Below are updates from International Student and Scholars regarding the recent governmental actions. International students, scholars, and employees who have questions about these changes should contact ISSS. For other immigration-related matters, contact Immigration Response Team.
Over the last four years, we witnessed a difficult time for international students and scholars as there was a frequent feeling of uncertainty regarding whether new and challenging policy changes would be announced. With the inauguration of President Joe Biden, we (the staff of International Student and Scholar Services) are hopeful for more certainty ahead.
Looking forward, we wish to share some information:
We are thankful for each and every international student and scholar who has and continues to choose to study in the United States (and the University of Minnesota, in particular!). We are thrilled to work with you as you pursue your academic and personal dreams. The ISSS staff (and other offices at the UMN) continue to be here to answer your questions and help with any concerns you may have. Please email isss@umn.edu or complete our Phone Call Request Form if you wish to contact us.
On December 31, President Trump extended the previous immigration proclamations suspending the issuance of certain H-1B and other employment-based visas (see the announcements below from June 22 and August 12 for further information). These restrictions will not be in effect until March 31, 2021 (review this Wall Street Journal article for more information). It is not known President-elect Biden will take action related to this proclamation once he assumes office on January 20.
On December 1, a district court in California issued a ruling that set aside two interim final rules which had been announced by federal agencies on October 8: (1) a Department of Labor (DOL) rule which changed H-1B "prevailing wage" requirements; and (2) a Department of Homeland Security (DHS) rule which would have revised the definitions and standards for “specialty occupation." We celebrate this court ruling as a victory, as these rules would have had a significant negative impact on H-1Bs, both in education and private industry. The original ISSS announcement on this topic can be found here.
Please Note: This information included here only addresses individuals who currently have H-1B visas through the University of Minnesota. Individuals who have H-1B status through another employer will need to consult their employer or a private immigration attorney.
On October 8, the federal administration released new rules that impact H-1B sponsorship. The most immediate and significant change impacting University of Minnesota employees is a dramatic increase in the Department of Labor-calculated “prevailing wage,” or the minimum wage required to pay an H-1B employee in a particular occupation. You can read the full announcement here. We recognize these changes can be deeply frustrating to learn about, especially as they come with no warning. We sincerely regret the challenge this news can bring and are working to bring you accurate and timely information.
No immediate changes to wages are required for current H-1B employees. However, under established procedures, the new, higher wage calculation will be required for new applications or to obtain an extension of an H-1B status.
This change will significantly increase the cost for departments of employing H-1B employees, and is expected to have the greatest impact on salaries for Postdoctoral Associates and Researchers, though others will be affected as well. Each position has a different prevailing wage rate, and specific job details are required to calculate the required wage for any particular position. In general, however, a review of the new data for some of the most common occupations on campus shows an increase of more than $15,000 in the prevailing wage for each position.
Positions that are covered under a union-negotiated wage (such as the Duluth and Crookston faculty UEA), as well as Medical Residents and Fellows, will not be impacted by this change.
It is likely that there will be litigation related to these rule changes. We will be tracking this for the potential impact (including a possible reversal or temporary injunction of the change) and will keep you updated. Unlike the recent proposed changes for F/J visas regarding duration of status, this new rule is being enacted without a review or comment period, severely limiting our abilities to advocate against these changes before they go into effect.
ISSS will reach out to all departments and employees who have initiated the H-1B process, if we identify a prevailing wage problem. In the meantime, we encourage you to initiate H-1B requests as early as possible (up to 6-8 months in advance), and we ask that you provide documentation quickly and carefully, to help ensure that we are able to work with you on identifying solutions as early as possible.
USCIS has announced a plan to eliminate "duration of status" for international—a change that could create greater uncertain, complications, and expense for students/scholars and institutions. To learn more about the proposal and how you can submit a comment regarding the change, please review our updated webpage.
On June 22, President Trump issued a proclamation that suspended H-1B visa issuance for those outside the U.S. (see below for the original announcement). This proclamation is still in place. As a reminder, the proclamation does not apply to individuals who:
On August 12, the Department of State provided additional information regarding exceptions for certain travel in the national interest. Exceptions that are most applicable to U of MN faculty/staff and their families include:
On Friday (July 24), the Student Exchange Visitor Program updated the guidelines for this fall.
The two new items that most impact students at the University of Minnesota are:
We recognize that the ongoing issuance of guidance can be incredibly stressful, and we regret how late in the summer these announcements are coming. Please contact ISSS if you have specific questions (new students should email isssnew@umn.edu while continuing students should email isss@umn.edu or complete the Phone Request Form to talk to an advisor). We are here to support you.
On June 22, President Trump issued a Proclamation suspending entry into the U.S. for foreign nationals in certain temporary visa categories (H-1B, H-2B, L-1, and certain J-1 exchange visitors along with the dependent family members for all of these visa types). The proclamation goes into effect on June 24, 2020 and expires on December 31, 2020.
The proclamation does NOT apply to F/J Students, certain J-1 categories (including the visa categories used at the University of Minnesota: Student, Research Scholar, Professor, Short-Term Scholar, Alien Physician), Green Card Holders, or spouse/minor children of a U.S. citizen.
It also does NOT apply to individuals who:
We urge individuals who are in the process of applying for H-1B visas to reach out directly to their employers and employers' attorneys for advice. University of Minnesota H-1B visa holders can contact the appropriate H-1B staff person.
ISSS advisers are available to answer questions about the proclamation and the impacts. Please either send an email to isss@umn.edu or complete our phone call request form to make an appointment to talk to an adviser.
On May 29, a proclamation was issued by the U.S. government that bans the entry of certain F-1 and J-1 graduate students and visiting scholars from China effective June 1, 2020.
On June 1, ISSS sent an email to all UMN Chinese students and scholars on F-1 and J-1 visas with further information. The order does not include undergraduate students. Please review the email for more information, and we will provide further updates when appropriate.