Hello GAIE,
 
Drew, your advocacy rep here!  I’m sure you’ve all heard the news at this point that DHS is considering replacing the “duration of status” (or “D/S”) that is normally given to all of those who hold F-1 and J-1 status with a time limit. Eliminating the duration of status would put students and scholars at the risk of accruing unlawful presence, and give them even more reason to not feel at ease with studying or researching in the United States.
 
While we expect NAFSA to have more advocacy down the road, a good first step would be the following: Please forward the message below from NAFSA's Vice President for Public Policy & Practice, Bonnie Bissonette, to your federal relations officer or government affairs professional on your campus. Let him or her know that you can be a resource on this duration of status issue.  
 
And per my previous email, don’t forget to sign up for NAFSA’s Advocacy Day!  Now more than ever, we need to give our congressional representatives concrete facts on these incredibly important issues impacting both our international students and scholars, and the educational missions of our universities.

The federal government has been very busy the last few days, coming up with two major policies that will heavily impact the lives of our students and scholars.
 
SEVP Fee Increase Proposal
The first piece is a policy proposal that was just published this morning.  This proposal would see an increase of the following fees related to the Student and Exchange Visitor Program.
 

1. An increase of F and M I-901 (SEVIS) fee from $200 to $350.
2. An increase of J exchange visitor’s I-901 fee from $180 to $220. **J-1 au pairs, camp counselors, or those in the summer work or travel program categories will not see an increase from their current fee of $35.**
3. An increase of initial school certification petition from $1,700 to $3,000.
4. A new $1,250 fee for a school to submit a recertification petition
5. Other additional fees contained in the link below:

 
https://www.federalregister.gov/documents/2018/07/17/2018-15140/adjusting-program-fees-for-the-student-and-exchange-visitor-program
 
The link also allows for you to submit a formal comment, until 09/17/2018.  As always, keep them professional but be honest about the impact you feel these fee increases will have, particularly on our students and scholars, who are already burdened enough as it is.
 
USCIS Policy on Denials w/o RFE or NOID
The second piece is a substantial update of USCIS’s policy of issuing Requests for Evidence(RFEs) and Notices of Intent to Deny (NOIDs), scheduled to take effect on September 11, 2018.  Full details can be found here.
 
Per USCIS, “The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as ‘placeholder’ filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence. “
 
This could mean that, if a piece of information is not included in a petition/application, a USCIS adjudicator would have full discretion to deny it without any ability for us to rectify the case.  This is replacing a 2013 policy memorandum which instructed adjudicators to send an RFE/NOID unless there was “no possibility” of approval. In conjunction with the new USCIS policy on issuing Notices to Appear (NTAs) to those who appear to be out of status (thereby initiating deportation proceedings), the situation could spiral even further if they feel that the student/scholar is out of status and issue a denial and NTA, without giving them a chance to prove otherwise.
 
This could also lead to petitioners/applicants having to pay another fee for a new petition/application so that they can submit the form with the correct information missing in the previous one. So now, USCIS would get twice or three times the money instead of allowing us to correct the petition/application the first time around.  These are of course more extreme scenarios and it will definitely be based around whom the adjudicator is. OPT applicants should be cautioned to make sure their applications are airtight and I would recommend any employment-based or green card petitions have secondary reviewers in any office that is submitting them.
 
As always, please contact me if you have any questions and I hope this has done these updates justice.  I know it’s a lot these days, but we have to meet these challenges head on and not just throw our hands up in the air.
 
Best,
Drew

​You may have just heard that the Supreme Court has upheld the Trump administration’s third version of its travel ban. As I’m sure there is a lot of information out there that you’re hearing, I wanted to make clear exactly what this means using the chart below.  Importantly, the ban gives different restrictions on issuing visas to each country.  No matter the country, there are exceptions to this ban that are listed below. Students will be affected, though mostly through enhanced screening.  F, J, and M’s are not given outright denial of entry.
 
Exceptions to the travel ban:

1. Any U.S. Lawful Permanent Resident (the references to “immigrants” being banned below I think is in reference to those seeking immigrant visas, but not holding permanent residency status yet.)
2. Anyone admitted or paroled into the U.S. on or after the effective date
3. Holders of certain other valid travel documents that are valid on the effective date
4. Dual nationals traveling on passport issued by a non-designated country
5. Diplomatic, NATO, C-2, or G visa holders
6. Foreign nationals granted asylum or already admitted as refugees,, or those granted withholding of removal, advance parole, or protection under the Convention Against Torture (CAT)

 
Below is the full breakdown by country for each restriction:

The administration has stated that countries may be removed from the ban list by meeting certain criteria with respect to “identity-management information’, “national security and public safety information”, and “national security and public-safety risk assessment”.  Those who are impacted can apply for waivers in one of the following instances:

1. Denying entry would cause the foreign national undue hardship;
2. Entry would not pose a threat to the national security or public safety of the United States; and
3. Entry would be in the national interest.

 
I hope this helps and I’m sure there will be a lot of misinformation going around.  This is not a legal document, of course, and you can always check with immigration attorneys to double check on this information.

From Katie O’Connell, Director, Advocacy and Media Outreach, NAFSA
Path for Simon Study Abroad Bill in the Senate
This week is a critical moment in NAFSA's efforts to pass the Senator Paul Simon Study Abroad Program Act (S. 601). The Senate is currently drafting their version of the reauthorization of the Higher Education Act (HEA), and the best path forward for the Simon bill is to be included in it. You can help build support for the Simon program's inclusion in the HEA by asking your Senator to cosponsor the Simon bill now! 

WHAT YOU CAN DO
1.  Have 2 minutes? Email your Senators and urge them to cosponsor the Senator Paul Simon Study Abroad Act (S. 601).
2.  Have 2 more minutes? Tweet at your Senators to urge them to cosponsor the #SimonBill and publicly show your support for study abroad.     
3.  Have 5 more minutes? Call your Senators to urge them to cosponsor the bill.

​
From Region VII:
NAFSA Advocacy Day: there’s still time to join your Fellow NAFSA's for Advocacy Day on March 19-20 in Washington, D.C.! After a day of training and strategizing, you will head to Capitol Hill to help educate Congress on how international education impacts our state and districts and why we need a more globally engaged and welcoming United States.  Personal meetings will be scheduled for you with your elected officials and their staff in both the Senate and House of Republicans. As I’m sure you all know, this is an especially important time in our country to be a part of this! 

Subject: DL Denials at DDS Centers in GA
Contributor: Brett Reichert, Georgia State University
 
Dear GAIE Colleagues who work with international students and scholars,

Update (08/23/2017): Good news. I have an update from the legal counsel for DDS regarding the DL’s renewal issue for individuals with lawful presence and expired visas.  We had a positive conversation last week about some of the various federal regulatory, statutory, political and state level issues around this dilemma. 

"8/21/17: Thank you for following up.  We are still waiting on something official from DHS.  However, until we receive the official response from Homeland Security we have authorized our DDS locations to issue to customers who present an unexpired foreign passport with a valid I-94 and document with a period of authorized duration of stay (F1, J1, I-20...)  The customers still have to clear SAVE and present other required documents for residence, SSN denial, etc."
 
It seems like those who have been denied a DL for expired visas can now try again with the expectation of issuance. I would be interested to know if you hear of continued denials. 

--------------------------------------------------------------------------
Original Post: 
I wanted to send an update to my July 20th post asking for input on denials of GA driver license renewals for Georgia international students and scholars.  I’ve now heard from campuses across the state, so the issue is no longer just in metro Atlanta.   

• July 21: DDS at many metro Atlanta locations denied DL renewals based on lack of a “valid U.S. Visa,” and I began hearing from our students. They were told they had to return home and get a new visa in order to renew a routine state benefit (GA DL). As everyone knows, an expired visa doesn’t negate lawful presence if status is maintained and is no basis to deny a state benefit. Naturally, denials of this kind are growing daily as more and more visas expire despite the presentation of documents to show  lawful presence and valid ID by the DDS customer.  
• July 22: I emailed several examples to an internal DDS central issuance contact, who elevated it to the DDS Legal Counsel (contact below). I shared my  interpretation of the problem and solution. DDS did not indicate a willingness to look further into the issue or seek out any guidance on the possibility for change.
• August 8: I summarized the issue in an email to Holly Williams, SEVP Field Rep. She kindly acknowledged the email and indicated she would reach out to the SEVP point of contact for DMV issues. The USG has also been made aware of feedback I received from system schools.
• August 9: I learned that AILA (Am. Immigration Lawyers Assn.) is also well-aware of the issue as many of their members are working on responses for their clients (primarily H1-Bs and other visa holders).
   
  What I learned from DDS:
• DDS service centers use an internal document called “Secure Driver’s License & ID” (see below). It is based on the 2005 Real ID Act https://www.dhs.gov/real-id, which is optional for states.  
• This act “does not apply to being licensed by a state to drive” as indicated on the DHS FAQ at: https://www.dhs.gov/real-id-public-faqs .
• The actual wording of the act at Sec. 202.c (2)(B)(v) states that evidence of lawful status is required to issue a DL by way of a “valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States.” This seems to be the point of confusion since GA DDS interprets this, for whatever reason, to mean “a valid visa.” Note that the Act says “or” not “with” as on the GA DDS checklist (attached).  Said requirement of the Real ID act is obviously satisfied at the port of entry, regardless of when the visa expires later. Here is the PDF of the full Real ID Act: https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf
   
  DDS replied that “they had not been contacted by DHS or USCIS to tell them to disregard federal regulations.”   
   
  How can international advisors help?
• Be empathetic and redirect international student and scholar frustrations to DDS.
• Assure them they are not alone and that this is a known, issue beyond our control but complaints are growing.
• Remind them they can drive with an unexpired foreign DL or use alternate transportation when possible.
• Suggest trying to renew the DL at a more remote or rural location. It seems those are more likely to be approved since practice seems to be inconsistent.
• Inevitably, there are situations when the individual may have to drive with an expired DL if DDS refuses to renew it. In that case, be sure to remind them you don’t recommend that choice, but that if they must make that choice, they must be prepared to take responsibility if they come into contact with law enforcement via a speeding ticket or accident, for example.
• The internal DDS central issuance is powerless over this particular situation, but you are welcome to make him aware so he can forward your message: Adnan Dadovic: [email protected]
• File a complaint directly to DDS through their website. Reassure the int’l customer they should have no fear in using this tool and that it won’t affect their status. The form is here at the bottom: https://dds.georgia.gov/contact-us
• File a duplicate complaint to the office of the Attorney General for the State of Georgia, Christopher Carr. The AG is ultimately in charge of legal policies and complaints for state agencies. The eform is here:  http://consumer.georgia.gov/form/consumer-complaint/step1
• File a complaint via email to DDS Legal Counsel:

                               Angelique B. McClendon
                               General Counsel
                               Georgia Department of Driver Services
                               (678) 413-8769
                               [email protected]

• Inform your campus legal office of this issue in case DDS customers on your campus complaint to that level.
• If you have DDS customers who want to take stronger action and have the means to do so, they could hire an immigration attorney at their expense.
• If they are planning to visit home over the winter break anyway, they would have to renew their visa then to re-enter, and that would circumvent the problem.

 
Separate Issue:
Regarding DDS’s refusal to issue DL’s through the grace period of an initial I-20 or DS-2019, and their refusal to renew DL’s during a pending OPT application that is receipted within the grace period, those are separate issue. DDS doesn’t seem to recognize or be concerned with unnecessarily stranding those customers either despite lawful presence. One way to advise on this is to recommend that OPT applicants select an employment start date the day after their program end date. That may help reduce driving woes for this population until DDS is authorized to address this harmful issue.        

The past two executive orders have had a "chilling effect" on international students studying, or considering, higher education in the United States. A recent survey by AACRAO shows how institution numbers are already being impacted by the EOs. 
 
http://www.aacrao.org/docs/default-source/TrendTopic/Immigration/intl-survey-results-released.pdf?sfvrsn=0
 
Take action and be an advocate: Consider contacting your local representatives to a request a statement be made on the value and importance of international students in the U.S.

Contributor: Alyssa Zasada
Affiliation: University of Georgia
Topic: Study Abroad Options for Technical Colleges
 
The words “study abroad” and “technical colleges” are not often found in a sentence together, but that is beginning to change.  Study abroad used to be viewed as a facet of four-year institutions, however, there has been an increasing focus on international education within the Technical College System of Georgia (TCSG) as part of its mission to build a “globally competitive workforce.” [i]  The following institutions have found a way to develop study abroad programs that fit the needs of TCSG students.  If you are looking to establish study abroad at your institution, their programs can serve as examples and guides. 
 
Additionaly, students at any TCSG institution can apply to participate in these study abroad trips and receive credit towards their program of study because of standardized curriculum across the state.  Below I give an overview of three existing opportunities within TCSG as well as a USG program through which individuals can study abroad as transient students.  All four programs remove barriers to international education, allowing technical college students in Georgia the opportunity to develop global competencies through study abroad.
 
Gwinnett Technical College
http://www.gwinnetttech.edu/programs/study-abroad/
 
For several years, Gwinnett Tech has offered an annual spring break program to countries such as Spain, Italy, and Scotland.  In 2017, students will have the opportunity to study abroad for two weeks or a full year at Robert Gordon University in Aberdeen, Scotland.  The two-week program will take place during the summer and will be designed around participating students’ programs of study.  Estimated cost is $3,500, which includes airfare, housing on campus, most meals, ground transportation, and entrance fees to museums and sites.  The year-long program is designed for TCSG students who already have an associate’s degree in computer science or business to earn a bachelor’s degree during the one year in Scotland.
 
For more information, contact Dr. Penny Joyner Waddell at [email protected].
 
Chattahoochee Technical College
http://www.chattahoocheetech.edu/study-abroad-and-student-exchange/
 
Chattahoochee Tech offers study abroad programs to Europe, with previous locations including Spain, England, France, Italy, and Ireland.  The trips range in length from 7 to 10 days and take place at various times each year, such as during spring break or at the end of a semester.  They are part of semester-long courses that vary between in-person, online, and hybrid instruction.  Course offerings change annually and can include 1101-level courses such as Spanish, World Literature, and Humanities.  Students are required to attend three pre-departure meetings in-person or via Skype as well as participate in a garage-sale fundraiser to help defray costs for additional itinerary excursions.  In 2016 the program was $2,970, which included airfare, housing, some meals, ground transportation, and entrance fees to museums and sites.  Tuition and fees not included.
 
For more information, contact [email protected].
 
Central Georgia Technical College
http://www.centralgatech.edu/studserv/global/
 
Central Georgia Tech runs a two-week study abroad program each July to Robert Gordon University in Scotland.  The program is part of credit-bearing courses, with students on the 2016 trip being able to choose between HUMN 1101: Introduction to Humanities or MGMT 2500: Introduction to International Business Principles.  Two pre-departure meetings are required, which can be attended in-person or via Skype.  After the program, students must complete a writing assignment as part of their course.  The program cost in 2016 was $3,400, which included airfare, housing, some meals, ground transportation, entrance fees to museums and sites, and tuition and fees for three credit hours.
 
For more information, contact Rick Hutto at [email protected].
 
European Council
http://www.ecstudyabroad.net/
 
European Council is a consortium of the University System of Georgia (USG) offering summer study abroad programs to Germany, England, France, Spain, Scotland, Russia, and Ireland.  Programs range in length from two weeks to one month and offer a wide selection of courses.  All participants attend a pre-departure meeting, typically held in Macon, GA.  Programs range in price from $2,995 for shorter trips to $5,500 for longer trips.  Price includes airfare, housing, meal plans, ground transportation, group excursions, and health insurance.  Tuition and fees not included.  Students at technical colleges receive course credit as transient students through a partner USG institution or Valdosta State University.
 
For more information, contact Beverly Vantine at [email protected].