Frequently Asked Questions about Immigration

Several executive actions (which can include executive orders, presidential proclamations and presidential memoranda) have been issued by the current presidential administration. These actions have changed priorities related to federal immigration law enforcement. Additionally, recent legislation called the Laken Riley Act has changed immigration policy. Otherwise, the changes seen are in how the federal government is enforcing and using existing laws.

The university is closely monitoring new executive actions, new legislation, and other changes to federal and state policy to determine any immediate or potential impact to university community members with a goal of communicating accurate information to university stakeholders as quickly as possible. 

OSU’s mission is to provide access to higher education to all residents of Oregon, including students who are undocumented, students with DACA, students from families with mixed immigration statuses, and non-citizens who are in the United States to learn and work. The university takes its mission and its responsibility to support the success of its students and employees seriously.  

Presently, none of the recent executive orders or changes to legislation have changed OSU’s stance or policies with respect to its support for community members navigating immigration matters. However, we know recent developments at the federal level have caused concern among some university community members. Rest assured, university leaders are working to analyze changes in immigration policy and law to communicate guidance to appropriate members of the university community as quickly as possible. 

Oregon’s Sanctuary Promise Laws provide that “it is against Oregon law for state and local law enforcement or public agencies (state and local government offices) in the state of Oregon to participate directly or indirectly in immigration enforcement without a judicial warrant." This includes public bodies like Oregon State University. OSU complies with Oregon's Sanctuary Promise Laws. In practice, this means: 

• University law enforcement will not investigate or interrogate individuals for immigration enforcement purposes. 

• The university does not release confidential student or employee information to federal immigration enforcement agencies except as required by law, valid warrant, subpoena or court order. 

• All voluntary requests from federal agencies to the university related to civil immigration enforcement will be denied, documented and reported to the Oregon Department of Justice. 

OSU also complies with federal laws related to immigration by verifying the immigration status of OSU employees, and ensuring new employees, including student employees, are authorized to work in the United States. Additionally, when a student seeks federal government financial aid, OSU is required to ask for immigration status information and provide that information to the Department of Education (DOE). All of these processes are different than immigration law enforcement. 

In addition to complying with federal laws related to employment, OSU takes seriously its compliance with the Family Education Rights and Privacy Act (FERPA), which protects the privacy of student records and regulates how information is used. Under FERPA and other applicable privacy protections, OSU will not voluntarily release unauthorized student information for purposes of immigration law enforcement. 

The university is aware that ICE has conducted at least one immigration enforcement activity in Corvallis. 

In compliance with Oregon’s sanctuary state laws, the Corvallis Police Department and the OSU Department of Public Safety (DPS) does not participate in immigration enforcement efforts. Oregon law prohibits state and local law enforcement agencies within Oregon (including those at public universities) from supporting federal immigration enforcement efforts and from using state or local public resources to support federal immigration enforcement. 

Always prioritize safe and legal advocacy. Obstructing or interfering with law enforcement can lead to worse consequences for the target of law enforcement officers. The well-being of the individual being contacted by ICE or other federal agencies should be paramount to their supporters. Also, obstructing federal law enforcement or interfering with their operations may result in federal obstruction charges, arrest and prosecution. If it feels safe to record federal law enforcement activity, without obstruction or interference, you may do so.  

Additionally, consider sharing verified resources including employee and student support options, offering emotional support and helping impacted students and employees connect with campus and other services. Advocacy groups have created Know Your Rights handouts (in multiple languages) and created in-depth planning tools for facing immigration enforcement. 

Signed into law on January 29, 2025, the Laken Riley Act is a new law that makes it easier for federal immigration law enforcement agencies to detain non-citizens if they are criminally charged with a variety of crimes, including shoplifting. Importantly, this law allows detention based on a criminal charge, rather than a criminal conviction.

International students and employees who are otherwise maintaining their immigration status are typically not at risk of detention or deportation. Like you, we have seen news reports of persons on visas experiencing detention and deportation filing lawsuits alleging they were not provided notice or due process. These cases indicate more aggressive enforcement by federal immigration enforcement officers than previously experienced.  Community members concerned about this possibility are encouraged to consult with a qualified immigration attorney in advance. If an international student or employee is charged with a crime, they should consult with a criminal attorney and immigration attorney and notify the Office of International Services.  

Students and employees with legal questions about immigration matters are strongly encouraged to seek legal advice for their specific personal and family circumstances from an experienced immigration attorney. Corvallis-based students may seek initial legal advice through ASOSU Legal Services. ASOSU Student Legal Services is student fee funded. They specifically support Corvallis campus-based students.  

Below are three of many resources for finding personal legal services:  

• Oregon State Bar Lawyer Referral Service provides referrals to qualified attorneys who have agreed to provide callers with an initial 30-minute consultation for a nominal fee - but this is not a free or pro bono service. 

• American Immigration Lawyers Association Immigration Lawyer Referral Service provides referrals to immigration attorneys across the U.S. 

• Oregon Law Help. 

Under Oregon state law, Oregon State University’s Department of Public Safety is prohibited from using resources to detect or apprehend someone whose only violation of law is a civil (not criminal) federal immigration law violation.

You should still follow the five-step guidance on engaging with federal law enforcement. Both the Department of Public Safety and Office of the General Counsel have employees on-call in case of situations like these and should be contacted according to the five-step engagement guidelines. 

It is important to work with an attorney who understands your unique situation and has experience working with matters specific to your situation (immigration, criminal, civic law, etc.) Some considerations when making determination of which immigration attorney to work with include: 

• Do they regularly handle student immigration matters (F-1, J-1, etc.)? 

• Do they regularly work with International Student Offices? 

• Are they familiar with detention and removal (“deportation defense”) cases? 

• Be sure the attorney is clear on your priorities and desired outcomes. 

• Be clear on your available resources for legal services. 

On February 25, 2025, United States Citizenship and Immigration Services (USCIS) published a web page called Alien Registration Requirement, detailing who and how certain individuals are required to "register" or "re-register" with the U.S. government in accordance with longstanding laws of the Immigration and Nationality Act that are now being enforced through a new process, effective April 11, 2025.  

When individuals receive a visa and their paperwork is inspected at a U.S. port of entry and receive a paper or electronic Form I-94 (arrival/departure card) this automatically counts as registration. These individuals will not have to re-register under this new Department of Homeland Security (DHS) program. Individuals are generally not required to re-register if they entered the U.S. at age 14 or older and received an I-94 form upon entry. Most international students and employees have already met registration requirements. The new registration requirement, however, also includes re- registration and fingerprinting of children who turn 14 years old while inside the United States. 

More information on foreign nationals’ registration requirements, FAQ’s and a list of acceptable registration document types is available on the USCIS website. Individuals with questions about their and their family's legal obligations to provide information to the U.S. government should consult with experienced immigration attorneys.  

Yes. It has always been required by law that all non-citizens, 18 years old and older, are required to carry their proof of being registered. Acceptable documents to carry include the Form I-94 or I-94W (copies are acceptable), an employment authorization document (EAD) or green card (for lawful permanent residents) holders or applicants.

The ongoing news surrounding traveling has caused concern for both immigrant and non-immigrant communities. As such, it is advisable for those with upcoming travel to seek guidance and take additional precautions before traveling. First, consider if your trip is essential. To avoid potential disruptions, plan your travel carefully if you must travel. For non-U.S. citizens/nationals, ensure you have all the necessary travel documents pertaining to your immigration status and stay informed through reliable sources about the latest immigration regulations and policies pertaining to your immigration status. For more travel information, visit the OIS student and employee travel pages. 

If a non-U.S. citizen/national has had previous immigration violations, encounters with law enforcement or is for other reasons concerned about possible detention and deportation, they should consult with an experienced personal immigration attorney before their departure for guidance, and for support if they encounter immigration related issues during their travel and reentry into the U.S.  

Additionally, it is advisable for all students and employees regardless of immigration status, to carry “Know Your Rights” cards, valid government issued identification, and through reliable sources, staying current on state and country laws before traveling. The American Civil Liberties Union (ACLU) provides individuals with guidance for law enforcement engagement at the airport (in multiple languages). 

On June 4, 2025, a presidential proclamation was issued restricting the entry into the U.S. of foreign nationals from 19 countries referencing national security, public safety and immigration enforcement concerns. The policy took effect at 12:01 a.m. EDT on June 9, 2025. A presidential proclamation is an announcement of policy, which here is carried out by the State Department and the Department of Homeland Security.  

According to the proclamation, 19 countries were impacted in varying degrees, including:   

• Full travel restriction (12 countries): Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.   

• Partial travel restriction (seven countries): Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.   

According to the proclamation, a full restriction suspends entry of both immigrant and nonimmigrant nationals from the listed countries in various visa categories such as B1/B2 (visitors), F (students), J (exchange visitors), H-1B and O-1 employees, etc.   

A partial restriction suspends entry of nationals from the listed countries in specific visa categories, including B-1/B-2 (visitor), F (student) and J (exchange visitor) visas. 

According to the proclamation, restrictions apply to nationals of the listed countries who are outside the U.S. as of June 9, 2025, and do not have a valid U.S. visa as of that date.

The following individuals are categorized as not subject to the travel restrictions:   

• Lawful permanent residents of the U.S. (Green Card holders).   

• Dual nationals traveling on a passport from a non-designated country.   

• Individuals with valid visas issued before June 9, 2025. The proclamation states, “No visas issued before June 9, 2025, have been or will be revoked pursuant to the Proclamation”. However, how federal agencies interpret and implement this proclamation, including visa renewals, is yet to be seen.    

• Asylees and refugees.   

• Diplomatic and international organization visa holders (A, G, NATO).   

• Athletes and personnel participating in the 2026 FIFA World Cup or 2028 Summer Olympics.   

• Case-by-case waivers may be granted if denying entry would cause undue hardship, the individual poses no security threat and entry is in the U.S. national interest.   

OSU has approximately 70 continuing students from the impacted countries. This represents approximately 4% of the current international student population. While admissions are still ongoing and numbers may change, as of June 9, 2025, approximately 25 students from the listed countries have been admitted to OSU for summer and fall 2025. It is unclear if they have or will obtain visas and enter the U.S. There are no current employees from impacted countries.

Yes. If you are already in the U.S. and in valid immigration status, you are not subject to the travel restrictions. However, you may face challenges if you leave the U.S. and attempt to return.

Not according to the proclamation. It states that no immigrant or nonimmigrant visa issued before June 9, 2025, will be revoked under this specific proclamation.

Individuals in the U.S. from affected countries should avoid non-essential international travel. Re-entry may be denied even if you previously held a valid visa. Additionally, impacted students should:   

• Contact OSU’s Office of International Services for guidance. 

• Consult with an immigration attorney for legal advice. 

• Monitor for updates from the U.S. Department of State and the Suspension of Visa Issuance website. 

The federal government believes that CBP has the authority at the border and at all points of entry including but not limited to airports to search personal electronic devices without a warrant. This includes cell phones, laptops, and other electronic devices. The CBP asserts that such searches are necessary because they are conducted to enforce the law and protect border security. While the agency states that such searches are rare, they are occurring, and travelers should be aware of and prepare for this possibility and know their rights. More information can be found on the CBP website, and the ACLU provides individuals with guidance for law enforcement engagement at the airport (in multiple languages).  

A visa is a travel document needed for entry into the U.S. Revocation of one’s visa, alone, only impacts the ability to travel and enter the U.S. and typically does not otherwise impact valid immigration status in the U.S. However, termination of a student's SEVIS record, which has recently accompanied visa revocation, may have immediate impact. See below for more information. 

It has been a long-standing practice for the U.S. Department of State to revoke visas of individuals who have been convicted of crimes while in the U.S. However, the reasons for visa revocations have recently expanded. The U.S. Department of State (DOS) has indicated that some reasons for recent visa revocations include: 

• A past encounter with law enforcement. 

• Political activity viewed as a cause for federal government concern. 

• Social media or public expression viewed as potentially damaging to U.S. foreign policy. 

SEVIS (Student Exchange and Visitors Information System) is a government immigration records database for international students. The US Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE)’s Student and Exchange Visitor Program (SEVP), maintains these records. DHS has indicated that the reasons for federally initiated termination of students’ SEVIS records include: 

• Perceptions that the student’s presence may cause “serious adverse foreign policy consequences.” 

• The student has violated and therefore failed to maintain the terms of their immigration status. 

• Revocation of a student's visa. 

When a student’s SEVIS record is terminated, the government may deem them removable (“deportable”) because they have lost their legal permission to stay and study in the U.S. It is important that students address this issue promptly by working with the Office of International Services (OIS) and an experienced immigration attorney to assist in guiding them through their options. 

There were nation-wide, government-initiated SEVIS record terminations impacting at least 13 OSU international students as of April 22. In response to some lawsuits resulting in Temporary Restraining Orders (TRO’s), the government reversed its actions and began reactivating students terminated SEVIS records. All 13 of the terminated SEVIS records have since been reactivated. As of May 16, no additional students SEVIS records have been terminated. 

If OIS becomes aware of changes to a student's SEVIS record, OIS will reach out directly to impacted individuals with resources and support. 

While immigration records are terminated from time to time for different reasons, the suddenness of these federal agency-initiated actions has led the university to review student immigration records more frequently so that we can provide support to those impacted. OSU’s Office of International Services is frequently reviewing and reaching out to impacted students with resources and support as they become aware of a students’ change in status in the federal immigration records database. Students should also frequently check their emails (using the email address submitted to the Department of State during their visa application) for any notifications of visa revocations.

While the university currently does not have the legal standing to prevent federally initiated visa revocation or SEVIS record termination on behalf of individuals, OIS is focused on conducting regular checks to the database and promptly notifying those impacted to give them the most up-to-date information and provide them with resources available from the university, as well as community groups, including what’s found on the resources page on Resources for Beavers Navigating Immigration Matters website.  

To advocate for OSU students and in service to the university’s mission, OSU joined other universities on an amicus brief being filed by the Presidents’ Alliance on Higher Education and Immigration in support of a lawsuit brought by the American Association of University Professors (AAUP) and others to challenge federal actions impacting international students and educators, including their speech and expression activities. The university will continue to identify opportunities to advocate for changes in the federal government's approach to international students. University personnel submitted declarations in the federal court case brought by one of our graduate students in Oregon, to support their legal quest for SEVIS restatement and protection from adverse immigration action. Additionally, the university is in regular contact with state and federal elected representatives and officials to describe the impact of federal actions on our students and programs.  

This is a rapidly developing area of immigration enforcement. We understand the confusion and anxiety this situation can cause. Every student’s case has its unique circumstances. If a student has been notified of their visa revocation or SEVIS termination: 

• They should be aware that everyone has rights whether they are a citizen or not. 

• They should contact an experienced immigration attorney as soon as possible to understand the implications of their SEVIS record termination and explore their legal options. The Office of International Services (OIS) can offer initial guidance towards how to engage legal counsel. 

• Pending consultation with an experienced immigration attorney, it is advisable to cease any employment activities (on or off campus) to avoid further immigration violations which may further complicate their case. 

Effective September 2, 2025, the U.S. DOS will narrow its interview waiver policy to apply to select nonimmigrant visa types such as foreign government officials, NATO officials, diplomats, B visa renewals, etc., if they meet eligibility. Other nonimmigrant visas including F, J, H, O. etc., visa holders must attend in-person interviews at U.S. embassies or consulates when renewing their visas. Nonimmigrants planning to travel internationally and needing visa renewal to reenter the U.S. should check their visa expiration date, plan ahead, and build in ample time for scheduling visa interviews and processing in their country of nationality as per the guidance from the Department of State. The global visa estimated wait times are available at the DOS Travel website. 

Since 2019, visa applicants have been required to disclose all of their social media handles. The current expansion may involve deeper analysis of online activity, affiliations, and communications. The exact scope and criteria remain unclear, but applicants should assume that their digital presence will be reviewed as part of the visa application process. This process does not include providing passwords to government officials. In 2019, the federal government provided FAQs Social Media identifiers available as a PDF here.  

• Carefully assess travel risk and consider delaying non-essential travel during these uncertain times. 

• Monitor updates and visa application scheduling details from the U.S. embassy or consulate in your home country. 

• For those currently in the U.S., and planning to travel internationally, it is advisable to get a visa renewal appointment scheduled (if applicable) before you depart the U.S. 

• Consult with OSU’s Office of International Services (OIS) before making travel plans. 

The H-1B is a non-immigrant classification that is used for the temporary employment of international employees in specialty occupations. Specialty occupations are defined as those that require theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the employment occupation in the U.S.

The presidential proclamation of September 19, 2025, restricts entry and visa issuance for certain H-1B visa holders unless the employer can provide evidence that the H-1B sponsorship petition was accompanied or supplemented by a payment of $100,000. The restriction applies to certain H-1B petitions filed with U.S. Citizenship and Immigration Services (USCIS) after September 21, 2025, and continues for 12 months.

The fee applies if the H-1B petition is filed on or after 12:01 a.m. EDT, September 21, 2025, and:

• The beneficiary (employee) is outside the U.S. and does not have a valid H-1B visa, or
• The filed or approved petition requests consular notification, port of entry notification, or pre-flight inspection (whether the beneficiary is in or outside the U.S.), or
• USCIS denies a request for a change of status, amendment, change of employer, or extension and approves the petition only for consular notification. 

The fee does not apply if:

• The H-1B visa petition was filed before September 21, 2025.
• The beneficiary has a valid H-1B visa issued before September 21, 2025.
• The petition requests a change of status, amendment, change of employer, or extension, and USCIS approves it. The beneficiary may travel after USCIS approval and apply for a visa without being subject to the fee.
• The employer is granted an exception by the Department of Homeland Secruity (DHS).

In "extraordinarily rare" cases, DHS may grant an exception (before the petition is filed) if the petitioner (i.e., the employer) demonstrates that, "the beneficiary's presence is in the national interest, no American worker is available for the role, the beneficiary does not post a threat to U.S. security or welfare, [or] requiring payment would significantly undermine the U.S. interests."

The $100,000 fee must be paid by the employer before filing the H-1B petition. The payment is made online via a dedicated pay.gov link. Proof of payment (or evidence of an exception from DHS) must be included with the petition at the time of filing.

If the petition is for an extension or amendment and USCIS approves it, the fee does not apply. If USCIS denies the change and requires consular processing, the fee does apply.

Generally, no. However, if the petition requests consular notification or USCIS requires consular processing, the fee applies.

More information can be found:

• U.S. Citizenship and Immigration Services (USCIS)
• Office of International Services: [email protected]