

    "Public charge" or the "public charge test" is used by immigration officials to decide if a person can get admission into the United States, change or extend their immigration status or get lawful permanent resident status, such as receipt of a green card.

    Immigration officials consider an applicant’s age, health, family status, assets, resources, financial status, education and skills to determine if they are likely to depend on the U.S. government for aid in the future.

    Applicants have to demonstrate that they have not received one or more of the listed public benefits, for more than an aggregate of 12 months over any 36-month period of time. Each benefit used counts toward the 12-month calculation. For instance, if an applicant receives two different benefits in one month that counts as two months of public benefits.

    The public charge rule takes into consideration public benefits received directly by the applicant for the applicant’s own benefit, or if the applicant is a listed beneficiary of the public benefit. Public benefits received on behalf of family members, such as eligible children, are not considered a public charge.

    The rule applies to:

    • Applicants for admission into the United States as an immigrant or non-immigrant
      • Lawful permanent residents returning to the United States after an absence of more than 6 months, are considered "applicants for admission.”  Permanent residents returning after an absence of 6 months or less are not subject to the rule.
    • Applicants seeking to adjust their status to Lawful Permanent Residents (LPR or green card holders)
    • Applicants seeking Change of Status (COS), or Extension of Stay (EOS)

    The rule does not apply* to:

    • U.S. citizens, even if the U.S. citizen is related to a non-citizen, who is subject to the public charge ground of inadmissibility
    • Lawful Permanent Residents, including those applying for admission into the United States after an absence of 6 months or less
    • Foreign national exempted from the public charge ground of inadmissibility, such as refugees, those who sought asylum, people with Temporary Protected Status (TPS)
    • Active U.S military families
    • Certain non-immigrant trafficking and crime victims
    • Individuals applying under the Violence Against Women Act (VAWA)
    • Children under the age of 18, including adopted children, who will acquire U.S. citizenship under INA section 320, 8 U.S.C. 1431 

    *This is not an exhaustive list

    • Any federal, state, local, or tribal cash assistance for income maintenance   

    • Supplemental Security Income (SSI) 

    • Temporary Assistance for Needy Families (TANF) 

    • Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names)  

    • Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”) 

    • Public Housing Assistance including Section 8 subsidized housing

    • Federally funded Medicaid (with some exclusions)

    Any benefits* not included in the rule are excluded from consideration. In the state of Oregon, these include:

    • Medicaid for the treatment of an emergency medical condition;  
    • Oregon’s Cover all Kids Program
    • Oregon Health Plan coverage for youth younger than 21 (i.e., Medicaid and the Children’s Health Insurance Program, or CHIP).
    • Oregon Health Plan coverage for people who are pregnant including 60 days after giving birth (i.e., Medicaid and Citizen-Alien Waived Emergent Medical Plus, or CAWEM Plus).
    • Oregon MothersCare (OMC) program.
    • Emergency Oregon Health Plan coverage for people of all ages (i.e., CAWEM).
    • Special education services funded by the Individuals with Disabilities Education Act (IDEA) that Medicaid covers.
    • Early Head Start and Head Start/Oregon Prekindergarten.
    • Employment related childcare reimbursement.
    • School-based health services for school-aged children.
    • College provided resources like OSU’s Human Services Resource Center Food Assistance or textbook lending program.  
    • Free and reduced School Lunch Program (exception: the new rule would consider this if there was a referral to this program through SNAP).
    • Women, Infants and Children (WIC) supplemental nutrition program.
    • Commercial health insurance premium subsidies through Oregon’s Health Insurance Marketplace.
    • Oregon Food Bank programs and services.
    • Older Americans Act (OAA) programs.
    • State-funded programs to aid older adults and people with disabilities (e.g., Oregon Project Independence (OPI) program).
    • Medicare Part D Low-Income Subsidy (LIS).

    *This is not an exhaustive list

    Call the Oregon Public Benefits Hotline at 1-800-520-5292 for free assistance. See the USCIS press release for additional Information.

    Anyone with legal questions is strongly encouraged to seek qualified legal advice for their specific personal and family circumstances; please see the top of this page for appropriate resources.

    U.S Citizenship and Immigration Services (USCIS) Revised Policy on Unlawful Presence for Students and Exchange Visitors

     

    Updated August 4, 2020

    On July 31, 2020 DHS filed a motion to dismiss its own appeal of the lower court's decision. That means, USCIS has returned to applying prior policy guidance based on its unlawful presence memo issued on May 6, 2009. Under that prior policy which is now back in effect, individuals admitted for duration of status do not begin accruing unlawful presence until an immigration judge finds a status violation in the course of an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit.

     

    Effective August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) made fundamental changes to its policy on how an immigration status violation might lead to accrual of unlawful presence.

    International students, exchange visitors, and family members over the age of 18 in F, J, or M visa status may start accruing unlawful presence if they are in violation of their immigration status. Accumulation of unlawful presence may have severe consequences such as a 3-year, 10-year or permanent ban from entering the U.S.

    Failure to maintain status may include but is not limited to:

    • No longer pursuing the full course of study or program or related authorized activity to your course of study or program such as practical training, or by engaging in unauthorized activity such as paid or unpaid employment, or practical training.
    • Remaining in the United States after having completed your course of study or program including any authorized practical training plus authorized grace period.

    Being admitted for a date certain period on your Form I-94 (Arrival/Departure Record) and remaining in the United States beyond that date.

    USCIS officers consider information relating to your immigration history, including but not limited to:

    • Information contained in various systems available to USCIS including SEVIS;
    • Information contained in other government records; and
    • Information obtained through a Request for Evidence (RFE) when you apply for various immigration benefits such as Optional Practical Training (OPT), Change of Status etc.

    If you failed to maintain status before August 9, 2018, you start accruing unlawful presence based on that failure on August 9, 2018, unless you already started accruing unlawful presence on the earliest of the following:

    • The day after Department of Homeland Security (DHS) denied your request for an immigration benefit, if DHS made a formal finding that you violated your nonimmigrant status while adjudicating a request for an immigration benefit;
    • The day after the Form I-94 (Arrival/Departure Record) expired, if you were admitted for a date certain; or
    • The day after an immigration judge ordered you excluded, deported, or removed (whether or not the decision is appealed).

    Your family’s immigration status is tied directly to your status. When your authorized period of stay ends, so does that of your dependent family members. In some cases, family members’ period of stay may end earlier, depending on their conduct or other circumstances. 

    Family members in F or J status under 18 years of age generally do not accrue unlawful presence.

    FAQs About Executive Order 13788, “Buy American and Hire American”

    On April 18, 2017, a new executive order, Executive Order 13788, titled "Buy American and Hire American" was signed. In the "Hire American" portion of the executive order, the U.S. Departments of Labor, Justice, Homeland Security and State are directed to review current laws governing the H-1B program and suggest changes to prioritize the most skilled and highest paid positions. The federal agencies are also directed to review all visa programs and take action to prevent fraud and abuse in order to protect the interests of U.S. workers. The executive order does not specify dates by which these reviews or actions must take place. Read about Executive Order 13788 on whitehouse.gov.

    How does the Buy American and Hire American executive order impact H-1B visas?

    The executive order will have no immediate impact on H-1B visas. Most changes to the H-1B program would require legislative action by Congress. However, measures to prevent fraud and abuse could be implemented much faster by the federal agencies via policy changes.