Immigration Alert

Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 9/22/2025)

Carolyn Salter — Mon, 22 Sep 2025 13:13:51 +0000

Sept. 21, 2025: Presidential proclamation – Payment by employer of $100,000 fee for H-1B visa petitions FAQ (Updated 9/22/2025) Carolyn Salter Mon, 09/22/2025 - 07:13

Frequently Asked Questions (FAQ)

This FAQ provides general information based on ISSS’ understanding of currently available guidance. It does not constitute legal advice and does not address individual circumstances. ISSS will continue to update this FAQ as more information is available.

Late in the day on Sept. 19, 2025, President Trump signed a presidential proclamation instituting new entry restrictions on H-1B specialty occupation workers. Under this proclamation, in certain circumstances, approval of H-1B petitions, entry into the United States in H-1B status, and issuance of H-1B visas are prohibited unless the employer pays a $100,000 fee per individual petition.

On Sept. 20, 2025, at 12:58 p.m., the official White House rapid response account posted on X (formerly Twitter) that, “The Proclamation does not apply to anyone who has a current visa [and] does not impact the ability of any current visa holder to travel to/from the U.S.” Postings on X are not considered official government guidance.

On the evening of Sept. 20, 2025, the United States Citizenship and Immigration Services (USCIS) released and published official policy guidance stating that the presidential proclamation “only applies prospectively to petitions that have not yet been filed.”

On Sept. 21, 2025, the White House posted a “H-1B FAQ” on their website. Their FAQ clarifies that the $100,000 fee is a one-time fee that only applies to new H-1B petitions. It does not apply to petitions in which an employer is requesting an extension, amendment, or change of employer for an individual currently in the United States in H-1B status.

In the guidance and FAQ, the federal government clarified that the proclamation does NOT apply to:

H-1B petitions (applications) filed prior to the effective date of the proclamation (Sept. 21 2025 12:01 a.m EDT) or
Individuals who, based upon H-1B petitions that were approved by the USCIS prior to Sept. 21, 2025 (12:01 a.m. EDT):
- currently hold H-1B nonimmigrant status; or
- will be in H-1B nonimmigrant status; or
- will be applying for H-1B visas or
Individuals who currently hold valid H-1B visa stamps in their passports or
Petitions filed by employers to renew (extend) an individual’s H-1B status

When did this restriction take effect?

12:01 a.m. Eastern Daylight Time on Sept. 21, 2025 (which was 10:01 p.m. Mountain Daylight Time on Sept. 20, 2025).

For how long is the presidential proclamation’s entry restriction in effect?

According to the presidential proclamation, the entry restriction will be in place for 12 months starting on Sept. 21, 2025.

What H-1B petitions does this restriction impact?

The restriction will ONLY apply to H-1B petitions filed by employers with the USCIS on or after 12:01 a.m. Eastern Daylight Time (EDT) on Sept. 21, 2025.

What does the proclamation restrict?

For all H-1B petitions filed on or after Sept. 21, 2025, the proclamation restricts the approval of new H-1B petitions and issuance of new H-1B visas at U.S. consulates and embassies abroad based on those petitions unless the employer has paid the $100,000 fee (or an exemption applies).

Does this restriction impact the ability of H-1B status holders who are currently in the United States to stay here?

No. The restriction does not apply to individuals who are already in the United Status in valid H-1B status. This means that:

You are not required by the proclamation to depart the U.S. if you are in the United States in H-1B status.
Your employer is not required by the proclamation to pay the $100,000 fee for you to remain in H-1B status.

If an individual has a valid H-1B visa and/or approval notice and is outside of the United States and will not return until on or after Sept. 21, 2025, will the proclamation impact them?

No. The USCIS policy guidance clarifies that the restriction requiring payment of the $100,000 fee does not apply to individuals who currently have a valid H-1B visa or are currently the beneficiary of (the employee who benefits from) an approved H-1B visa petition. Contact your ISSS advisor if you have any questions.

What do I do if I am outside the United States at the time the restriction takes effect, and I have questions?

Communicate with your ISSS advisor.

If I am in the United States and am currently in H-1B status, can I travel outside of the United States?

Yes. The USCIS policy guidance clarifies that the $100,000 fee requirement does not apply to individuals who are beneficiaries of H-1B petitions that were approved prior to Sept. 21, 2025. Please contact your ISSS advisor before making travel plans.

Does this proclamation impact pending H-1B petitions?

No. The proclamation does not impact H-1B petitions filed prior to Sept. 21, 2025. The policy guidance clarifies that if a H-1B petition was filed prior to Sept. 21, 2025, even if it is approved after that date, the $100,000 fee requirement does not apply.

Does the proclamation impact academic (cap-exempt) employers, or only cap-subject employers?

The proclamation does not distinguish between cap-subject and cap-exempt employers. As the proclamation is written, the restriction applies broadly to all H-1B petitions and entries, including those filed by academic institutions, research organizations, and other cap-exempt employers.

Are there any exceptions to this restriction?

An exception only exists if the U.S. Secretary of Homeland Security determines that it is in “the national interest” to have the H-1B visa holder employed in the United States and doing so “does not pose a threat to the security or welfare of the United States.”

What is the process to apply for an exception?

The federal government has not yet stated what the process to apply for an exception will be.

If I am in the United States in valid H-1B status, does ��ɫ��Ƶ have to pay the $100,000 fee to file an application with the USCIS to extend my H-1B status?

No. The “FAQ H-1B” issued by the federal government states that the $100,000 fee does not apply to applications filed by employers to extend or amend an employee’s H-1B status.

If I am in the United States in another nonimmigrant status and was so as of Sept. 21, 2025, does ��ɫ��Ƶ have to pay the $100,000 fee to file an application with the USCIS to change my status to H-1B?

ISSS believes the answer is "no" based on wording in the proclamation, which states that the $100,000 fee appears to be required only if the employee who benefits from the H-1B petition is outside of the United States as of Sept. 21, 2025. However, ISSS is waiting for further guidance from the USCIS and will update this FAQ as soon as possible.

Are my dependents in H-4 status who are outside of the United currently allowed to reenter?

It is unclear how and if the presidential proclamation impacts dependents of H-1B visa holders or applicants. The USCIS policy guidance suggests that dependents of individuals who are eligible for H-1B status based upon petitions pending on or approved before Sept. 21, 2025, should be eligible to apply for H-4 visas and/or enter the United States without payment of the $100,000 fee. Please contact your ISSS advisor.

Does the proclamation invalidate or cancel currently valid H-1B visas?

No. The proclamation does not cancel or invalidate H-1B visas that are already valid. If you currently hold an H-1B visa in your passport, that visa remains valid through its expiration date.

Does this affect other visa categories?

No. The proclamation specifically references H-1B specialty occupation workers. No additional visa categories are referenced.

International Student and Scholar Services (ISSS)

At ��ɫ��Ƶ, we strive to ensure you feel welcomed, respected, and well-supported. If you have questions, concerns, or just want to chat, ISSS is here for you. You are a valued part of the ��ɫ��Ƶ community!

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.
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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Change in Department of State policy: Visa interviews required

Carolyn Salter — Fri, 19 Sep 2025 12:01:58 +0000

Change in Department of State policy: Visa interviews required Carolyn Salter Fri, 09/19/2025 - 06:01

On Sept. 18, 2025, the U.S. Department of State (DOS) changed their interview waiver policy for visa applicants. This change is effective Oct. 1, 2025. This new guidance replaces the previous guidance released on July 25, 2025.

As of Oct. 1, 2025, all visa applicants, including those under the age of 14 and over the age of 79, will require an in-person interview with a consular officer at a U.S. consulate or embassy abroad except:

Applicants applying for visas in the following categories: A-1, A-2, C-3 (with limited exceptions), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
Applicants for diplomatic- or official-type visas;
Applicants renewing a B-1, B-2, B1/B2 visa or Border Crossing Card/Foil (BBBCC/BBBCV for Mexican applicants) within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance and the applicant was at least 18 years old; and
Applicants renewing an H-2A visa in certain circumstances.

To be eligible for an interview waiver, visa applicants must also

apply in their country of nationality or usual residence;
have never been refused a visa (unless such refusal was overcome or waived); and
have no apparent or potential ineligibility.

This means that there likely will be major delays in obtaining visa appointments at the U.S. consulates and embassies abroad and in issuance of visas. Be sure to have a visa appointment scheduled prior to departing the United States if you need to apply for a new visa at a U.S. consulate or embassy to return.

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Sept. 11, 2025: Apply for nonimmigrant visa in country of nationality or residence

Carolyn Salter — Tue, 16 Sep 2025 18:20:08 +0000

Sept. 11, 2025: Apply for nonimmigrant visa in country of nationality or residence Carolyn Salter Tue, 09/16/2025 - 12:20

On Sept. 6, 2025, the U.S. Department of State (DOS) announced that, effective immediately, all applicants for nonimmigrant visas, including F, J, and H-1B visas, should schedule visa interview appointments only in their country of nationality or residence. In other words, applicants should not schedule visa appointments in countries where they are neither citizens nor residents.

According to the DOS announcement:

Anyone who applies for a visa in their country of residence, not their country of nationality (citizenship), will be required to provide proof of residency.
Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence “might find that it will be more difficult to qualify for the visa.”
Nationals (citizens) of countries without routine U.S. nonimmigrant visa operations must apply at the designated specific consulates.
Applicants seeking appointments outside their country of nationality or residence are likely to experience substantially longer wait times.

Therefore, ISSS strongly recommends that nonimmigrant visa applicants schedule interviews only in their country of citizenship or residence, not in countries they are visiting for personal or professional reasons.

ISSS advises you to read carefully our General Travel Advisory before planning any international travel and departing the United States. This new requirement and the recent change requiring nearly all applicants be interviewed for a visa, will likely increase wait times for visa interview appointments and processing times, especially in countries with high volumes. The DOS Global Visa Wait Times website provides current wait times for visa interviews at U.S. consulates and embassies worldwide

International Student and Scholar Services (ISSS)

ISSS at ��ɫ��Ƶ is here to support you. We want you to feel welcomed, respected, and valued in our community! Please reach out to us if we can be of assistance.

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Proposed rule eliminating duration of status (D/S) for F and J visa holders

Carolyn Salter — Mon, 08 Sep 2025 14:45:48 +0000

Proposed rule eliminating duration of status (D/S) for F and J visa holders Carolyn Salter Mon, 09/08/2025 - 08:45

ISSS understands that international students and scholars may have questions and concerns regarding the recently released proposed regulation that would eliminate the duration of status end date currently assigned to those entering the United States on an F or J visa. (You can find a summary of the proposed regulation on NAFSA’s website.)

Our campus is carefully reviewing the proposed regulation and expects to submit a formal comment that explains our concerns with the proposal during the 30-day comment period. ISSS will collaborate with campus and system leadership, the CU Office of Government Relations, the Graduate School, the Office of Undergraduate Education, the Research & Innovation Office, and other campus partners to support this effort.

Individuals may also submit comments about any proposed regulation. Included in the proposed regulation release are the following instructions to submit comments before the end of the comment period on Sept. 29, 2025:

Instructions: To submit your comments online, go to https://www.regulations.gov and insert “ICEB-2025-0001” in the “Search” box. Click on the rule that appears in the “Search Results.” Click on the “Comment” box under the name of the rule and input your comments in the text box provided. When you are satisfied with your comments, follow the prompts, and then click “Submit Comment.”

After the comment period, there are additional steps that occur before a proposed regulation becomes a final regulation. This government website explains the process. The final regulation may have different content than the proposed one. Therefore, ISSS is unable to speculate about what the final regulation will include when it is released, when this may occur, and what impact any final regulatory changes may have on an individual’s situation. ISSS will share updates when more information becomes available. ISSS understands that this proposed regulation may cause anxiety and stress. We encourage you to access the free campus resources listed below to help you navigate this uncertainty and any associated feelings.

International Student and Scholar Services (ISSS)

We want you to feel welcomed, supported, and safe throughout your time at ��ɫ��Ƶ and while you're in the United States. If you have questions or just need someone to talk to, ISSS is here to help. You can access both walk-in and remote advising services. Feel free to contact us via email at isss@colorado.edu or call us at 303-492-8057 during our regular office hours, Monday through Friday, 8 a.m. to 5 p.m.

For sponsored students, we also offer dedicated walk-in and remote advising. You can reach the Sponsored Student Advising team directly at sponsoredadvising@colorado.edu.

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:

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.

Thank you for choosing to be part of ��ɫ��Ƶ—we're glad you're here.

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U.S. visa reciprocity changes

Carolyn Salter — Wed, 30 Jul 2025 15:40:05 +0000

U.S. visa reciprocity changes Carolyn Salter Wed, 07/30/2025 - 09:40

The U.S. Department of State (DOS) issues visas for varying duration and with single or multiple entries, depending on the visa applicant's citizenship, as shown in the passport, and the visa type.

DOS recently reduced the visa validity for several countries’ new nonimmigrant visas to three months and only a single entry. 

The changes apply solely to new visas and do not impact visas already granted.

Travel

Given expanded vetting and unpredictable policy changes, the risks associated with travel should be assessed prior to making travel plans.

If your visa will be expired on your anticipated U.S. re-entry date, consider the risk associated with your travel and visa renewal.

You can check the duration and number of entries for visas being issued currently by accessing the DOS U.S. Visa Reciprocity webpage and clicking on your country and the type of visa.

Also be aware of the changes noted in the articles linked below.

Expanded visa vetting, social media review, and travel risks

Change in Department of State policy: Visa interviews required

U.S. entry restrictions for citizens of certain countries FAQ

Connect with ISSS

ISSS is closely monitoring news and policy changes that impact international students and scholars. Stay in the know by reviewing our Immigration Alerts & FAQs and reading ISSS emails and ISSS News.

Add our contact information to your cell phone for emergency situations:

Phone: 303-492-8057

General Email: isss@colorado.edu

Sponsored Student Email: sponsoredadvising@colorado.edu

Connect with us in an advising appointment, on Instagram, at a program, or by providing a suggestion.

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Expanded visa vetting, social media review, and travel risks: What international students and scholars need to know

Mitchell Brooks Wolfe — Wed, 16 Jul 2025 21:48:52 +0000

Expanded visa vetting, social media review, and travel risks: What international students and scholars need to know Mitchell Brook… Wed, 07/16/2025 - 15:48

On June 18, 2025, the U.S. Department of State announced new visa screening requirements that significantly impact F, M, and J visa applicants. These changes include intensified vetting, mandatory social media disclosure, and the requirement that applicants adjust all social media account privacy settings to "public." The new requirement is causing visa processing delays and is resulting in refusals under section 221(g) of the Immigration and Nationality Act (INA) while additional screening—referred to as administrative processing—is conducted.

��ɫ��Ƶ International Student and Scholar Services (ISSS) is closely monitoring these developments. In light of expanded vetting and the unpredictability of immigration policy changes, we strongly encourage international students and scholars to review travel plans carefully and take proactive steps to mitigate risk.

What’s New in Visa Processing?

Mandatory Social Media Disclosure and Screening

Social media fields on the DS-160 are now required.
Applicants must disclose all social media accounts and platforms used in the past five years, including accounts that are no longer active.
Failure to list a platform may lead to denial of the visa.
Consular officers may review your posts, tagged content, connections, and discrepancies between social media profiles and supporting visa application materials (e.g., LinkedIn or employment history).
Posts that could be interpreted as supporting terrorism, antisemitic views, threatening U.S. national security, or indicating previous visa violations may result in a visa denial.

Updated Visa Process Overview

Complete the DS-160 Form
- ISSS strongly encourages students to complete the DS-160 themselves. Accuracy is critical, and applicants must be familiar with all submitted information.
- Take a screenshot or print a copy before you submit, as the form cannot be reviewed or edited after submission.
- If you discover an error or omission after submission, submit a new DS-160 to correct it.
Pay the Visa Application Processing fee (DS-160) and schedule your visa interview
- Given longer processing timelines, schedule your interview as early as possible.
- If no appointments are available at the embassy or consulate where you intend to apply for your visa, you should regularly check the U.S. Consulate or Embassy’s website for updated visa appointment availability.
- You may be eligible to request an expedited/emergency Non-Immigrant Visa (NIV) appointment.
  - Review the website of the U.S. Consulate or Embassy at which you will apply for more information on expedited/emergency NIV Visa Requests.
  - If requesting an expedited appointment, prepare to explain that the next available semester is 5 months in the future. Delaying the program start date may impact your academic success.
    - Expedited appointments are never guaranteed.
Attend the interview
- Expect a brief interview (typically 1-3 minutes).
- Consular Officers often focus more on your verbal explanation than supporting documents. Be ready to verbally articulate:
  - Your intent to enroll full-time, complete your degree and return home after program completion.
    - What is Non-Immigrant Intent?
  - Your financial ability to fund your studies and the high cost of living in the city of Boulder.
  - Your reason for choosing your particular program and institution.
- Common visa denial triggers:
  - Omitted social media accounts.
  - Inconsistencies between your DS-160 and LinkedIn.
  - Scripted or vague answers.
  - Evidence of unauthorized employment
  - Pending immigrant petitions or family ties to the U.S. without a plan to depart after program completion.
Post-interview administrative processing
- You may be initially refused under INA 221(g) for further background checks. A refusal is not a denial.
- Visa turnaround can take up to a month if not longer, including administrative processing, printing, and shipping (if applicable).
- Stay in communication with ISSS if delays may affect your arrival.

Travel Considerations and Risk Assessment

ISSS acknowledges the many personal and professional reasons you may need to travel. However, given current enforcement patterns and unpredictable policy changes, we strongly advise you to carefully assess the risks before making the decision to travel.

Questions to Consider Before Traveling

Is there a U.S. entry restriction in place—or could one be implemented—for citizens of your country?
If detained or denied re-entry:
- Could you continue your educational or research activities remotely through completion of your program?
- Do you have a plan for handling personal affairs and dependents?
  - Ie. lease agreements, school enrollment for dependents, other contractual commitments.
Could your visa or entry be affected by:
- A prior visa revocation or immigration status violation.
- Legal infractions or arrests.
- Participation in protests while in the U.S.
- Social media history or affiliations.
- OPT unemployment limits (90 days for post-completion, 150 days cumulative for STEM OPT).
- Pending U.S. immigration benefit and visa applications that could establish immigrant intent.

Domestic Travel

Non-immigrants must carry proof of lawful status through immigration documentation at all times.
Recommended documentation includes
- I-94 Arrival-Departure Record or Permanent Resident Card (Green Card).
- Form I-20 or Form DS-2019.
- EAD card (if applicable).
To board domestic flights, a REAL ID-compliant ID is required.
- Colorado currently does not issue REAL ID-compliant licenses to all nonimmigrants, so a passport or an Employment Authorization Document (EAD Card) may be required.

Travel Outside the U.S.

Be aware: U.S. immigration policy can change rapidly. ISSS cannot guarantee your re-entry, even with valid documentation.

If you decide to travel:

Confirm that your passport and visa will be valid on the date of re-entry.
- At the time of entering the U.S., your passport should be valid six months beyond your intended period of stay in the U.S. (exceptions).
If you are in an authorized period of post-completion OPT or STEM OPT:
- Confirm your SEVP portal reflects accurate employer information.
- Ensure you haven’t exceeded the unemployment limit.
- Submit the Post-Completion or STEM OPT Employment Info Update e-form to ISSS if needed.
- Carry your EAD card and job offer letter when traveling.

Travel Signature Validity

Students and scholars in F-1 and J-1 status must have a valid travel signature on their form I-20 or DS-2019 to re-enter the U.S. in F-1 or J-1 status.

F-1: Signature valid for 12 months (6 months if on post-completion OPT or STEM OPT).
J-1: Signature valid for 12 months.
- Located in the lower-right corner of the DS-2019.
Request updated travel signatures via the MyISSS Portal:
- F-1: I-20 Reprint Request e-form
- J-1: DS-2019 Reprint Request e-form

While Traveling

Share your itinerary with a trusted contact in the U.S.
Carry original travel documents in your carry-on.
Be prepared for searches of electronic devices and social media scrutiny at the port of entry.
Check your I-94 arrival record immediately after entering the U.S.

Resources and Support

Web Resources

Stay Informed

Check your ��ɫ��Ƶ email regularly.
Review updates on our Immigration Alerts & FAQs webpage.
Schedule an advising appointment.

ISSS Contact Information

Phone: 303-492-8057
Email: isss@colorado.edu
Sponsored Student Advising: sponsoredadvising@colorado.edu

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REAL ID requirement for domestic travel in the U.S. FAQ

Mitchell Brooks Wolfe — Fri, 18 Apr 2025 21:52:49 +0000

REAL ID requirement for domestic travel in the U.S. FAQ Mitchell Brook… Fri, 04/18/2025 - 15:52

Effective May 7, 2025, travelers in the U.S. must present a REAL ID-compliant form of identification to board domestic flights. Below are answers to some of the most frequently asked questions to help you prepare for this new requirement. Since this is a new requirement, there may be additional updates or exceptions as implementation progresses. ISSS is actively monitoring this issue and will include updates in our e-newsletter as more information becomes available.

What is a REAL ID?

A REAL ID is a state-issued

driver’s license or identification card that meets increased security standards established by the federal government. Beginning May 7, 2025, travelers will need a REAL ID or another form of TSA-approved identification to fly domestically within the U.S.

In Colorado, the driver's license or state ID has a star in the top right corner to show it is REAL ID compliant.

Can international students and scholars get a REAL ID in Colorado?

Unfortunately, Colorado does not issue REAL ID-compliant licenses or IDs to individuals who are temporarily lawfully present in the U.S., including those in F-1, J-1, or H-1B status.

What are the alternatives if I can’t get a REAL ID?

The Transportation Security Administration (TSA) accepts several other forms of identification at airport checkpoints, including a foreign government-issued passport and U.S. Citizenship and Immigration Services Employment Authorization Cards (I-766) (EAD Card).

Please review the complete list of acceptable documents on the official TSA website.

What if I don’t have my passport with me at the time of travel?

This concern often arises during passport renewal or when applying for a visa to travel to a third country from within the U.S., particularly if the consulate is located outside of Colorado. For example, if your passport is temporarily held by your home country’s consulate during a passport renewal process, you may not have it available for your return domestic flight.

In this case, ISSS recommends:

Contacting your airline and the TSA at your departure airport in advance to explain your situation and ask if a certified copy of your passport will be accepted or if they can provide alternative guidance.
Contacting the consulate to inquire whether expedited processing is possible, allowing you to retain your passport prior to your return to Colorado.
Considering alternative transportation, such as train or car travel, if feasible.

Will there be any changes or exceptions to this requirement?

Because the REAL ID rule is still being implemented, there may be updates or exceptions announced by the federal government or TSA. ISSS will continue to monitor developments and will share relevant updates through our newsletter and website.

Legal Requirement to Carry Immigration Registration Document

Beyond the REAL ID requirement, 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, but historically it was rarely enforced.

We understand that this change may cause concern, particularly for international scholars and students without access to a REAL ID. As always, ISSS is here to support you. If you have questions about your travel plans or identification options, don’t hesitate to contact our office. We’ll continue to share updates as we receive them.

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March 11, 2025: Furloughs & impact on international visitors & employees FAQ

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

March 11, 2025: Furloughs & impact on international visitors & employees FAQ 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 ��ɫ��Ƶ 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 ��ɫ��Ƶ 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 ��ɫ��Ƶ 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 webpage with various immigration resources. ISSS resources are not exhaustive and should not to be construed as legal advice.

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

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Dec. 12, 2024: Updated Exchange Visitor Skills List released

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

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

On Dec. 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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