Frequently Asked Questions

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 is and the structure of the United States government as it relates to laws 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 individualís situation is different, and the best course of action for each individual may vary depending on that personís particular situation. Be aware that as federal developments related to immigration occur, the information provided below may change.

Resources listed in these FAQs 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.

If you have questions regarding these FAQs, please contact Office of International Services in the Division of International Programs: (541) 737-6310.

Update on the Supreme Court Ruling on the Executive Orders on Immigration

On June 26,  the U.S. Supreme Court issued a preliminary decision on the executive orders on immigration issued in January and March. In its decision, the court addressed the nationwide temporary restraining orders, specifically related to the issuance of U.S. visas and travel to the U.S. by nationals from six countries: Iran, Libya, Somalia, Sudan, Syria and Yemen. The court also addressed decisions on refugee applications and refugee travel to the U.S. The court partially granted the federal governmentís request to lift the temporary restraining orders, but with specific exceptions. In its decision, the Court ruled that effective Thursday, June 29:

  • The 90-day travel restrictions announced by the executive order on March 6 "may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. All other foreign nationals are subject to the provisions of the executive order." The court referenced the following as examples as "bona fide relationships": (1) an admitted student to a U.S. institution of higher education; (2) a worker with a job offer from a U.S. entity; and (3) a lecturer invited to present to an American audience. 
  • The executive order "may not be enforced against an individual seeking admission as a refugee, who can credibly claim a bona fide relationship with a person or entity in the United States." The court also held that a refugee with a credible claim of a bona fide relationship to a U.S. person or entity may not be barred, even if the 50,000-person limit on refugees has been exceeded.

Full details have not been provided on how the Department of Homeland Security (DHS) will determine who has a ìbona fide relationship.î Further guidance from the U.S. Department of State and DHS is expected on how consulates and immigration officers at ports of entry will implement the decision.

The Supreme Court will hear the full case in its first session in October. OSU will provide future updates as more guidance is available.  

On June 26, 2017, the U.S. Supreme Court issued a preliminary decision on the executive orders on immigration issued in January and March. In its decision, the Court addressed the nationwide temporary restraining orders, specifically the issuance of U.S. visas and travel to the U.S. by nationals from six countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. The court also addressed decisions on refugee applications and refugee travel to the U.S. The Court partially granted the Governmentís request to lift the temporary restraining orders, but with specific exceptions effective June 29, 2017.

You can find additional information on the executive order on the U.S. Department of Homeland Security website.

The executive order applies to nationals of the designated countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) who are outside the United States as of June 26, who did not have a valid visa at 5 p.m. EST on June 27, and who do not have a valid visa as of 8 p.m. EDT on June 29.

Regardless of the executive order, a valid visa or other document permitting you to travel to and seek admission to the United States is still required for any subsequent entry to the United States. If you were present in the United States on June 26, 2017, the executive order will not apply to you when you apply for a subsequent visa.

Yes. Exceptions apply to the categories listed below:

  1. Lawful permanent residents;
  2. Any foreign national admitted to or paroled into the United States on or after June 26, 2017;
  3. Non-Immigrant visa classifications: A-1, A-2, NATO 1 though NATO 6, C-2, C-3, G-1, G-2, G-3, and G-4;
  4. Any foreign national who has been granted asylum, any refugee who has already been admitted to the United States, or any individual who has been granted withholding of removal or protection under the Convention Against Torture;
  5. Any foreign national who has a document other than a visa, valid on June 26, 2017 or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as an advance parole document;
  6. Aliens who present at the port of entry boarding foils, including YY or ZZ boarding foils, or transportation letters, including those documents issued to follow-to-join asylees.
  7. Any dual national of Iran, Libya, Somalia, Sudan, Syria, and Yemen who is traveling on a passport issued by a country other than one of those six countries.
  8. Any national who has obtained a waiver pursuant to the terms of the Executive Order or any individual covered by the portion of the injunction not stayed by the Supreme Courtís decision, i.e., ìforeign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.î
  9. Any individual seeking admission as a refugee who, before 8 p.m. EDT on June 29, 2017, was formally scheduled for transit by the Department of State. After 8 p.m. EDT on June 29, 2017, if a first-time refugee is issued travel documents, those documents are evidence that the refugee has been cleared for travel and the Executive Order will not apply.

Yes. Individuals within the United States with valid multiple entry visas on June 26, 2017 are eligible for travel to and from the United States, provided the visa remains valid and the traveler is otherwise admissible. All foreign nationals traveling with a visa must satisfy all admissibility requirements for entry.

Current students, current employees, foreign nationals who have been offered and accepted admission or employment offers by the university through ordinary University procedures are considered to have a ìbona-fide relationshipî with the university. Each student and employee is a valued member of our university community. OSU remains unwavering in its commitment to inclusive excellence, social justice, diversity of all kinds and the safety of all people. OSU is fully committed to support studentsí pursuit of their education and facultyís work in teaching and research. Student admissions, employee hiring and research assignment process has not changed in light of the Executive orders.

We strongly recommend that you carefully assess all international travel plans, including travel plans to unlisted countries, based on the: importance of the travel during this time of uncertainty; travel destinations; and immigration, U.S. visa, and U.S. residency status of the individual traveling.

Yes, but you should carefully assess all international travel plans, including travel plans to unlisted countries, based on the importance of the travel and the travel destinations.

There is a possibility of retaliatory restrictions by other countries on U.S. citizens. We are aware that Iran has made public statements that it is implementing reciprocal restrictions on U.S. citizens, meaning that U.S. citizens may not be allowed into Iran until the U.S. restrictions on Iranian citizens are lifted.

The executive order does not address travel within the U.S. If you must travel within the U.S be sure to travel with all your immigration related documents that support your lawful immigration status in the U.S.

The executive order may affect your familyís international travel, depending upon whether they are from one of the six listed countries, and meet the ìbona-fide relationshipî criteria. The Supreme Court explained, for individuals from the listed countries, a close familial relationship is required. A ìclose familyî relationship includes: a parent (including parent-in-law), spouse, child, adult son or daughter, fiancÈ(e), son-in-law, daughter-in-law, and sibling, whether whole or half. This includes step relationships. However, ìclose familyî does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law and any other ìextendedî family members.

A refugee will be considered to have a credible claim to a bona fide relationship with a person in the United States upon presentation of sufficient documentation or other verifiable information supporting that claim.

First, call your immigration attorney. If you do not have an immigration attorney, please see the list of potential resources at the end of these FAQs.

Second, contact the OSU Office of International Services in the Division of International Programs at (541) 737-6310. OSU cannot provide you legal advice but can provide you with a list of available resources.

The president has broad discretionary authority related to immigration and it is uncertain whether the executive order will be overturned.

No, the executive order applies only to entry to the U.S. The ability to apply for and extend current work visa status for eligible students and scholars or to apply for Lawful Permanent Residence or U.S. Citizenship from within the United States has not been impacted. The order does call for a review of the conferral of such immigration benefits to the affected groups.

Maintaining your current immigration status at all times is critical. If you have the ability to obtain a more durable immigration status such as Lawful Permanent Residence or U.S. Citizenship, taking steps to do so may improve your ability to remain in the U.S. and travel internationally in the future without interruption.

Each student and employee is a valued member of our university community. OSU remains unwavering in its commitment to inclusive excellence, social justice, diversity of all kinds and the safety of all people. OSU is fully committed to support studentsí pursuit of their education and facultyís work in teaching and research. Student admissions, employee hiring and research assignment process has not changed in light of the executive orders.

International students in the U.S who are eligible for research opportunities are not impacted by the executive order. Due to Export Administration Regulations (EAR), ß734.2(b)(2)(ii) on Deemed Export, some research restrictions apply to foreign nationals. Students with specific cases of concern should contact the Office of Equal Opportunity and Access. Additional information on Export Administration Regulations is available from the OSU Research Office's Office of Research Integrity or the U.S. Department of Commerce Bureau of Industry and Security.

Students with legal questions are strongly encouraged to seek prompt legal advice for their specific personal and family circumstances. Resources to find an immigration attorney include:

  • OSU ASOSU Legal Services ñ provides free attorney consultations directly to any OSU student, regardless of where the student is located. ASOSU Legal Services can be reached at (541) 737-4165 or http://asosu.oregonstate.edu/legal-advising
  • Oregon State Bar Lawyer Referral Service ñ initial 30 min. consultation for $35 with a member of the Oregon State Bar. Call (1-800-452-7636) or visit http://www.osbar.org/public/ris/
  • American Immigration Lawyers Association Immigration Lawyer Referral Service ñ provides referrals to immigration attorneys across the US. Visit http://www.ailalawyer.com/

 

FAQs About H-1B Visas

Information about Executive Order 13788, "Buy American and Hire Americanî

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.

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.

Temporary Suspension of Premium Processing for H-1B Petitions

On March 3, 2017, the United States Citizenship and Immigration Service, or USCIS, announced that beginning on April 3, 2017, it will suspend premium processing on all H-1B petitions for up to six months. For more information on this suspension, visit the USCIS website.

USCIS guarantees processing employment-related applications within 15 calendar days upon receipt of an additional $1,225 premium processing fee and Form I-907.

Employers have increasingly needed to request premium process given the eight to nine month-long standard processing times.

USCIS stated that this temporary suspension will help them to reduce overall H-1B processing times, including processing long-pending petitions, which they have not been able to process ìdue to the high volume of incoming petitions and the significant surge in premium processing requests over the past few years.î USCIS would also like to prioritize adjudication of H-1B extension of status cases that are nearing the 240-day H-1B extension work authorization deadline.

No. USCIS has previously suspended premium processing for H-1B applications. The most recent suspension was from March 26, 2015 to July 27, 2015, to implement the Employment Authorization for Certain H-4 Spouses Final Rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

Hiring departments may experience significant delays in bringing on new employees who need H-1B work authorization. It is highly recommended that hiring departments that have international hires requiring premium processing submit a complete H-1B application package to the Office of International Services (OIS) no later than March 15, 2017. As USCIS resumes the premium processing of applications after the six-month suspension on October 3, 2017, then OSU can file requests at that time for new and pending applications.

As long as an H-1B employee has a valid H-1B visa in the employeeís passport and re-enters the US before the expiration date on the employeeís visa stamp, the employee may travel internationally while observing guidance released by OSU leadership. H-1B employees who are currently pending approval of their H-1B extension applications may experience disruption to international travel plans, pending approval of their H-1B extension applications. Reminder: all foreign nationals, with the exception of Canadian citizens are required to present a valid visa stamp in their passport for entry into the United States.

Driverís license renewals may be delayed. The Oregon Department of Motor Vehicles will generally issue a temporary 30-day license to an H-1B employee who can show a petition has been filed for extension of their employment. When the H-1B employee can show a USCIS approval of their employment petition, Oregon Department of Motor Vehicles will generally issue a renewed license.

Yes. All H-1B employees are authorized to work for 240 calendar days while USCIS is processing their extension application.

Yes. Upon receipt of an additional $1,225 premium processing fee and Form I-907 submitted to USCIS no later than April 3, 2017, OIS may file for premium processing for any application that is currently pending with USCIS. There is no guarantee that USCIS will be able to process requests between now and April 3, 2017, and USCIS may return the premium processing fee if it is not able to take adjudicative action within the allotted 15 calendar days.

Please call the Office of International Services at (541) 737-3006 or email OIS.scholar@oregonstate.edu