F1 Regulatory Update/ Consular Affairs Update

AMIE Meeting, July 9, 2007

Cristen Casey

The University of Texas at Dallas

F-1 Regulatory Update

USCIS Fee IncreasesEffective July 30, 2007

Full text at: http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/fees_forms_and_processing/uscis_fee_schedule_effective

I-765 (new form): Work Authorization (OPT, Economic Hardship)

$180 increased to $340

I-539: COS or Reinstatement$200 increased to $300

I-102: Replacement of I94$160 increased to $320

SEVIS 5.7 Upgrade

Full text at: http://www.ice.gov/doclib/sevis/pdf/SevisRelease57fm.pdf

Enhancements to: Initial Status Student Actions, Student Major/Minor Selection, Student/Dependent Search, OPT Edit Command, Pending Status OPT Display, Reinstatement Update Successful

Updates to: Registration Current Session End Date, M-1 Extension

New Program End Date, Defer Attendance, Country Lists/Tables, Visa Issuance Post List/Table

ICE Transfer Update

Terminated & completed records can again be transferred (DSO’s transfer out form to include permission to discuss the student’s case with the new school)

Transfer of newly arrived students permissible

CPT and OPT terminate on transfer release date

SEVIS Recertification

Nothing yet released. Keep informed with www.ice.gov/sevis or www.nafsa.org.

Process is: proposed rule, comment period, final rule. Recertification cannot begin prior to final rule being published

Schools authorized to continue until final rule is published.

I-515A

Use this address instead of one on form:SEVP, ATTN: Form I-515A Processing Team

Chester Arthur Building

425 I Street, NW, Suite 6034

Washington, DC 20536

If student will travel within 30 days, expedite by faxing I-515A, I94 and airline ticket to 202-353-4625

US VISIT

Effective May 6, 2007, international visitors are no longer required to check out at a US VISIT exit kiosk.

All other exit procedures remain the same, including:Exit interview for NSEERS registrants. I-94 must be submitted to airline/ship rep

Request For Evidence (RFE) Changes

Effective June 18, 2007

USCIS given authority to outright deny applications/petitions that do not have all required documents or do not sufficiently reflect eligibility for benefit

When RFE issued, no longer bound to give 12 weeks response time

Direct Filing of I-765 (F related benefits)

Applicants with residence in Texas continue to file at TSC

For more information: http://nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/fees_forms_and_processing/direct_filing_of_forms

 

SSN and OPT

Can apply if OPT I20 and OPT Receipt Notice

Problems and delays, contact SSA first. If no response, email SEVIS.source@dhs.gov.

Reinstatements sent to Service Centers

Began October 30, 2006

File directly with Vermont Service Center

Questions about pending applications go to Nat’l Customer Service Call Center, web-based case status service, or contacting the service center from which they received last notice.

USCIS Discontinues Local Production of Interim EADsAs of September 1, 2006, USCIS has discontinued production of EADs at local USCIS offices

InfoPass appointments still available to those whose I-765s have been pending over 90 days, but EADs will be produced by Service Centers

Students are encouraged to apply for OPT at least 90 days prior to desired start date

F-1 students with I-485 pending

ICE guidance: keep their F-1 status “alive” in SEVIS

If students drop below full course, travel on Advance Parole or use EAD off-campus, terminate in SEVIS with a note “I-485 pending, A number”

Texas Service Center: these students are not eligible for OPT, TSC will issue EAD in C(0)(9) category (PR-pending)

Western Hemisphere Travel Initiative (WHTI)

Requires all travelers (including citizens of the US, Canada, Mexico and the Bahamas) to use a passport to enter the US

Implemented in 2 phases:1/23/2007 for air travel1/1/2008 for land and sea travel

Traveler Redress Inquiry Program (TRIP)

DHS TRIP can be used by individuals who have inquiries or seek resolution regarding difficulties they experiences during their U.S. entry or exit: http://www.dhs.gov/xtrvlsec/programs/gc_1169676919316.shtm

Consular Affairs Update

Visas and Admission

Discontinuation of Application Received Stamp (showing visa refusal), effective January 2007

E-passports required for WB/ WT entrants, effective October 2006

Personal Appearance requirement expands restrictions for personal appearance waivers 14 – 79 age range

What is verified at visa application time:

Enough English to function?

Plan that has them going back?

Can applicant articulate the plan?

Interview, approximately 3-5 minutes

Note: Consular official doesn’t see program start/ end dates or notes in SEVIS.

Types of Visa Clearances

Class (flags)

Identification (fingerprints, soon to be 10 print)

Facial recognition (personal interview)

Mantis (field of study, valid for 48 months for Fs from most countries)

Security Clearance problems: 202-663-1851

Consular Affairs: The Next Generation

Web-based visa applications

Unified appointment system

On-line payment

All electronic visa (no passport stamp)

10 fingerprint scans (by end of 2007)

DSO Resources

Consular questions: How do I inquire about…

A specific case: usvisa@state.gov or 202-663-1225

Status of a visa clearance: 202-663-1851

Clearance for certain citizens: travel.state.gov/visa/reciprocity/index.htm

Visa regulations: FOIA.state.gov

J Waiver review problems: 202-663-1225

Texas Service Center: How do I inquire about…

Region III Website Regulatory Updates: http://www.nafsa3.org/regupdates/regupdates.asp Inquiry ProceduresFax Inquiry FormFax #: (214) 962-1450 Email Inquiry: tsc.schools@dhs.gov

Resolving SEVI Hits for non-averse terminationsDSO can call SEVIS help desk to remove the SEVI hit (don’t email) Only for non-averse terminations (COS,

Authorized early Withdrawal)

Information to be included:Student’s name, DOB, SEVIS IDAirport where student entered U.S.Date student entered U.S.

NAFSA Resourceshttp://nafsa.org iManual Government-NAFSA Liaison Summaries Practice Resources Regulatory Information NAFSA.news Regional Web Sites International Student Advising Network

(sign up at www.nafsa.org/ISTA forums) NAFSA Knowledge Communities IssueNet: www.nafsa.org/IssueNet

Questions