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A federal judge permanently blocked a Trump policy change in how DHS calculates an immigrant’s “unlawful presence.”

Several college presidents sued the Trump administration over a policy change that amended how a foreign national’s “unlawful presence” in the U.S. is calculated to include more time, making it more difficult for many to stay in the U.S. They argued that the change would harm students, scholars, and others who sometimes temporarily lost legal status while switching schools and jobs. On February 6, Judge Biggs ruled that the change “impermissibly conflicted” with immigration law, and issued a permanent injunction against the policy.

The number of foreign students in the U.S. has decreased for the 3rd year in a row.

 A report from the Institute of International Education showed that foreign student enrollment in U.S. universities dropped by 1% compared to 2018, and the two years prior had drops of 7% and 3%. The drop in the number of students from China has been particularly sharp. Some schools pointed out the president’s rhetoric as one reason for the downturn. The Trump administration instead theorized that the drop was due to high tuition costs and not immigration policies.

Specifics on ‘unlawful presence’ for F-1 and J-1 students

Starting August 9, 2018, a new policy goes into effect for F-1 and J-1 holders. They will start accruing unlawful presence the day after they violate their status, get an order from a Judge they are out of status, or get a ruling from Immigration their status is denied.

New USCIS Policy on Accrual of Unlawful Presence and F, J, and M Nonimmigrants Takes Effect Next Week

USCIS’s new policy on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents will take effect next Thursday, August 9, 2018.

USCIS Automatic Termination of OPT for F-1 Students If They Transfer to Different School or Begin Study at Another Educational Level

USCIS reminded F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level automatically terminates their OPT, as well as their corresponding employment authorization document (EAD). USCIS will begin to enter the EAD termination date into its newly updated systems after receiving the information from ICE’s Student and Exchange Visitor Program (SEVP).1:46 AM

Trump’s Crackdown on Students Who Overstay Visas Rattles Higher Education

The New York Times reports that effective August 9, 2018, the Trump administration plans to crack down on international students and visitors who overstay their visas, stoking fears in the higher education community that President Trump’s aggressive immigration policies will hinder university efforts to attract the brightest minds from overseas.

From Haiti?

  1. The Department of Homeland Security (DHS) extended the designation of Haiti for Temporary Protected Status (TPS) for 18 months, through July 22, 2017. The 60-day re-registration period runs from today to October 26, 2015. DHS also extended the suspension of certain requirements involving employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010, earthquake in Haiti.

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https://californiaimmigration.us/f-1-student-petition-granted/

F-1 OPT can allow you to run your own company

State Department predictions for the F-2 visa category

State Department predictions for the F-2A visa category for FY2014, including the expectation that F-2A visas for Mexican nationals may retrogress in the spring of 2014. http://ow.ly/sx3NJ

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Out of F-1 Student Status? Find out how to get reinstated.

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