Penn issues guidance after federal court overturns immigration benefit restrictions

Penn International Student and Scholar Services posted guidance for the University community last week regarding a federal court decision vacating United States immigration policies.

The June 17 update, written by ISSS Executive Director Rodolfo Altamirano, comes after the chief judge of the United States District Court for the District of Rhode Island struck down policies that “suspended, delayed, or subjected certain immigration benefit applications.” U.S. Citizenship and Immigration Services has indicated it will comply with the order while the federal government’s appeal is processed.

According to the ISSS update, affected individuals — primarily from the 39 countries facing restrictions on travel — may notice progress on some employment authorization applications, green card applications, and other USCIS benefit requests.

In a statement to The Daily Pennsylvanian, Altamirano wrote that the decision is “generally a positive development” for Penn “students, scholars, employees, and departments,” as it “may allow some previously delayed immigration benefit applications to move forward.”

“However, it is important to emphasize that the ruling does not automatically approve any pending applications, significant processing backlogs remain, and the appellate process is ongoing,” Altamirano added.

He wrote that “major immigration, employment, and travel decisions” should be made “on a case-by-case basis” after consulting the appropriate resources.

ISSS’s guidance noted that the “appeal remains active” and the travel bans remain in place.

“ISSS will continue monitoring developments and providing updates to the Penn community as additional information becomes available,” Altamirano wrote to the DP.

Earlier this month, ISSS issued a notice recommending continued caution after a federal court ruled that the Department of Homeland Security’s $100,000 supplemental fee for H-1B visas was unlawful.

Altamirano, who wrote the notice, added that Penn departments and those holding H-1B visas should “follow existing institutional guidance” as “further government action is anticipated.”

The federal government is currently appealing the decision, arguing that the fee is a legitimate application of its power.

On June 12, “the same court issued an administrative stay of its ruling,” according to another ISSS advisory. As a result, the $100,000 fee is “effectively back in force pending further judicial action.”

Last June, ISSS urged students from 12 countries to immediately return to the U.S. after the Trump administration imposed travel restrictions. Six months later, the restrictions were expanded and went into effect on Jan. 1.

At the time, ISSS recommended that those affected by the restrictions avoid non-essential international travel.

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