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