Immigration Policy Updates for International Students and Scholars

DHS has posted a new interim final rule ending the practice of automatically extending employment authorization for certain individuals filing a renewal of employment authorization on or after October 30, 2025.  For clarification, the 180-day STEM OPT extension under 8 CFR 274a.12(b)(6)(iv) and the F-1 cap-gap provision at 8 CFR 214.2(f)(5)(vi) should not be impacted by this rule, as both are separately authorized by regulation.

A Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, was issued on September 19, 2025.  Part of the proclamation refers to a new $100,000 fee for certain H1b petitions. In October, USCIS clarified on its website who the fee does and does not apply to. 

Students and scholars with questions should reach out to an immigration attorney who is experienced with H1b petitions and related matters.

In September 2025 USCIS released a policy memorandum for USCIS officers which reaffirms guidance on public charge inadmissibility determinations.  Students or scholars with questions about what may factor into a public charge determination are recommended to speak with an experienced immigration attorney.

On September 6, 2025 the U.S. Department of State announced it is no longer accepting “third country nationals” for almost all nonimmigrant visa applications (there are exceptions for locations where embassy services are not available). “Third country national” refers to individuals applying for a visa outside their home country.  This is what the U.S. Department of State announced:

“Effective immediately, the Department of State has updated its instructions for all nonimmigrant visa applicants scheduling visa interview appointments:

• Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence.
• Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere.  See the list below to determine the designated location for NIV applications.”

More information is on the Department of State website. The website includes designated locations for non-immigrant visa processing where embassy services are not currently available. Students or scholars with questions should contact [email protected].

U.S. Department of State announced that, effective September 2, 2025, all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer with few exceptions granted.  This update indicates that F and J visa applicants are no longer eligible for a visa interview waiver (e.g. visa application via “dropbox”). 

This updated policy may lead to delays when scheduling a visa appointment.  Students and scholars should take this into account before international travel if their current visa is expired.

The Department of State (DOS) revised certain visa reciprocity schedules of a number of countries, reducing the visa validity to 3 months with single entry designation only (Note: According to DOS, visas that were issued prior to any reciprocity change should not be affected and would retain their validity as issued).  Visit the DOS Reciprocity Schedule for more information.

H.R.1 - termed the "One Big Beautiful Bill Act" - signed into law on July 4, 2025 imposes new immigration petition/application fees, which includes a "visa integrity fee," Form I-94 application fee, and other fees that will impact prospective and continuing international students. Visit sections 70008 and 70009 of  Title X – Committee on the Judiciary, Subtitle A — Immigration and Law Enforcement Matters, Part I — Immigration Fees in H.R. 1 at congress.gov.

A Department of State announcement on June 18 states that “Our overseas posts will resume scheduling F, M, and J nonimmigrant visa applications soon.  Applicants should check the relevant embassy or consulate website for appointment availability.”

It also notes that, “Under new guidance, we will conduct a comprehensive and thorough vetting, including online presence, of all student and exchange visitor applicants in the F, M, and J nonimmigrant classifications. To facilitate this vetting, all applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all of their social media profiles to ‘public.’”

Due to this new guidance, processing times may be longer. Students or scholars with questions should contact [email protected]

A June 2025 Presidential Proclamation, Restricting The Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats, restricts and limits the entry of nationals from 19 countries, potentially impacting students from certain countries.  Please know that you have our support.  If you have any questions or concerns please visit us during walk-in hours (Monday, Tuesday, and Thursday from 1-3:30pm) in Science Library G-40 or email [email protected] to schedule an appointment if you are not currently in Albany or cannot make it to walk-ins.  We can also schedule appointments over Zoom.

ISSS is aware of news reports that the U.S. Department of State has temporarily paused new student and exchange visitor visa interviews. It is reported that the U. S. Department of State is continuing with already scheduled visa appointments as scheduled. While there is limited guidance available at this time, news reports have stated that this pause is intended to be temporary while Department of State creates new social media vetting and screening protocols for visa applicants. 

New Students: If you already have a F or J visa appointment scheduled please attend the interview as scheduled. If you have not yet scheduled your visa appointment please continue to check your embassy for available appointments. If you have additional questions or concerns please contact us at [email protected].

Current Students: If you have upcoming international travel plans and your F or J visa is currently expired please consider the following:

• If you do not yet have a visa appointment scheduled, you may want to consider postponing your trip until visa appointments resume.
• Students with plans to travel to Canada, Mexico or adjacent islands may still qualify for automatic visa revalidation if their current visa is expired.  See our website for further details.
• Students with already scheduled visa appointments should be able to still attend them as scheduled.

If you have additional questions or concerns, please contact us at [email protected].

ISSS is monitoring reports stemming from this announcement about possible visa revocations for Chinese international students and scholars.  First, we want to reassure you that we are here to help support you.  At this time there is no clear information about how or when these revocations may take place.  We can say that generally if a visa is revoked a student or scholar should receive an email to the email address they used when first applying for the visa.  The Department of State also provides a Visa Status Check webpage to verify visa validity/cancellation. Please be aware that ISSS generally does not receive any notifications; they are typically only sent directly to the student or scholar.

Should you receive any messages from your embassy, Department of State, or any other federal official please contact our office for further guidance and support.  A visa revocation does not always mean that a student or scholar is out of status, but those whose visas are revoked should seek guidance based on their individual circumstances. We want you to know that you have our support as a valued member of our international student and scholar community.

If you have any questions please contact us at [email protected], or call the Office for New Americans, which is a legal referral hotline, at 800-566-7636 or [email protected].

DHS-USCIS News Release, “DHS to Begin Screening Aliens’ Social Media Activity for Antisemitism.”

In this release, DHS-USCIS states: “Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.”

Any student filing applications with DHS-USCIS should consider review of social media to now be part of the application process.  This additional step may lead to increased processing times, which students should factor into their plans by submitting applications as soon as they are eligible to do so.

If you have any questions please contact [email protected] or visit us during walk-in advising hours.

The federal policy, “Alien Registration Requirement,” went in effect on April 11.

This requirement does not apply to most F and J students, who completed their biometric registration when they applied for the visa and/or entered the U.S. and received their I-94.  It may apply to non-immigrant dependents who turned 14 years old in the U.S. and therefore need to (re)register with the federal government to complete this requirement. For more information visit USCIS and NAFSA: Association for International Educators.

Some students have asked about a footnote that refers to the need to carry immigration documents at all times.  This requirement is in reference to a section of the Code of Federal Regulations which is not itself new.  However, we strongly recommend students carry their documents (passport, visa, I-20/DS-2019 and I-94) whenever they are traveling both inside and outside the U.S.

Thank you for your attention to this important matter and if you should have any questions please contact [email protected] or visit ISSS walk-in advising hours.

What is a visa revocation?

If a visa is revoked it becomes invalid from the date it was issued. A consular officer or the Secretary of State can revoke a visa at their discretion. Once a visa is revoked it is no longer valid for entry to the United States. 

How will students know if their visa has been revoked?

If a visa is revoked the student or scholar should receive a notification from the U. S. Department of State or the U.S. embassy or consulate where the visa was issued. The notification usually goes to the email address provided at the time of the visa application. Visa revocation notices are sent only to F-1 or J-1 student themselves; the ISSS office is not notified of a visa revocation independently. The U. S. Department of State also provides a Visa Status Check webpage to verify visa validity/cancellation.

What is a SEVIS Status termination?

According to the U. S. Department of Homeland Security (DHS), termination of a SEVIS record could indicate that the nonimmigrant no longer maintains F or J status. Designated school officials (DSOs) may terminate SEVIS records of F-/J-1 students or scholars who do not maintain their status, though the U. S. Department of Homeland Security may also terminate SEVIS records directly. Some consequences after a SEVIS record termination are 1) the student or scholar (and possible SEVIS dependents) loses all on- and/or off-campus employment authorization 2) the student or scholar (and possible SEVIS dependents) cannot re-enter the United States on the terminated SEVIS record and 3) DHS enforcement agents may investigate to confirm departure from the US. 

How will students or scholars know if their SEVIS record has been terminated?

The ISSS office reviews SEVIS records regularly to identify any record terminations conducted administratively by DHS. If ISSS finds that a particular SEVIS record has been terminated by DHS, we will notify the respective student or scholar immediately. 

During times of global change and shifting immigration policies we recognize the unique challenges that international students and scholars face, particularly when planning travel. Your safety, success, and peace of mind are priorities. We encourage all students and scholars to stay informed, remain cautious with travel decisions, and reach out to ISSS for support when needed.

If you are considering international travel, be aware of the potential for extended visa processing times, increased screenings upon reentry, and possible policy changes that may occur with little notice. Carefully review your travel documentation—including your valid passport, visa, I-20 or DS-2019 with a recent travel signature, proof of enrollment, and funding documents. Be prepared to answer questions from border officials about your studies, travel history, and purpose of entry. Additionally, be mindful of your digital footprint, as electronic devices and social media may be reviewed.

To help you navigate these circumstances, we recommend the following:

How is ISSS responding:

1. We are regularly reviewing and assessing the potential impacts of immigration policies
2. The ISSS website contains up-to-date information, resources and guidance to help international students and scholars stay informed and maintain status
3. We are providing adapted advising, programs and support services to address pertinent and time-sensitive issues

• Consult an ISSS advisor well before finalizing travel.  Visit ISSS during normal walk-in advising hours on Monday, Tuesday, Thursday and Friday from 1 to 3:30 p.m. or email [email protected] to arrange an alternate mode of meeting.
• Exercise caution, ensure all documents are in order before travel, and reconsider non-essential travel, especially if you've had legal interactions or are from a country previously subject to travel restrictions.  Additionally, take into consideration any research you are conducting in potentially sensitive subject areas.
• Prepare for visa appointment delays and allow time for administrative processing if applying abroad.
• Stay calm and respectful during visa interviews and US Port-of-Entry inspections, and be prepared for screening and review of your electronic devices and related content.  Request help if needed.

Campus resources remain available to support you. These include immigration advising, contact numbers for travel-related issues, regular email updates with the latest policy news, and personalized consultations for assessing travel risks. We urge you to check the ISSS website and your UAlbany email frequently for updates. Contact the ISSS  office with any questions or concerns.

• Student Health Services (SHS)
• Counseling & Psychological Services (CAPS)
• ProjectAccess (School of Education)
• Health & Well-being
• Dean of Students and Student Emergency Fund

• International Student and Scholar Services - Know Your Rights, Legal Help and Student Safety
• SUNY Protocols for Interacting with Law Enforcement
• Immigrant Legal Resource Center - Red Cards
• NYIC