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 or proclamation is and the structure of the United States government as it relates to laws, proclamations 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 individual’s situation is different, and the best course of action for each individual may vary depending on that person’s particular situation. Be aware that as federal developments related to immigration occur, the information provided below may change.
Resources listed on this page 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: (541) 737-6310.
Effective August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) made fundamental changes to its policy on how an immigration status violation might lead to accrual of unlawful presence.
International students, exchange visitors, and family members over the age of 18 in F, J, or M visa status may start accruing unlawful presence if they are in violation of their immigration status. Accumulation of unlawful presence may have severe consequences such as a 3- year, 10- year or permanent ban from entering the U.S.
Failure to maintain status may include but is not limited to:
USCIS officers consider information relating to your immigration history, including but not limited to:
If you failed to maintain status before August 9, 2018, you start accruing unlawful presence based on that failure on August 9, 2018, unless you already started accruing unlawful presence on the earliest of the following:
Your family’s immigration status is tied directly to your status. When your authorized period of stay ends, so does that of your dependent family members. In some cases, family members’ period of stay may end earlier, depending on their conduct or other circumstances.
On September 24, 2017, a proclamation was issued expanding upon Executive Order 13780 related to the entry of foreign nationals from specified countries into the United States. This proclamation designated some or all nationals from eight countries as restricted from entering the United States. The restrictions vary and are country-specific. The eight countries specified are: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. Sudan, which was included in Executive Order 13780, is no longer included in the travel restrictions.
Individuals from Chad, Iran, Libya, Somalia, Syria, Yemen and Venezuela with a valid F or J visa are exempt from these new restrictions and may still seek entry into the United States, but may be subject to additional security screenings or document vetting. Individuals with cause to apply for an F or J visa, but do not currently possess such a visa, may be eligible for entry to the U.S. via a waiver, though the proclamation is unclear on the process for such determination. All individuals from North Korea, regardless of relationship with a person or entity from the United States, are barred from entering the U.S. as of October 18, 2017. Individuals from Syria who do not currently have a valid visa, nor a reason to be potentially granted a waiver to obtain an F or J visa, will also be barred from entering the U.S. as of October 18, 2017.
The proclamation provides 10 potential bases upon which consular and immigration officials may grant waivers on a case-by-case basis. In most situations, individuals from the eight specified countries will need to show that denying them entry to the United States would place an undue hardship on an individual, and that individual would not pose a threat to U.S. security. More details about the potential bases for waivers can be found in Section 3c of the proclamation.
The restrictions put in place by this proclamation will remain in effect indefinitely. The list of impacted countries will be reviewed every 180 days, and countries will be removed from this list only after providing information requested by the Secretary of Homeland Security “or until the Secretary of Homeland Security certifies that the country has an adequate plan to do so, or has adequately shared information through other means.”
Please refer to the U.S. Department of State's New Court Order on Presidential Proclamation and FAQs below for specific information related to this new proclamation.
A non-immigrant visa is a stamp or sticker affixed onto a passport page. It enables the passport bearer to request admission into the United States in a specific immigration status that reflects the intention for a non-immigrant’s stay in the United States. A valid visa stamp is not required to maintain immigration status inside the United States. A visa stamp can be issued only outside the United States at Department of State embassy or consular post.
Immigration status is an individual’s legal standing in the United States, related to their nonimmigrant visa category, which are represented by letters and numbers, e.g. F-1, J-1, H-1B, etc. Each category has different benefits, responsibilities, and governing regulations. Once in the United States, immigration status must be maintained by following rules and regulations for that nonimmigrant category.
Current students, current employees, foreign nationals who have been offered and accepted admission or employment offers by the university through ordinary University procedures should be considered eligible for a visa required to attend the university, with the exception of those from North Korea. 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 students’ pursuit of their education and faculty’s work in teaching and research. Student admissions, employee hiring and research assignment process has not changed in light of the proclamations and 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 and North Korea have made public statements that they could be implementing reciprocal restrictions on U.S. citizens, meaning that U.S. citizens may not be allowed into these countries until the U.S. restrictions on their citizens are lifted.
The proclamation 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 proclamation may affect your family’s international travel, depending upon whether they are from one of the eight listed countries, and meet the certain criteria. The Supreme Court explained for individuals from the listed countries, a close familial relationship is required. A “close family” relationship includes a parent, spouse or child, and may include other relationships on a case-by-case basis.
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.
H-1B visas will no longer be issued for citizens of Iran or Syria who are outside the U.S. Applications to change, extend, or transfer H-1B status from within the U.S. continues to be possible. Please contact the Office of International Services for questions on this matter.
No, the proclamation 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.
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 students’ pursuit of their education and faculty’s work in teaching and research. Student admissions, employee hiring and research assignment process has not changed in light of the proclamations or executive orders.
International students in the U.S who are eligible for research opportunities are not impacted by the proclamation. Due to Export Administration Regulations (EAR), §734.2(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.
Anyone 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:
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.