Frequently Asked Questions

1

What are the specific impacts of the revised executive order on international students?

The full implication of the revised executive order and proclamation for international students can be read in detail on NAFSA: Association of International Educators. It is important to note that the eight countries identified in the proclamation (Iran, Venezuela, Syria, Libya, Somalia, Yemen, North Korea, and Chad) all have unique restrictions and exemptions.

2

I am a student from the affected countries. What will happen if I need to leave the US to renew my visa?

Students whose visas expire while they are in the U.S. are allowed to remain in the U.S. as long as they are maintaining status according to their I-20 or DS-2019. It is not advisable for students affected by the executive order to leave the U.S. at this time. Please come to IPS for additional information.

3

What about people who are dual nationals or have U.S. Lawful Permanent Residency?

The revised executive order does not apply to dual nationals and U.S. Lawful Permanent Residents (green card holders), though anyone with ties to the affected countries should expect additional scrutiny while traveling.

4

What are the current travel recommendations from IPS?

We recommend that affected individuals avoid all nonessential travel into and out of the U.S. until further notice. In cases of emergency where travel cannot be avoided, please see IPS for guidance.

5

I am from one of the affected countries and plan to travel abroad. Can I get a waiver to re-enter the U.S.?

The revised executive order states that waivers may be granted to individuals from the affected countries to allow entrance to the U.S. at the discretion of Customs and Border Patrol officials and if the individual meets certain criteria. We strongly recommend consulting an immigration attorney prior to travel.

6

I am not from any of the countries specified in the revised executive order. Will I still be affected?

Citizens of countries other than those specified are not directly impacted.

7

Will the revised executive order affect the OPT and OPT STEM Extension benefits?

At this time, we do not have any indication that applications to the Department of Homeland Security or USCIS will be impacted; applications and petitions (such as EAD, Change-Of-Status, etc.) are expected to be adjudicated and/or approved as before.

8

I am from one of the affected countries. Can I apply for Curricular Practical Training (CPT)?

Yes, you can apply for CPT. Please contact IPS for information regarding the application process.

9

I am from one of the affected countries and have been planning to apply for H-1B. Can my employer file a petition for me? Will it be denied?

Your employer can file a petition for you. At this time, we do not have any indication that the revised executive order will affect the ability of USCIS to adjudicate and/or approve immigration benefits requests for applicants from the affected countries. We recommend that students continue to work with their employers to apply for H-1B. IPS is actively monitoring this situation and will provide updates.

10

What is an executive order? How is an executive order different from a law?

Executive Orders (EO) are “official documents, numbered consecutively, through which the President of the United States manages the operations of the Federal Government.” EOs allow a president to have significant influence over enforcement of legislation, policies, and internal government affairs under the Constitution and statute (sometimes specified). EOs are published in the Federal Register, and they may be revoked by the President at any time. They are also subject to judicial review and may be overturned or reversed by the courts, Congress, or a subsequent president if deemed unconstitutional and unenforceable.

Although executive orders have historically related to routine administrative matters and the internal operations of federal agencies, recent Presidents have used Executive Orders more broadly to carry out policies and programs. Executive orders are different from a law because they do not need to pass through Congress for approval, though they can be enforced in the same way.

Michigan Tech is actively monitoring this situation and will share updates as they are received. The information contained on this page is intended as general information, not legal advice; individuals should consult an immigration attorney or legal advisor for guidance.