July 10, 2019
Dear Presidents' Alliance Member,
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We write to share several new developments:
- The House votes today on the bipartisan H.R.1044, the Fairness for High-Skilled Immigrants Act in the House. The Presidents’ Alliance plans to send a letter of qualified support for S.386, its companion bill in the Senate, later this week.
- The Washtech case, which involves a legal challenge to Optional Practical Training (OPT), is moving forward. Higher education institutions have a powerful perspective in explaining the importance of OPT as part of the educational experience for international students.
- A new SEVP factsheet on Curricular Practical Training (CPT) was released on July 1, which includes a more restrictive interpretation of what "integral part of an established curriculum" means.
- The latest on Deferred Action for Childhood Arrivals (DACA)—including new data and the scheduling of the oral argument for the consolidated DACA cases in the Supreme Court.
- Finally, next Tuesday, there will be a House oversight hearing on U.S. Citizenship Immigration and Services' (USCIS) ongoing processing delays across all product lines.
Last week, the Presidents’ Alliance joined an organizational letter supporting the Protecting Sensitive Locations Act of 2019, to be introduced shortly by Senator Blumenthal (D-CT), which would codify existing protections to prevent immigration enforcement at sensitive locations including colleges and universities, and also add courthouses to the list of sensitive locations. For the text of the letter, click
here
. The forthcoming introduction of the bill is especially timely given the renewed announcement regarding U.S. Immigration and Customs Enforcement raids (check out a
previous update
outlining resources for campuses).
Finally, the Alliance collaborated with FWD.us, the American Immigration Council, New American Economy, AILA, Niskanen Center, NAFSA, and other partners to participate in a high-skilled immigration Twitter town hall to answer questions regarding the importance of international students, OPT, duration of status, dual intent, and more.
For highlights from the town hall, check out this
link
. Please do not hesitate to reach out if you have questions.
Thank you for your continued support.
Miriam Feldblum and Jose Magaña-Salgado
Executive Director & Director of Policy and Communications
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House to Vote on Fairness for High Skilled Immigrants Act
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Later today,
the U.S. House of Representative will vote on H.R.1044, the Fairness for High-Skilled Immigrants Act. H.R.1044 would eliminate the employer per-country cap in a graduated process and lift the family per-country cap to 15 percent. The goal of the bill is to reduce the backlog for individuals seeking to obtain green cards under the employment and family immigration channels.
The House will vote on the bill under a procedure known as “suspension of the rules,” which means the bill must obtain two-thirds of the entire House to pass. We expect the bill will pass, as it currently has over
300 cosponsors
.
We also expect the Senate to vote on this bill shortly and the Alliance will send a qualified letter of support for the bill before that vote. For more information, see our
analysis
of the bill, FWD.us’s
resource
on the bill, and an
article
on backlogs by David Bier of the Cato Institute. For concerns regarding the bill, see the National Association of Graduate-Professional Students'
statement
.
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Important Development in Washtech Case & Future of OPT
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On July 1, 2019, the federal district court hearing the Washtech challenge issued an
order
that concluded that the challenge, because of procedural and timing issues, was not barred by any statute of limitations. This means the plaintiffs’ (Washington Alliance of Technology Workers or WashTech) challenge to both the 24-month STEM rule and the standard 12-month OPT can go forward. At the same time, the court ruled that organizations seeking to be intervenors (the Information Technology Council, National Association of Manufacturers, and Chamber of Commerce) also had standing to do so. This decision is critical because it provides an opportunity for the intervenors and others who can file amicus briefs to defend OPT.
For more information on the litigation, visit
NAFSA’s website
. This week, Cyrus Mehta also wrote an excellent
in-depth analysis
of the lawsuit, what it means for international students, and why higher education and others should be defending OPT. Mehta writes:
“There are many good arguments that can be made to preserve OPT in the WashTech litigation. In addition to the legal arguments addressed above, imagine the damage that would befall U.S. schools if they were not able to attract foreign students. U.S. schools would suffer both financially and in terms of reputation to academic institutions in other countries. Those who come to the U.S. to study also understand America more deeply, and would be able to promote American values when they return and assume important positions in their own countries. Hence, every effort should be made to uphold OPT that has been an integral part of the U.S. immigration system for over 50 years. One effective way to do this is for employers, business organizations, foreign student associations, think tanks, bar associations and other interested organizations to file amicus briefs in the court case.”
The Presidents’ Alliance is exploring a higher education-oriented
amicus
brief to support OPT which would be open to colleges and universities to join. If you would be interested in joining such an amicus brief, we want to hear from you (
mfeldblum@presidentsimmigrationalliance.org
).
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New SEVP Factsheet on Curricular Practical Training (CPT)
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Before the July 4th holiday, SEVP sent out a reminder about the parameters of CPT, including a new
CPT Factsheet
with FAQs. Of note, it apparently was the first time that guidance on CPT explicitly interpreted “integral part of an established curriculum” to mean a “required” part. Up until now, there have been various interpretations. While arguably a clarification, this move is in line with other U.S. Department of Homeland Security decisions to pursue the more restrictive interpretation or action. See the following excerpt from the fact sheet:
Q:
May a school authorize a student to participate in CPT instead of OPT?
A:
No, CPT and OPT are not interchangeable. CPT accommodates individuals enrolled in a program of study that requires participation in an internship or practicum. It is not a supplemental training experience but rather an “integral part of an established curriculum” meaning it is a required part of the degree or program of study. The regulation makes this clear by defining CPT as an “internship, cooperative education or any other type of required internship or practicum . . .” In contrast, OPT accommodates students who have fulfilled the requirements of an academic or vocational program and provides an opportunity to augment the student’s learning with real-world experience.”
Schools may want to review their CPT programs in light of the new fact sheet.
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What’s the Latest on DACA?
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Previously, we shared an update regarding the Supreme Court’s decision to consolidate all three of the outstanding DACA cases into a single case for review. Oral argument is scheduled for
November 12, 2019
.
We expect a decision between January and June of 2018; and DACA renewals continue to be in place until then.
In response to the Supreme Court announcement, FWD.us launched a
DACA Renewals Now
campaign, which provides resources and materials to DACA recipients seeking to renew; and establishes a renewal fund for applicants. We encourage you to share the information with your campuses and immigrant students.
Relatedly, USCIS released a variety of data and statistics regarding the DACA population, current as of April 30, 2019. You can see the data
here
. Some of the highlights of the data include that there are:
- 669,080 individuals who currently hold DACA;
- 36,160 DACA recipients who currently have a renewal pending; and
- 8,860 pending renewals whose DACA is currently expired.
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What’s Taking So Long? House Hearing on USCIS Processing Delays
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This Tuesday, July 16, 2019 at 12 pm est, the
House Immigration Subcommittee
, part of the
House Judiciary Committee
, will conduct an oversight hearing entitled
Policy Changes and Processing Delays at USCIS
to examine the impact of USCIS processing delays on immigrants, students, and families.
For more information on the ongoing crisis at USCIS regarding processing delays and backlogs, see this helpful
policy brief
by AILA. The Alliance will attend in person and will be live tweeting throughout the hearing, be sure to follow us at
@PresImmAlliance
.
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