Title: F1 Update
1F-1 Update
- NAFSA Regions II/III
- 2005 Bi-Regional Conference
- Lynne Vanahill
- Laura Hammons
2USCIS 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
3USCIS 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
4Appeal/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
5USCIS Adjudicators Field Manual
- USCIS has made available on-line a redacted
version of its Adjudicator's Field Manual - http//uscis.gov/graphics/whatsnew.htm
6USCIS
- 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
7Texas Service Center
- Region III Website Regulatory Updates
http//www.nafsa3.org/regupdates/regupdates.asp - Inquiry Procedures
- Fax Inquiry Form
- Fax Inquiry
- Email Inquiry
8Texas 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.
9Texas 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.
10Texas Service Center
- Make payments payable to "Department of Homeland
Security" - Do not abbreviate
- Otherwise check might get cashed by wrong party
11Texas 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
12Texas 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.
13California 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
14Nebraska 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
15Nebraska 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
16SEVI 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
17COS 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.
18OPT 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.
19OPT 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.
20Hurricane 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
21I-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).
22US 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.
23New 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
24New 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
25New 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
26I-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
27Student 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
28Student 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
29DV 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
30NAFSA 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
31Subscribe 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
32Co-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
33Presubmitted 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.
34Presubmitted 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?
35Presubmitted 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?
36Presubmitted 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?
37Questions from the Floor