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F1 Update

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USCIS increased fees on most petition and application types effective ... Remember passport style photos (not ADIT) are now required. Severe Economic Hardship ... – PowerPoint PPT presentation

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Title: F1 Update


1
F-1 Update
  • NAFSA Regions II/III
  • 2005 Bi-Regional Conference
  • Lynne Vanahill
  • Laura Hammons

2
USCIS Fee Increases
  • USCIS increased fees on most petition and
    application types effective October 26, 2005.
    Most increases are 5 to 10.
  • The new fee schedule can be found at
    http//uscis.gov/graphics/newforms.htm.
  • A few highlights of new fees for typical forms we
    file
  • I-539 200
  • I-765 180
  • I-102 160

3
USCIS New Forms
  • With increased fees, USCIS posted an array of new
    forms on its website on October 26, 2005.
  • The new forms can be found at http//uscis.gov/gra
    phics/newforms.htm.
  • For I-765, versions dated October 26, 2005 and
    Jan 31, 2005 are still acceptable, but earlier
    versions are not

4
Appeal/Motion to Re-Open/Reconsider
  • Effective 9/28/2005, USCIS raised the fee to file
    appeal/motion to reopen/reconsider from 110 to
    385
  • To see links to information on this fee increase
    on the NAFSA website, please link to the
    following
  • http//www.nafsa.org/regulatory_information.sec/re
    gulatory_document_library.dlib/laws_and_regulation
    s/fee_to_file_an_appeal

5
USCIS Adjudicators Field Manual
  • USCIS has made available on-line a redacted
    version of its Adjudicator's Field Manual
  • http//uscis.gov/graphics/whatsnew.htm

6
USCIS
  • Check status of application online
  • Will need application receipt number
  • Check normal processing times
  • Set up a Case Status Portfolio with email updates
  • Website
  • https//egov.immigration.gov/cris/jsps/index.jsp

7
Texas Service Center
  • Region III Website Regulatory Updates
    http//www.nafsa3.org/regupdates/regupdates.asp
  • Inquiry Procedures
  • Fax Inquiry Form
  • Fax Inquiry
  • Email Inquiry

8
Texas Service Center
  • TSC recommends paying I-765 Fee with Money Order
  • It ensures that personal check will not bounce
  • With quicker processing times, the EADs are being
    issued before TSC receives notice that the check
    has not cleared
  • In these cases, TSC will issue a revocation
    notice
  • If the student does not receive the notice and
    reapply before the end date of the program they
    may lose OPT
  • Caution Money orders are more difficult to track
    and you may not be able to get the receipt as
    you can from the back side of cleared checks.

9
Texas Service Center
  • If receipt notices do not arrive within 1 month,
    DSO should make NAFSA inquiry
  • Be sure to include Receipt (SRC) in the
    inquiry.
  • The Service Centers cannot track records using
    the SEVIS ID, and name searches are not very
    feasible.

10
Texas Service Center
  • Make payments payable to "Department of Homeland
    Security"
  • Do not abbreviate
  • Otherwise check might get cashed by wrong party

11
Texas Service Center
  • TSC noted that some I-765 applications are being
    filed too early
  • These applications may be returned, requiring
    refiling
  • TSC won't approve an EAD more than 120 days prior
    to start date
  • They recommend filing 60 days in advance

12
Texas Service Center
  • To replace lost EADs, you must re-file the I-765,
    noting replacement
  • An Inter-L message came out sometime in the past
    which noted the use of the I-695 to replace EADs.
    This is not a student form and should not be
    used.

13
California Service Center
  • I-765 Inquiries
  • DSOs can directly email CSC (no student use!)
  • Email
  • I-765 Followup and All Other Inquiries
  • E-mail the CIPP-RR
  • Lynne Vanahill (until 12/31/05)
  • University of Kansas
  • vanahill_at_ku.edu
  • Andy Fraher (starting 1/1/06)
  • Embry-Riddle Aeronautical University
    frahera_at_erau.edu

14
Nebraska Service Center
  • Routine Inquiries (typo corrections, amend OPT
    dates, expedite after the fact)
  • DSOs only (no student use)
  • Email
  • All Other Inquiries, e-mail the CIPP-RR
  • Lynne Vanahill (until 12/31/2005)
  • University of Kansas vanahill_at_ku.edu
  • Laura Potter (beginning 1/1/2006)UCDHSC-Denver
    Downtown Campuslaura.potter_at_cudenver.edu

15
Nebraska Service Center
  • Be sure DSO Student sign OPT I-20s
  • Remember passport style photos (not ADIT) are now
    required
  • Severe Economic Hardship
  • Attach documentary evidence (not just a letter)
  • Internet articles about country conditions are
    insufficient
  • Economic hardship must be unforeseen

16
SEVI Hits at Consular Posts
  • Notes Possible SEVIS Violator
  • SEVI hit is triggered at Consular Posts for
    Terminated records
  • (including those with data fix pending)
  • SEVI hits also appear to be triggered for
    non-status violations such as
  • Authorized Early Withdrawal
  • Absent More Than 5 Months
  • COS Approved
  • May wish to provide documentation regarding
    circumstances
  • No way for DSO to clear SEVI hit

17
COS Pending Printing on I-20s
  • If COS application from F-1 to another status is
    pending, "Initial Attendance - Change of Status
    Requested" will print on any I-20 generated.
  • SEVP is aware of this problem
  • SEVP says no need to request a data fix
  • Student is considered in Active F-1 status.
  • CBP is also aware, and the student should not
    encounter any difficulty traveling
  • May want to provide the student with a letter on
    official letterhead and supporting documentation
    to explain circumstances.

18
OPT and Transfers
  • Regulation is vague 8 CFR 214.2(f)(10)(ii)(B)
  • practical training employment is automatically
    terminated when the student transfers to another
    school
  • August 2005 Government-NAFSA Liaison Summary
  • SEVP stated that OPT is terminated as of the date
    that the transfer release date is reached.
  • Prior DHS guidance on the same topic
  • DHS stated that OPT terminates when the student
    is registered at the transfer-in school.
  • Because of the discrepancies with prior guidance,
    SEVP said that they would consider NAFSAs
    comments on this topic.

19
OPT and Change of Ed Level
  • 8 CFR 214.2(f)(10)(ii)(B)
  • practical training employment is automatically
    terminated when the student begins study at
    another educational level
  • August 2005 Government-NAFSA Liaison Summary
  • SEVP stated that OPT ends at the time the new
    I-20 for COEL is created.
  • SEVP said that they would consider NAFSAs
    comments on this topic.

20
Hurricane Katrina and Rita
  • October 12, USCIS released a memo outlining
    remedial measures to be taken in light of Rita
    and Katrina.
  • Instructs immigration examiners to show
    liberality and discretion with respect to
  • disruptions of status, including employment, by
    nonimmigrants,
  • deadlines to respond to requests for evidence,
    interview notices and the like, appeals,
    replacement immigration documents, and certain
    other issues.
  • With respect to lapses in the status of
    nonimmigrants, the memo states, Adjudicators
    should be liberal in allowing aliens who are no
    longer in status as the direct result of Katrina
    or Rita to extend or change their
    status,provided the application is filed no
    later than one year after the date of Katrina or
    Rita
  • The full text of the memo may be found at
    http//uscis.gov/graphics/lawsregs/handbook/chronp
    ol.htm
  • Also see NAFSA Practice Advisory 2005-I for a
    summary of the memo

21
I-9 Documentation Requirements Waived for Hiring
Hurricane Victims
  • Department of Homeland Security announced in a
    Press Release that they will not sanction
    employers for hiring victims of Hurricane Katrina
    who are unable to provide the required
    documentation. DHS will review this policy 45
    days from date of issuance (September 6, 2005).

22
US Visa for Chinese Students
  • Effective June 20, 2005, Chinese nationals who
    wish to come to the United States as F-1 or M-1
    students or J-1 exchange visitors will be issued
    visas that are valid for 12 months and multiple
    entries. Dependents of these students and
    exchange visitors will also receive similar
    visas.

23
New visa policies and procedures for TCNs in
Mexico
  • The U.S. Embassy in Mexico announced that
    beginning October 17, 2005, a Third Country
    National (TCN) who wishes to apply for a visa at
    a U.S. consulate in Mexico must make the
    interview appointment on-line via a new Web site.
    Also announced are specific policies on who is
    and is not eligible for TCN processing in Mexico.
  • http//www.visa-usa.com.mx/default.aspx

24
New visa policies and procedures for TCNs in
Mexico
  • The following TCN applicants MAY APPLY for a visa
    in Mexico by scheduling an appointment through
    this service
  • Renewals of C1/D, D, F, H, I, J, L, M, O, P, and
    R visas, if the initial visa was issued in the
    applicant's home country or at one of the border
    posts in the past few years.
  • Applications for visas that reflect a change of
    status (e.g., F1 to H1B or F1 to J) if the
    applicant has the original change of status
    notice (I-797) from DHS and the applicant
    originally entered the US in other than B status.
  • Applications for those with a B visa issued in
    their home country that includes an annotation
    indicating they are entering the US with an
    intent to change visa status, such as
    "Prospective Student".
  •  http//www.visa-usa.com.mx/DetermineTCN.aspx

25
New visa policies and procedures for TCNs in
Mexico
  • The following TCN applicants MAY NOT APPLY for a
    visa in Mexico by scheduling an appointment
    through this service. Please apply in your home
    country, or country of last residence outside of
    the United States. If you are a Mexican citizen
    or a TCN currently residing in Mexico, please use
    the telephone service option.
  • Applicants who entered the US with a B visa
    issued in their home country that changed status
    to another visa category, e.g., F, J, H1B, but
    the visa did not have an annotation indicating
    intent to change visa status.
  • You may not apply in Mexico if you have been out
    of status in the US because of a violation of the
    terms of your visa or overstayed the validity
    indicated on your I-94.
  • A, B, E, G and Q visa applications, including
    renewals are not accepted from TCNs that are not
    resident in the appropriate consular district.
  • Applications are not accepted from citizens of
    Iran, Sudan, Libya, Iraq, North Korea, Cuba and
    Syria. http//www.visa-usa.com.mx/DetermineTCN.asp
    x

26
I-515A New Address
  • Correct Address
  • SEVP/I-515A Processing Team
  • 800 K Street NW, Suite 1000
  • Washington, DC 20536
  • Address on I-515A has been updated
  • NW missing from 6/20/05 SEVP email
  • Mail should still be delivered w/out NW
  • Caution FedEx to old address may be returned
    rather than forwarded
  • SEVP will consider (w/documentation timely
    mailed) if returned to sender due to incorrect
    address

27
Student Visas and Immigrant Intent
  • September 28, 2005 DOS cable
  • Guidance on how to interpret immigrant intent for
    student visa applications.
  • Typically students stay longer in U.S.
  • Officers should look at present intent not what
    might happen in the future
  • Residence abroad requirement should be considered
    in a broader light ties is relatively less
    useful
  • Intended course of study should not be deemed a
    negative factor

28
Student Visas and Immigrant Intent
  • Returning student applications should generally
    be reissued
  • Posts should facilitate reissuance of student
    visas so that these students can travel freely
    back and forth
  • Community colleges lesser-known schools
  • All legitimate schools must be accorded the same
    weight under the law There is no difference
    between community colleges, English language
    schools and four-year institutions.
  • http//www.nafsa.org/_/Document/_/september_28_200
    5_dos.html

29
DV 2007 Immigrant Visa Lottery
  • 50,000 immigrant visas available
  • For countries with low rates of immigration
  • Sample Countries Not Eligible
  • Canada, China, India, Mexico, South Korea, UK
  • Dates Entries Accepted
  • October 5, 2005 December 4, 2005
  • Electronic Submission Only
  • Form www.dvlottery.state.gov
  • No Fee to Apply
  • Be aware of scam websites charging fees

30
NAFSA Resources
  • http//nafsa.org
  • iManual
  • Government-NAFSA Liaison Summaries
  • Practice Resources
  • Preparing for F-1 Visa Interview
  • SEVIS Fee
  • SSNs
  • Regulatory Information
  • NAFSA.news
  • Regional Websites
  • IssueNet www.nafsa.org/IssueNet

31
Subscribe to Regional Listservs
  • Region II
  • Email listproc_at_ku.edu
  • Type Subscribe NAFSAR2-L yourname in body of
    message
  • Region III
  • Go to http//www.nafsa3.org/AddDeleteEmail.asp
  • Choose Add
  • Enter your email address

32
Co-Chair Contact Info
  • Laura Hammons
  • Region III CIPP-RR (student issues)
  • Texas AM University
  • lhammons_at_tamu.edu
  • Lynne Vanahill
  • Region II CIPP-RR (until 12/31/2005)
  • University of Kansas
  • vanahill_at_ku.edu

33
Presubmitted Questions
  • OPT Two Masters
  • If a student who completed a Masters degree and
    was granted OPT decides to transfer (instead of
    working) to pursue a second Masters degree, is
    he eligible for OPT after completing the second
    Masters?
  • I was informed by a CSC rep that the student
    would be eligible for OPT if he completes a
    Masters degree in an academic field that is
    different from the previous academic field in
    which he recd the first Masters. This is
    contrary to regs which state the degree must be a
    level higher than the previous degree in order
    for an individual to be eligible for another
    period of OPT.

34
Presubmitted Questions
  • RCL Final Semester Failure to Graduate
  • PhD student submits request for Authorized
    RCL-Final Semester for Spring 2005. Student does
    NOT graduate Spring 2005 and enrolls Fall 2005.
    Is he considered out of status since spring did
    not end up being his last term (and his I-20 has
    not expired)?
  • Same student applies for fulltime OPT at the end
    of the Spring 2005 term. Can he use his EAD
    (were told yes) but if he is registered pursuing
    a course of study and his I-20 has a May 2005 end
    date, how to proceed?

35
Presubmitted Questions
  • COS F-1 to F-2 Enrollment
  • An F-1 student applies for a change of status to
    F-2 before the beginning of fall term. Since the
    F-2 has not been adjudicated, is she required to
    enroll full time for fall?

36
Presubmitted Questions
  • COS to F-1 Getting I-20 Back
  • When our students get approved for a change of
    status to F-1, why do they not receive their
    adjudicated I-20 back with their approval notices
    (sometimes they never receive the I-20 back)?
  • What is the most effective procedure for
    requesting the I-20 to be returned to the student?

37
Questions from the Floor
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