Pending Federal Legislation Affecting Foreign Students

Legislation was recently passed by the House (H.R. 3827 - Immigration Relief for Hurricane Katrina Victims Act of 2005) would extend filing or reentry deadlines. The bill is currently under consideration by the Senate. One section of particular interest to international students appears below:

SEC. 3. EXTENSION OF FILING OR REENTRY DEADLINES.
(a) Automatic Extension of Nonimmigrant Status-
(1) IN GENERAL- Notwithstanding section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), in the case of an alien described in paragraph (2) who was lawfully present in the United States as a nonimmigrant on August 29, 2005, the alien may remain lawfully in the United States in the same nonimmigrant status until the later of--
(A) the date such lawful nonimmigrant status otherwise would have terminated if this subsection had not been enacted; or
(B) 1 year after the death or onset of disability described in paragraph (2).
(2) ALIENS DESCRIBED-
(A) PRINCIPAL ALIENS- An alien is described in this paragraph if the alien was disabled as a consequence of a specified hurricane disaster.
(B) SPOUSES AND CHILDREN- An alien is described in this paragraph if the alien was, on August 29, 2005, the spouse or child of--
(i) a principal alien described in subparagraph (A); or
(ii) an alien who died as a consequence of a specified hurricane disaster.
(3) AUTHORIZED EMPLOYMENT- During the period in which a principal alien or alien spouse is in lawful nonimmigrant status under paragraph (1), the alien shall be provided an `employment authorized' endorsement or other appropriate document signifying authorization of employment not later than 30 days after the alien requests such authorization.
(b) New Deadlines for Extension or Change of Nonimmigrant Status-
(1) FILING DELAYS- In the case of an alien who was lawfully present in the United States as a nonimmigrant on August 29, 2005, if the alien was prevented from filing a timely application for an extension or change of nonimmigrant status due to a circumstance described in paragraph (3)(A) that is a consequence of a specified hurricane disaster, the alien's application shall be considered timely filed if it is filed not later than 180 days after it otherwise would have been due.
(2) DEPARTURE DELAYS- In the case of an alien who was lawfully present in the United States as a nonimmigrant on August 29, 2005, if the alien was prevented from timely departing the United States due to a circumstance described in paragraph (3)(B) that is a consequence of a specified hurricane disaster, the alien shall not be considered to have been unlawfully present in the United States during the period beginning on August 30, 2005, and ending on the date of the alien's departure, if such departure occurs on or before December 31, 2005.