Immigration Alert

USCIS policy memo: Extraordinary matter of discretion - Approval of adjustment of status for U.S. permanent residency

Mitchell Brooks Wolfe — Wed, 27 May 2026 17:59:21 +0000

USCIS policy memo: Extraordinary matter of discretion - Approval of adjustment of status for U.S. permanent residency Mitchell Brook… Wed, 05/27/2026 - 11:59

05/27/2026

This summary is based on currently available information. It does not relate to any specific situation and should not be considered legal advice.

On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) released a policy memo reminding USCIS officers that “…adjustment of status is an extraordinary matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.” This is a significant change that will affect individuals who had been planning or intending to gain lawful permanent residence (“green card”) status without leaving the U.S.

While USCIS indicates this policy memo is consistent with existing laws, it represents a shift in its usual processing by indicating that adjustment of status is an “extraordinary” decision. The memo does not indicate a date that adjustment of status applicants will no longer be able to apply within the U.S. The memo also does not state USCIS’s stance on adjustment of status applications already in process.

Note that when the University of Colorado Boulder (��Ƶ) sponsors an international employee for U.S. permanent residency (“green card”) status, the last step in the U.S. permanent residency process belongs to the employee because it is their personal application not the university’s. This means that International Student & Scholar Services (ISSS) on behalf of the university can only provide general guidance about the process and is unable to provide personal legal advice.

For the last step in the U.S. permanent residency application process, there are two options, Adjustment of Status in the U.S. or Consular Processing at a U.S. consulate or embassy in the applicant’s home country. The recent USCIS policy memo reminds USCIS officers that they should evaluate applicants for adjustment of status on a “case-by-case basis” and “as a general matter the discretionary approval of such a request is extraordinary…”

While the memo does include a definition of “extraordinary,” USCIS instructs officers that they “…must consider and weigh all the relevant evidence in the record, taking into account the totality of the circumstances.” It is noted in the memo that maintaining one’s lawful immigration status in a dual intent nonimmigrant category (such as H-1B) is not sufficient on its own for the USCIS officers to warrant a favorable exercise of discretion.

Given this significant change in the government’s interpretation of an applicant’s eligibility for a discretionary grant of adjustment of status, ISSS highly recommends that international employees who have questions about the benefits, disadvantages, and/or differences between the two options, Adjustment of Status in the U.S. or Consular Processing at a U.S. consulate or embassy in one’s home country should consult with an experienced immigration attorney prior to making any decisions. ISSS has created a helpful summary of considerations when hiring an immigration attorney.

As always, ISSS is here to answer questions and support you!

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U.S. entry restrictions: Non-U.S. citizens present in Uganda, DRC, or South Sudan

Carolyn Salter — Tue, 19 May 2026 15:00:47 +0000

U.S. entry restrictions: Non-U.S. citizens present in Uganda, DRC, or South Sudan Carolyn Salter Tue, 05/19/2026 - 09:00

The U.S. Centers for Disease Control and Prevention (CDC) effective yesterday, May 18, 2026, has put in place “entry restrictions on non-US passport holders if they have been in Uganda, DRC, or South Sudan in the previous 21 days” because of the Ebola outbreak in the region. Continue to monitor the CDC website for updates.

As always, ISSS is here to answer questions and support you!

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USCIS benefit applications: Adjudication pause

Carolyn Salter — Tue, 21 Apr 2026 12:07:25 +0000

USCIS benefit applications: Adjudication pause Carolyn Salter Tue, 04/21/2026 - 06:07

The U.S. Citizenship and Immigration Services (USCIS) has paused adjudication of most immigration benefits requests/applications from individuals who were born in or are citizens of 40 countries (or having travel documents from the Palestinian Authority) included under the current travel bans (entry restrictions).

Under the USCIS policy, affected individuals may continue to file applications for immigration benefits, but USCIS will most likely not issue a final decision, such as an approval or denial. This pause affects a variety of applications relevant to international students, faculty, and staff, including applications for employment authorization, change of status from one nonimmigrant visa to another, and adjustment of status to that of a lawful permanent resident. The most recent update from the USCIS on this and related policies may be found on their website, Update on USCIS' Strengthened Screening and Vetting.

As always, ISSS is here to answer questions and support you!

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Carry immigration documents & report changes of address

Carolyn Salter — Tue, 24 Mar 2026 12:17:37 +0000

Carry immigration documents & report changes of address Carolyn Salter Tue, 03/24/2026 - 06:17

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 have a pending Optional Practical Training (OPT) application:
- 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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USCIS announces inflation adjustment to premium processing fees

Mitchell Brooks Wolfe — Tue, 20 Jan 2026 21:21:50 +0000

USCIS announces inflation adjustment to premium processing fees Mitchell Brook… Tue, 01/20/2026 - 14:21

Effective March 1, 2026, the U.S. Citizenship and Immigration Services (USCIS) filing fee for the Form I-907, Request for Premium Processing, will increase.

Impacted forms:
- Form I-765 (Application for Employment Authorization)
- Form I-539 (Application to Extend/Change Nonimmigrant Status)
- Form I-129 (Petition for a Nonimmigrant Worker)
- Form I-140 (Immigration Petition for Allien Worker).
A table of adjusted fees is available on the USCIS website.

This rule is effective on March 1, 2026. If you submit a request for premium processing postmarked on or after March 1, 2026, you must include the new fee for the specific benefit you are requesting. To request premium processing, you must submit Form I-907, Request for Premium Processing, and follow the form instructions.

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Jan 15, 2026: Pause of Immigrant Visa (“Green Card”) Processing for Citizens of Certain Countries

Mitchell Brooks Wolfe — Thu, 15 Jan 2026 22:22:55 +0000

Jan 15, 2026: Pause of Immigrant Visa (“Green Card”) Processing for Citizens of Certain Countries Mitchell Brook… Thu, 01/15/2026 - 15:22

U.S. Department of State’s Post on X Re: Immigrant Visa Processing Pause

On Jan. 14, 2026, the U.S. Department of State posted on their X account and on their website that they will be pausing immigrant visa processing for foreign nationals who are citizens of 75 countries. The federal government has not yet posted any additional or clarifying information on any websites.

Background

U.S. Department of State officials issue immigrant visas to individuals who will become U.S. lawful permanent residents (“green card” holders) when they enter the United States with the immigrant visas.

Please see the Frequently Asked Questions (FAQ) below for details about this pause. The FAQ is based on currently available information. It does not relate to any specific situation and should not be considered legal advice.

Frequently Asked Questions

How does the recently announced pause in immigrant visa processing affect foreign nationals who 1) are citizens of the 75 countries impacted, 2) are (or will be) international students or scholars at ��Ƶ, and 3) wish to enter the United States on nonimmigrant temporary visas such as F, J, or H-1B visas?

The immigrant visa processing pause does not impact U.S. Department of State issuing nonimmigrant visas for temporary stays such as H-1B, F-1, and J-1 visas. However, citizens of certain countries may be impacted by existing restrictions on the issuance of some nonimmigrant visas. Please read the News & Alerts section of the ISSS website for immigration updates related to existing entry and visa issuance restrictions for citizens of certain countries.

Do the entry restrictions impact a U.S. lawful permanent resident’s (“green card” holder’s) ability to remain in or enter the United States?

No. U.S. lawful permanent residents are not impacted by the presidential proclamations. They can enter the United States regardless of their countries of citizenship or birth.

Does the pause require an international student or scholar who is a citizen of one of the countries impacted by the immigrant visa processing pause to leave the United States?

No. The pause does not require anyone from one of the designated countries to depart the United States.

Has the U.S. Department of State indicated which 75 countries will be covered by the pause at U.S. embassies and consulates in immigrant visa processing?

Yes. The U.S. Department of State has listed on their website the countries subject to the immigrant visa processing pause.

When does the pause in immigrant visa processing for citizens of the designated countries take effect?

The U.S. Department of State indicates on their website that the pause will start Jan 21, 2026.

Does the pause impact ��Ƶ international scholars who 1) are citizens of one of the countries that will be under the pause, 2) are currently in the U.S. in valid nonimmigrant status (for example, H-1B), and 3) are applying for U.S. permanent residency based upon their employment at ��Ƶ?

No. Immigration visa processing by the U.S. Department of State is different than the application process for U.S. permanent residency via “adjustment of status” (Form I-485) with the U.S. Citizenship and Immigration Services (USCIS). The USCIS has not announced any pause in the processing of adjustment of status (“green card”) applications for citizens of certain countries.

Are resources available online to read more about the new immigrant visa pause by the U.S. Department of State?

As of now, the only information available is that on the U.S. Department of State's post
on X and their website

International Student and Scholar Services (ISSS) at ��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.

Please reach out to ISSS if we can be of assistance.

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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Dec 22, 2025: U.S. Entry Restrictions for Citizens of Certain Countries (Updated 1/1/2026)

Mitchell Brooks Wolfe — Thu, 18 Dec 2025 22:56:43 +0000

Dec 22, 2025: U.S. Entry Restrictions for Citizens of Certain Countries (Updated 1/1/2026) Mitchell Brook… Thu, 12/18/2025 - 15:56

Updated 1/1/2026

Presidential Proclamation Establishing U.S. Entry Restrictions

On Dec. 16, 2025, President Trump issued a presidential proclamation extending and modifying existing entry restrictions and instituting new entry restrictions for foreign nationals who are citizens of certain countries. Please see the Frequently Asked Questions (FAQ) below for details about these restrictions. The FAQ is based on currently available information. It does not relate to any specific situation and should not be considered legal advice.

Do the entry restrictions require an international student or scholar who is a citizen of one of the designated countries to leave the United States?

No. The restrictions do not require anyone from one of the designated countries to depart the United States. The restrictions do not affect the immigration status for those who are already present in the United States. The U.S. government will not ask them to leave the country if they maintain their current immigration status.

Do the entry restrictions impact a U.S. lawful permanent resident’s (“green card” holder’s) ability to remain in or enter the United States?

No. U.S. lawful permanent residents are not impacted by the presidential proclamations. They can enter the United States regardless of their countries of citizenship or birth.

How do the presidential proclamations affect foreign nationals who are citizens of Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen who are (or will be) international students or scholars at the University of Colorado Boulder and wish to enter the United States?

Citizens of these countries may only enter the United States as international students or scholars if they have a valid visa issued prior to June 9, 2025. This restriction was not changed by the presidential proclamation issued Dec. 16, 2025.

How do the presidential proclamations affect foreign nationals who are citizens of Burundi, Cuba, Togo, and Venezuela who are (or will be) international students or scholars at the University of Colorado Boulder and wish to enter the United States?

Since June 9, 2025, citizens of the four countries listed above are prohibited from entering the United States on B-1, B-2, B-1/B-2, F, M, or J visas if they do not hold a valid visa issued before June 9, 2025. This restriction was not changed by the presidential proclamation issued December 16, 2025.

How does the new presidential proclamation affect foreign nationals who are citizens of Burkina Faso, Mali, Niger, South Sudan, and Syria who are (or will be) international students or scholars at the University of Colorado Boulder and wish to enter the United States?

As of Jan. 1, 2026, citizens of the countries listed above are barred from entering the United States as international students or scholars if they do not hold a valid visa issued before Jan. 1, 2026.

How do the presidential proclamations affect foreign nationals who are citizens of Laos and Sierra Leone who are (or will be) international students or scholars at the University of Colorado and wish to enter the United States?

Citizens of these countries may only enter the United States as international students or scholars if they have a valid visa issued prior to June 9, 2025.

How does the new presidential proclamation affect foreign nationals who seek to travel on any travel documents issued or endorsed by the Palestinian Authority who are (or will be) international students or scholars at the University of Colorado Boulder and wish to enter the United States?

As of Jan. 1, 2026, any foreign nationals who seek to travel on any travel documents issued or endorsed by the Palestinian Authority are barred from entering the United States as international students or scholars if they do not hold a valid visa issued before Jan. 1, 2026.

How does the new presidential proclamation affect foreign nationals who are citizens of Angola, Antigua and Barbuda, Benin, Cote d ‘Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe who are (or will be) international students or scholars at the University of Colorado Boulder and wish to enter the United States?

As of Jan. 1, 2026, citizens of the countries listed above are prohibited from entering the United States on B-1, B-2, B-1/B-2, F, M, or J visas if they do not hold a valid visa issued before Jan. 1, 2026.

How does the new presidential proclamation affect foreign nationals who are citizens of Turkmenistan who are (or will be) international students or scholars at the University of Colorado Boulder and wish to enter the United States?

As of Jan. 1, 2026, citizens of Turkmenistan will be allowed to seek entry to the United States as nonimmigrants on B-1, B-2, B-1/B-2, F, M, or J visas. Since June 9, 2025, citizens of Turkmenistan who were seeking entry to the United States on one of the visas named above were barred from entering the United States if they did not have a valid visa issued prior to June 9, 2025

If a student or scholar is from one of the designated countries, does the new presidential proclamation revoke (cancel) their valid visa stamp in their passport?

No. The new proclamation does not revoke (cancel) or in any manner affect the validity of a current U.S. visa.

Do the entry restrictions apply to someone who is a dual citizen of one of the designated countries and another country?

No. The entry restrictions do not apply to an individual who is a dual citizen if they present a passport from a non-designated country (i.e. not one of the named countries) when entering the United States. The U.S. visa stamp must be in the passport from the non-designated country.

When do the new entry restrictions become effective?

The effective date of the new entry restrictions is Jan. 1, 2026.

Where is there information available about the previous entry restrictions that went into effect on June 9, 2025?

ISSS previously posted FAQs on our website about the entry restrictions which took effect on June 9, 2025.

Can an international student or scholar from one of the designated countries who currently has a valid visa leave the United States and reenter?

If the visa was issued before June 9, 2025 or is issued Jan. 1, 2026, depending on the country of citizenship (detailed above) and remains valid on the date of reentry to the United States, then the international student or scholar may use the valid visa to reenter the United States. However, the international student or scholar should reach out to ISSS for the most up-to-date information prior to departing the United States. Given the rapid nature of changes in U.S. entry and travel restrictions, foreign nationals from one of the designated countries should exercise caution and seriously consider potential risks when deciding to travel outside of the United States.

Are there any exceptions to the entry restrictions established by this presidential proclamation?

Yes. The presidential proclamation outlines the following exceptions to the entry restrictions:

Any lawful permanent resident of the United States
Any dual national of a designated country when traveling on a passport issued by a country not so designated
Any foreign national traveling with a valid nonimmigrant visa in the following classifications: A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6
Any athlete or member of an athletic team — including coaches, support personnel, and immediate relatives — traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State
Special Immigrant Visas for U.S. government employees
Immigrant visas for ethnic and religious minorities facing persecution in Iran

Can a citizen of one of the designated countries affected by the entry restrictions request a unique exception under the new presidential proclamation to apply for a visa on or after June 9, 2025, if special circumstances apply?

Yes. Under the new presidential proclamation, the U.S. Attorney General may grant an exception if she finds that the travel by the individual would advance a critical U.S. national interest involving the Department of Justice, including when individuals must be present to participate in criminal proceedings as witnesses. Also, on a case-by-case basis, the U.S. Secretary of State or the U.S. Secretary of Homeland Security may grant exceptions for individuals for whom he determines that the travel by the individual would serve a U.S. national interest. These exceptions are up to the discretion of the U.S. Attorney General, U.S. Secretary of Homeland Security, or U.S. Secretary of State.

If an international student or scholar believes that one of the stated exceptions may be applicable to their situation, whom should they contact for assistance?

For legal advice about an exception to the entry restrictions, ��Ƶ international students and scholars can reach out to the Colorado Law Immigration Clinic or seek the assistance of a private immigration lawyer or nonprofit legal services provider.

Can International Student & Scholar Services (ISSS) share who may be specifically impacted by this presidential proclamation and any future ones?

No. ISSS can provide information generally to the entire community about which groups of students are affected. To protect the privacy of our international students and scholars, we do not provide the exact numbers of individuals from specific, designated countries impacted by immigration policies. ISSS provides individualized advising and information to international students and scholars who may be affected. With any changes in immigration policies or rules that may affect international students’ and scholars’ visa status, ISSS sends email messages directly to those impacted and posts the information on their website as well.

Are resources available online to read more about the new entry restrictions?

On the White House website in the Executive/Presidential Actions section, is the text of the presidential proclamation.

International Student and Scholar Services (ISSS)

ISSS at ��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.

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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October 13, 2025: Apply for nonimmigrant visa in country of nationality or residence

Carolyn Salter — Mon, 13 Oct 2025 12:51:55 +0000

October 13, 2025: Apply for nonimmigrant visa in country of nationality or residence Carolyn Salter Mon, 10/13/2025 - 06:51

On Oct. 10, 2025, the U.S. Department of State (DOS) modified their previous announcement of Sept. 6, 2025, that 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 have scheduled 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.”
Fees paid for visa applications at a U.S. embassy or consulate outside of their country of nationality or residence will not be refunded and cannot be transferred.
In general, existing nonimmigrant visa appointments will not be cancelled.
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 ��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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U.S. Government Shutdown

Anonymous — Wed, 01 Oct 2025 12:00:51 +0000

U.S. Government Shutdown Anonymous (not verified) Wed, 10/01/2025 - 06:00

When the U.S. government has shut down temporarily in the past, the impact on the services provided by the U.S. Citizenship and Immigration Services (USCIS) has been minimal. This is because the USCIS charges fees directly for their services.

ISSS expects that the USCIS will continue to process immigration applications (including those for Optional Practical Training work permits) as normal. Applications to sponsor employees for future H-1B visa status or to extend their current H-1B status will likely be impacted by any government shutdown as that process involves the U.S. Department of Labor which is not a fee-based agency.

Furloughs & impact on international visitors & employees FAQ

Campus Resources

ISSS wants you to know you can always talk to us or use the other resources on campus. Here are some resources:

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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Furloughs & impact on international visitors & employees FAQ

Carolyn Salter — Wed, 01 Oct 2025 11:59:49 +0000

Furloughs & impact on international visitors & employees FAQ Carolyn Salter Wed, 10/01/2025 - 05:59

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 ��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 ��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 ��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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