News and updates from the NAFSA Adviser's Manual service http://www.nafsa.org/_/file/_/amresource/amnews.xml Mon, 14 May 2012 14:25:55 -0400 Mon, 14 May 2012 14:23:29 -0400 FeedForAll v2.0 (2.0.3.1) http://www.feedforall.com Visit NAFSA's Immigration at the Conference Portal Page now, for immigration updates and an overview of the conference sessions focusing on U.S. immigration matters. Use it to plan your schedule and become conversant with the immigration topics that are on people’s minds. In prior years, this information has been delivered in single session at the beginning of the conference, and if you missed it, you missed out. This year we’ll be presenting virtually, so you can prepare for the conference in advance. Downloadable resources include: printable lists of immigration sessions and workshops; a narrated immigration update presentation; a detailed immigration update handout; and a glossary of acronyms, terms, and concepts. Visit www.nafsa.org/ac12immigration now! http://www.nafsa.org/ac12immigration 4D9A3A2F-5CEC-4A7A-8C46-6F05BA45FE08 Mon, 14 May 2012 14:23:29 -0400 The Department of Homeland Security (DHS) today announced an expanded list of science, technology, engineering, and math (STEM) designated-degree programs that qualify eligible graduates on student visas for an optional practical training (OPT) extension. http://www.dhs.gov/ynews/releases/20120511-expanded-stem-degree-programs.shtm 62FEAD5F-06BD-4A21-A390-37BBA0DB18DC Fri, 11 May 2012 13:57:07 -0400 "The Department of State (Department) published an initial interim final rule with request for comment on April 26, 2011) (2011 IFR) to amend the regulatory requirements of the Summer Work Travel category of the Exchange Visitor Program. In this second interim final rule (2012 IFR), the Department expands upon and provides guidance on additional regulatory changes and bolsters portions of the regulations to both further to protect the health, safety, and welfare of Summer Work Travel Program participants and to reinforce the cultural exchange aspects of the Program." http://www.gpo.gov/fdsys/pkg/FR-2012-05-11/pdf/2012-11253.pdf BF7F20C2-43A7-4DBD-BA08-C19AB882AA45 Fri, 11 May 2012 14:00:18 -0400 On April 21, 2012, the Student and Exchange Visitor Program (SEVP) posted a notice explaining its plans for ensuring compliance with Public Law 111-306, the Accreditation of English Language Training Programs Act (Accreditation Act). This advisory analyzes that notice, and links to a NAFSA memo sent to SEVP. http://www.nafsa.org/resourcelibrary/default.aspx?id=32224 D6C33F23-FF33-40E9-AC83-06C3E0B232E4 Mon, 23 Apr 2012 11:54:59 -0400 According to a SEVIS Anticipated Changes Notice, changes planned for SEVIS Release 6.10 include enhancements to F-1 cap-gap functionality, functionality affecting eligibility for STEM OPT, and the ability to add J-2 dependents to an Initial status J-1 record after the J-1 obtains a visa but before the J-1 record is validated. Release 6.10 is scheduled to be implemented on April 20, 2012. http://www.nafsa.org/resourcelibrary/default.aspx?id=31418 530B03FD-6CAE-4CBC-B9B6-CD6DB9E4752B Fri, 13 Apr 2012 17:05:32 -0400 The U. S. Citizenship and Immigration Services (USCIS) newsletter, "Straight from the Source, March-April, 2012," addresses a new expedited process for correcting certain USCIS errors, the new look of certain Form I-797C receipt and appointment notices, and Temporary Protected Status for Syria, among other topics. http://www.nafsa.org/resourcelibrary/Default.aspx?id=32057 25B62C72-DFD6-44C4-889D-E11D9BEAE0C2 Thu, 12 Apr 2012 14:45:47 -0400 In the May 2012 Department of State Visa Bulletin, the China-Mainland and India employment-based second preference (EB-2) immigrant visa cut-off dates will retrogress by almost three years, to August 15, 2007 (The cut-off date for those countries in the April 2012 Visa Bulletin is May 1, 2010). An alien can apply for or receive an immigrant visa or adjustment of status only when his or her priority date falls before the visa cut-off date. Individuals chargeable to China-Mainland or India who are eligible to apply for adjustment of status under the EB-2 preference under April 2012 Visa Bulletin should do so before the cut-off date retrogresses on May 1. http://www.nafsa.org/resourcelibrary/Default.aspx?id=31998 DDDFCC3D-B807-4458-B182-E7C967C7D83E Mon, 9 Apr 2012 10:31:31 -0400 NAFSA staff and members of the International Student and Scholar Regulatory Practice Committee (ISS-RP) recently conducted a liaison call with the Chief of the SEVP’s new Field Representatives Unit, to discuss the creation of the unit and the activities SEVP envisions for the Field Representatives. The discussion included plans for staffing the unit and training for the Field Representatives, in addition to how the Field Representatives will carry out site visits, file reviews, and training of DSOs, among other topics. For more information about the Field Representatives Unit, be sure to attend the annual conference session "The New SEVP Field Representatives and How They Will Affect Your Work." http://www.nafsa.org/resourcelibrary/Default.aspx?id=31948 CD73062E-A88C-4122-BB89-D297E1A42B8A Mon, 9 Apr 2012 10:32:34 -0400 U.S. Citizenship and Immigration Services (USCIS) is requesting comments on proposed changes to Form I-9 and I-9 instructions. Employers use Form I-9 to verify the employment eligibility of all employees. Public comments are due to USCIS by May 29, 2012. http://www.nafsa.org/resourcelibrary/default.aspx?id=31971 0FB5E1FD-BB08-45A2-A3B7-CB4CF7A3498A Thu, 5 Apr 2012 16:16:22 -0400 USCIS has begun making available lists of employers who have registered with E-Verify. The lists also include self-reported information about whether the employer has a federal contract that contains the E-Verify FAR clause. http://www.nafsa.org/resourcelibrary/default.aspx?id=31969 5B0C36E7-7D9F-4F43-B095-546226719CBC Thu, 5 Apr 2012 16:16:45 -0400 U.S. Citizenship and Immigration Services (USCIS) has established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This process enables customers to request an expedited review of their case and correction of the decision where data entry and/or an administrative error resulted in a denial or rejection of their petition or application. http://www.nafsa.org/resourcelibrary/default.aspx?id=31967 E95B45DB-19AF-4AF9-A3D7-2F1229BA1A7C Thu, 5 Apr 2012 16:18:07 -0400 U. S. Department of Labor (DOL) has issued Frequently Asked Questions (FAQs) on how employers should enter survey information on ETA Form 9035, including a table of DOL-recognized captions for commonly used surveys. The FAQs also include information on how to change iCERT access information. http://www.foreignlaborcert.doleta.gov/pdf/H_1B_H_1B1_E_3_FAQ032712.pdf 0628FF3A-9897-461D-B612-A7CA8B3AF3FC Thu, 5 Apr 2012 16:21:17 -0400 The U. S. Citizenship and Immigration Services (USCIS) Office of Public Engagement seeks your feedback and suggestions to help ensure that its stakeholder engagements (teleconferences and meetings) address the questions and concerns of our stakeholders. They encourage you to review the schedule of events and submit other topics of interest but ask that you not submit case-specific inquiries. See the USCIS blog for additional information. http://blog.uscis.gov/2012/04/office-of-public-engagement-wants-to.html 25BCA80A-13DF-450E-B7A7-CD51BBB7B628 Thu, 5 Apr 2012 16:19:50 -0400 NAFSA has posted a summary of the recent liaison call with the Chief of the Student and Exchange Visitor Program’s (SEVP’s) new Field Representatives Unit, including plans for staffing the unit and training for the Field Representatives, in addition to how the Field Representatives will carry out site visits, file reviews, and training of DSOs, among other topics. http://www.nafsa.org/resourcelibrary/Default.aspx?id=31948 44A4A1CF-FBDD-4643-9824-6DA79DFEB9D7 Thu, 5 Apr 2012 16:17:42 -0400 U. S. Department of Labor (DOL) has issued "PERM select statistics" for the period January 1 to March 5, 2012 indicating its processing times for ETA Form 9089, the total number of applications received, and the number approved, denied, and withdrawn during the period. http://www.foreignlaborcert.doleta.gov/pdf/PERM_Factsheet_Febr_2012.pdf B67320F0-7AB6-4DDD-B0CA-39ECE22AABF5 Thu, 5 Apr 2012 16:21:49 -0400 On April 3, 2012, DHS published a notice in the Federal Register granting special student relief benefits to certain Syrian F-1 students. http://www.nafsa.org/resourcelibrary/default.aspx?id=31929 E969A286-654E-4023-83E7-341E0FC1BF9C Tue, 3 Apr 2012 09:56:48 -0400 Many types of Form I-797 are printed on a special type of paper with security features. Form I-797C is issued to communicate receipt of payments, rejection of applications, transfer of files, fingerprint biometric, interview and re-scheduled appointments, and re-open cases. USCIS announced that on April 2, 2012, it will stop issuing Form I-797C on special paper, and begin using plain bond paper, since Form I-797C is used only to communicate information that does not convey an immigration benefit. USCIS estimates that this change will save taxpayers about $1.1 million dollars per year. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=583c8b9740466310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD D310F87A-124C-4BC1-975D-20F8D2F0C2E7 Mon, 2 Apr 2012 11:57:56 -0400 U. S. Department of Labor (DOL) has issued Frequently Asked Questions (FAQs) on how employers should enter survey information on the ETA Form 9035, including a table of DOL-recognized captions for commonly used surveys. The FAQs also include information on how to change iCERT access information. http://www.foreignlaborcert.doleta.gov/pdf/H_1B_H_1B1_E_3_FAQ032712.pdf 54EC8AB1-F575-47F6-BDAF-B97C06D86BAF Mon, 2 Apr 2012 11:57:24 -0400 In a March 29, 2012 Federal Register notice [77 Fed.Reg. 18907 (March 29, 2012)], the Department of State announced a new nonimmigrant and immigrant visa fee schedule, that will become effective April 13, 2012. Although the fees become effective April 13, 2012, written comments will be accepted from the public if submitted on or before May 29, 2012. http://www.nafsa.org/resourcelibrary/default.aspx?id=31886 10899D64-9E24-4E0E-88CC-F8191C048554 Thu, 29 Mar 2012 12:13:43 -0400 On March 29, 2012, DHS published a notice in the Federal Register designating Syria for Temporary Protected Status (TPS) for a 180-day period. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on March 29, 2012. Applicants found eligible under the terms of the Federal Register notice will be granted TPS benefits until September 30, 2013. U.S. Citizenship and Immigration Services (USCIS) will be hosting a stakeholder engagement on Thursday, March 29th from 4-5 pm (Eastern Time) to discuss the process for filing TPS applications for Syrian Nationals and to address questions and concerns related to the TPS application process. Advising on TPS and the impact of TPS on nonimmigrant status should be handled by experienced legal counsel. http://www.nafsa.org/regulatoryinformation/default.aspx?id=31178 55EACC00-DFC3-4260-BB03-F38054E80888 Thu, 29 Mar 2012 09:42:38 -0400 In a March 2012 SEVIS Performance Update, the Student and Exchange Visitor Program (SEVP) advised SEVIS users regarding batch upload and download issues and SEVIS real-time interactive (RTI) timeouts. http://www.nafsa.org/resourcelibrary/default.aspx?id=31765 E6E04811-D1A7-496F-9ABA-B0487BA46009 Wed, 28 Mar 2012 15:44:55 -0400 Student and Exchange Visitor Program (SEVP) officials recently provided NAFSA this letter that it intends to send to the executive or owner of a school that has failed to apply for recertification at least 30 days in advance of its certification expiration date (CED). http://www.nafsa.org/resourcelibrary/default.aspx?id=31704 04C81E0B-F1DC-469F-A254-41337DB355B7 Wed, 21 Mar 2012 10:10:43 -0400 NAFSA just received the following information from DOL: "We are experiencing issues on the iCERT System that are impacting our external stakeholders. The system will be unavailable from approximately 3:30pm ET until approximately two hours later in order to address these issues. We apologize for the inconvenience." http://icert.doleta.gov/ 78C78784-BDCC-4A3E-8477-C710F4EF736E Fri, 16 Mar 2012 09:19:28 -0400 In a March 5, 2012 new alert, USCIS announced that it "has resumed sending the original I-797 receipt and approval notices to the attorney or accredited representative listed on the Form G-28, Notice of Entry of Appearance as Attorney or future delays in VIBE and will allow premium processing customers to submit petitions without enclosing a postage pre-paid envelope." http://www.nafsa.org/resourcelibrary/default.aspx?id=28837 E8B0F223-92E1-42E8-82E5-90D1EC69B6E3 Wed, 7 Mar 2012 13:43:01 -0500 Slides from SEVP's "SEVIS and SEVIS II Updates" presentation. SEVP will be making this presentation at Spring, 2012 meetings of international educators. It addresses the following topics: SEVIS II progress and estimated 2014 implementation; Study in the States" initiative; SEVP's 2012 regulatory agenda; Recertification pointers; Update on I-17 update adjudication backlogs; Staffing of the Field Representatives Unit; and Contacting SEVP. http://www.nafsa.org/resourcelibrary/Default.aspx?id=31312 51E3BE97-5161-4140-A787-471A2961AEAC Wed, 7 Mar 2012 09:25:11 -0500 This page lists information and resources that can assist international student and scholar advisers in their work with Syrian students, scholars, and their families who are currently in the United States, during the unrest in that country. http://www.nafsa.org/regulatoryinformation/default.aspx?id=31178 46391BB0-8757-4F4D-9635-36019FD59DE1 Wed, 7 Mar 2012 09:24:46 -0500 In a meeting with NAFSA staff, Student and Exchange Visitor Program (SEVP) officials provided this overview of the recently established SEVP Analysis and Operations Center (SAOC). With the creation of SAOC, SEVP will be better able to analyze SEVIS data and utilize established risk factors in its enforcement and compliance efforts. SAOC will become responsible for “out of cycle reviews” (those not associated with program certification or recertification) described in the regulations at 8 CFR 241.3(h)(3) and site visits. The “out of cycle review” process, which may be triggered by certain I-17 updates, may require only communication with SEVP or may result in a site visit, and SAOC may also conduct random site visits to verify compliance. We will post additional information about SAOC as it is obtained. http://www.nafsa.org/resourcelibrary/Default.aspx?id=31196 9D53D564-92DB-4070-89A9-54E83CB2FB23 Fri, 24 Feb 2012 18:56:46 -0500 On February 13, 2012, the U.S. State Department launched a new visa pilot program in China that will allow certain visa applicants in the B, C1, D, F, J, M, and O categories whose visas have expired less than 4 years ago (48 months) to renew their visas in the same classification without another interview. According to the Foreign Affairs Manual (9 FAM 41.102 N9.1), F, M, and J visa applicants are eligible for the pilot program provided the applicant is renewing his or her visa to continue participation in the same program or attendance at the same institution as with the previous visa. Applicants who qualify for an interview waiver under the new guidelines can follow existing procedures to renew their visas. This program is part of a January 19 Executive Order signed by President Obama detailing several new initiatives designed to boost travel and tourism to the United States, including improved visa processing. In a statement delivered by Gary Locke, U.S. Ambassador to the People’s Republic of China, in addition to the pilot program, several other initiatives will be launched by Mission China to improve visa processing, such as adding 50 new consular officers and reopening a consular facility to increase visa interview capacity in Beijing by 50%. NAFSA has long advocated for revising the policy on interviews for visa applicants, particularly for frequent travelers and those seeking visa renewals; the China pilot program is a good step in this direction, especially as the visa validity period for students and scholars from China is brief (12 months). According to State, other posts will launch the pilot program, as appropriate. NAFSA will monitor the program’s progress and continue to press for further policy improvements. http://www.nafsa.org/resourcelibrary/Default.aspx?id=31128 BFD0EB3D-5C5B-46DB-B219-C2E798B313F4 Tue, 21 Feb 2012 13:22:02 -0500 Effective February 6, 2012, the U.S. Embassy has suspended operations and is not open for normal consular services. Neither U.S. passports nor visas to the United States will be issued in Damascus. http://travel.state.gov/travel/cis_pa_tw/tw/tw_5633.html 408A51C1-CC15-4F78-87B1-4AC7AF5E3321 Wed, 8 Feb 2012 09:18:44 -0500 On February 2, NAFSA Executive Director and CEO Marlene M. Johnson sent letters to President Barack Obama and Department of Homeland Security Secretary Janet Napolitano expressing support for the recently announced policy changes at the Department of Homeland Security to attract and retain foreign talent. The administrative reforms are intended to make the United States more attractive to high-skilled foreign students and workers and are an important step in reforming our nation’s employment-based immigration system. Many of the announced changes, including allowing spouses of foreign students to study part-time and allowing spouses of certain H-1B workers to work, were recommendations that NAFSA made to the Department of Homeland Security in a comment letter sent in April of 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=30906 2A15FC6D-84E9-4B0B-8839-98041428F869 Tue, 7 Feb 2012 14:36:50 -0500 This User Guide was prepared by the Department of Labor's Office of Foreign Labor Certification (OFLC) to assist users of the ETA 9141 Prevailing Wage component of the iCERT system, including use of the support doc upload and director review request functions added on February 6, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=30922 C51E8D6F-B51E-4C9D-BFA6-0B9E95E3D141 Tue, 7 Feb 2012 14:36:31 -0500 The new ICE public advocate position will have four main duties: 1) Assist individuals and community stakeholders in addressing complaints and concerns in accordance with agency policies and operations, particularly concerns related to ICE enforcement actions that affect U.S. citizens; 2) Inform stakeholders on ERO policies, programs and initiatives, and enhance understanding of ERO’s mission and core values; 3) Engage stakeholders and build partnerships to facilitate communication, foster collaboration and solicit input on immigration enforcement initiatives and operations; and 4) Advise ICE leadership on stakeholder findings, concerns, recommendations and priorities as they relate to improving immigration enforcement efforts and activities. http://blog.dhs.gov/2012/02/ice-announces-first-ever-public.html D241B504-2D9B-4C55-AB16-CA5B838B8852 Tue, 7 Feb 2012 12:06:58 -0500 On February 6, 2012, the Office of Foreign Labor Certification (OFLC) will implement several enhancements to the iCERT Prevailing Wage Module. New features will include the ability to upload supporting documentation like wage surveys as part of the ETA Form 9141 submission process, and electronic Requests for NPWC Center Director review. There will be an iCERT system outage between 8 a.m. - 1 p.m. EST on February 6, 2012 to implement the changes. http://www.nafsa.org/resourcelibrary/default.aspx?id=30812 A20D5566-D3DD-4C26-A4B6-7D71C19DAEC4 Wed, 1 Feb 2012 16:58:22 -0500 Users experiencing an unexpected disconnection from SEVIS. "These timeouts may cause errors or slow response times when working in SEVIS Real- Time Interactive. Unrelated to the above resolved items, these timeouts may also cause latency or service unavailable messages when uploading or downloading via batch. These messages are intermittent and do not affect all users, but SEVP is aware of them and, with support of ICE AHS, is investigating them. Until SEVP can determine the cause and implement a solution, the SEVIS Help Desk is tracking related call/e-mails via Master Ticket #5594008 to monitor performance for further diagnostic. Please continue to report any issues to the SEVIS Help Desk. The SEVIS Help Desk is available between 8:00 a.m. and 8:00 p.m. EST either via phone at 800-892-4829 or via e-mail at SEVIShelpdesk[at]hp.com." http://www.nafsa.org/resourcelibrary/default.aspx?id=30800 339DA7B4-26A1-441F-A1AE-08219615C98F Wed, 1 Feb 2012 16:47:19 -0500 This document highlights NAFSA's engagement with federal agencies during the fourth quarter (October-December) of 2011 concerning regulatory practice issues and provides links to summaries and information. http://www.nafsa.org/resourcelibrary/default.aspx?id=30726 A62CCE17-9D8C-4E89-A2A2-646CE11995BB Wed, 1 Feb 2012 16:46:26 -0500 Agencies have invited public comment on Form I-539, Form DS-7002, and a USCIS interim policy memo on the role of attorneys. http://www.nafsa.org/regulatoryinformation/default.aspx?id=18362 FA39008E-5413-481E-84DA-415DA50F1FCC Fri, 27 Jan 2012 09:10:08 -0500 On January 19, President Obama signed an executive order detailing several new initiatives designed to boost travel and tourism to the United States, including improved visa processing. http://www.nafsa.org/resourcelibrary/default.aspx?id=30447 1906B20E-9634-4F1D-8000-4714702A4147 Fri, 20 Jan 2012 10:11:34 -0500 NAFSA has posted a summary of the January 6, 2011 U. S. Department of Labor (DOL) stakeholder meeting. Topics addressed include: expected iCERT enhancements, processing delays, prevailing wage determination issues, recent system glitches, recent Help Desk issues, withdrawal of a labor certification application filed with USCIS, and recent Board of Alien Labor Certification Appeals decisions. http://www.nafsa.org/resourcelibrary/default.aspx?id=30277 C4E2C2D9-35B8-475C-AEC9-20334C995C65 Thu, 12 Jan 2012 15:25:16 -0500 The Department of Homeland Security's Inspector General Office has issued a report with recommendations concerning US Citizenship and Immigration Services' (USCIS) Transformation effort. The report reviews challenges USCIS has faced in implementing a paperless electronic filing and adjudications system, and the steps USCIS has been taking to address those challenges. The DHS OIG also includes recommendations for USCIS, and the USCIS response to those recommendations. http://www.nafsa.org/resourcelibrary/default.aspx?id=30073 47096355-874E-4D8B-BB53-EF10BAB0965C Wed, 4 Jan 2012 15:34:35 -0500 The USCIS Office of Public Engagement invites any interested individuals to participate in a teleconference regarding the Form I-140 and adjudications of EB1 cases under the Kazarian standards. The teleconference will be on Wednesday, January 18, 2012 from 1:30 to 3:00pm (EST). http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e2d7c963c6264310VgnVCM100000082ca60aRCRD&vgnextchannel=e0b081c52aa38210VgnVCM100000082ca60aRCRD 9FB545EA-8079-4904-814D-5529DE07283B Fri, 30 Dec 2011 10:16:41 -0500 From DOL: Chicago NPC UPS Holiday Delivery Notice. United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011. http://www.foreignlaborcert.doleta.gov/news.cfm 465348AF-9328-474F-BD1A-2FB9161E435F Wed, 21 Dec 2011 16:08:33 -0500 In a broadcast message sent to SEVIS users on Friday, December 16, SEVP said it believes it has resolved recent problems with batch system downloads, which had been caused by server issues. SEVP encouraged batch schools to continue to call the SEVIS Help Desk if they still require assistance. http://www.nafsa.org/resourcelibrary/default.aspx?id=29911 76051479-43F8-4973-BF7E-0BC1759139BA Wed, 21 Dec 2011 16:05:08 -0500 In this Guidance Directive, the Department of State's Office of Exchange Coordination and Compliance reviews basic guidelines for maintaining SEVIS records for J-1 and J-2 nonimmigrants. http://www.nafsa.org/resourcelibrary/default.aspx?id=29965 4F3EA035-7561-4F93-9E06-89C4AB47D6B8 Fri, 16 Dec 2011 09:01:28 -0500 The Student and Exchange Visitor Program (SEVP) developed this message to help F and M school Designated School Officials (DSOs) advise students who will be traveling during the holiday season. The tips were included in a broadcast message sent to SEVIS users and were also posted on the StudyInTheStates.gov blog. http://www.nafsa.org/resourcelibrary/default.aspx?id=29942 FC702715-1E46-4AD0-93CF-66B0C379A211 Fri, 16 Dec 2011 09:00:33 -0500 The Student and Exchange Visitor Program (SEVP) provided the following guidance to students studying at a school whose SEVIS certification has been automatically withdrawn as a result of the school recertification process. http://www.nafsa.org/resourcelibrary/default.aspx?id=29799 2CB2C198-FBF4-45E0-877B-ABCD3B1A4835 Fri, 16 Dec 2011 08:59:29 -0500 On December 2, 2011, however, USCIS announced a delay to its plans to implement the first phase of its Transformation program, stating that, "While we sought to roll-out the first release this month, our testing is not complete. We will inform you of our recalibrated timeframe for our first release after more testing is completed in the next few weeks." http://www.nafsa.org/resourcelibrary/default.aspx?id=29821 E036B057-2321-41AB-853D-9E3F9FE98763 Fri, 9 Dec 2011 16:25:55 -0500 USCIS announced that the FY 2012 cap of 65,000 was reached on November 23, 2011, which was "the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2012." USCIS had previously announced that the H-1B Master’s Exemption of 20,000 was reached as of October 21, 2011. http://www.nafsa.org/regulatoryinformation/default.aspx?id=25692 0808839F-02E4-4EBD-840E-9251AEF8B916 Fri, 9 Dec 2011 09:26:29 -0500 The Department of Labor Released its 2010 Foreign Labor Certification Annual Report. The report presents data and information on the prevailing wage determination process and permanent and temporary labor certifications for fiscal year 2010. http://www.nafsa.org/resourcelibrary/default.aspx?id=29807 E211F750-BDE2-4C8E-900E-F42763C69F3B Thu, 8 Dec 2011 10:55:33 -0500 In Matter of Karl Storz Endoscopy-America [BALCA Case No. 2011-PER-00040 (December 1, 2011)], the Board of Alien Labor Certification Appeals (BALCA) defined when recruitment "begins" for purposes of the PERM prevailing wage determination validity provision at 20 CFR 656.40(c). http://www.nafsa.org/resourcelibrary/default.aspx?id=29814 EF7B0F28-0C41-439D-AA52-B2471680EF3E Tue, 6 Dec 2011 16:55:35 -0500 BALCA defines the term "permanent" for purposes of 20 C.F.R. § 656.10(c)(10), which requires an employer to attest in a PERM application that the "job opportunity is for full-time, permanent employment for an employer other than the alien." The context was PERM applications filed for medical residents. http://www.nafsa.org/resourcelibrary/default.aspx?id=29834 F12C1B9F-F602-4445-B44E-B32A290E5A51 Tue, 6 Dec 2011 16:48:28 -0500 The Student and Exchange Visitor Program's (SEVP) Fall 2011 conference presentation, entitled "Recertification: Easy as Review, Sign, and Submit," contains an explanation of the F and M school recertification process and tips on I-17 updates. The slideshow also contains a brief update on the progress of SEVIS II. http://www.nafsa.org/resourcelibrary/default.aspx?id=29641 3D1A2FBD-A3A1-4DD3-8968-C58CA26D1747 Thu, 1 Dec 2011 09:53:36 -0500 On the afternoon of Friday, November 18, 2011, the Student and Exchange Visitor Program (SEVP) notified SEVIS users through a broadcast message that the Department of State (DOS) had temporarily halted issuing F, M, and J visas because of a problem with DOS Consular Consolidated Database (CCD)-SEVIS data interface. DOS has informed NAFSA that the issue was resolved over the weekend, and that consular posts have been notified. http://www.nafsa.org/resourcelibrary/default.aspx?id=29540 6DFDBE5E-3E82-4523-A3A7-31D4ACC75974 Mon, 21 Nov 2011 10:21:29 -0500 This document highlights NAFSA's engagement with federal agencies during the third quarter (July-September) of 2011 concerning regulatory practice issues and provides links to summaries and information. http://www.nafsa.org/resourcelibrary/default.aspx?id=29523 40A51F49-DC91-4E2D-A38A-81B3E36C059C Fri, 18 Nov 2011 16:38:30 -0500 The Student and Exchange Visitor Program (SEVP) prepared a set of Frequently Asked Questions on filing an appeal or motion to reopen/reconsider of an SEVP Notice of Denial, Automatic Withdrawal or Withdrawal. http://www.nafsa.org/resourcelibrary/default.aspx?id=29464 E1EB6AA5-3850-4BB7-9862-C3D9F8DB617A Wed, 16 Nov 2011 14:25:12 -0500 In Matter of Children’s Hospital Corporation [BALCA 2011-PER-01338 (November 15, 2011)], the Board of Alien Labor Certification Appeals (BALCA) examined a teaching hospital’s relationship with a university medical school, to determine whether the hospital should be considered “affiliated or related” to an institution of higher education under INA 212(p)(1) and 20 CFR 656.40, for purposes of prevailing wage determinations under the American Competitiveness and Workforce Improvement Act (ACWIA). BALCA found that the hospital’s long-standing, integral, and well-documented relationship with the medical school satisfied the requirements of INA 212(p)(1) and 20 CFR 656.40, and as such the hospital was entitled to receive a prevailing wage determination under ACWIA. http://www.nafsa.org/resourcelibrary/default.aspx?id=29511 A417CE52-B752-4FE3-976F-F30B5046A853 Wed, 16 Nov 2011 14:23:53 -0500 SEVP has been instructing schools to update their Forms I-17 with all "instructional sites," even if those sites do not constitute campuses. This NAFSA practice resource is meant to assist schools in managing their Form I-17 given this SEVP policy. http://www.nafsa.org/resourcelibrary/default.aspx?id=29197 4B9C596F-6915-4173-84FA-E9DE34F0B556 Mon, 14 Nov 2011 13:59:00 -0500 This slideshow was used by ICE's Counterterrorism and Criminal Exploitation Unit (CTCEU) at NAFSA 2011 regional conferences, to explain the mission of CTCEU and its SEVIS Exploitation Section, and describe its Campus Sentinel program. http://www.nafsa.org/resourcelibrary/default.aspx?id=29289 A42D07BC-418F-4B09-A541-826159B80832 Thu, 3 Nov 2011 14:56:06 -0400 This USCIS powerpoint presentation was used by USCIS at NAFSA 2011 regional conferences to update NAFSAns on the progress and initial capabilities planned for USCIS's Transformation initiative, whose goal is to move from a paper-based, form-centric benefits application and petition system to an electronic, person-centric system. http://www.nafsa.org/resourcelibrary/default.aspx?id=29287 8C3BEE98-FB15-47AB-85CB-99900AAFB47A Thu, 3 Nov 2011 14:55:18 -0400 October 2011 USCIS quarterly bulletin on External Data Interface Standards (EDIS), related to USCIS Transformation. http://www.nafsa.org/resourcelibrary/default.aspx?id=29291 CE5883B1-2179-496C-8086-FE57E6B77D77 Thu, 3 Nov 2011 14:54:20 -0400 The following topics were addressed in the September 21, 2011 NAFSA liaison call with the Department of State Visa Office: Visa denials in India; Export controls and J-1 Visas; Additional documentary requirements for H and L visa applicants at Hyderabad; "Pre-clearance" for SAOs; Nonimmigrant visa application, backlogged immigrant petition; Multiple visas; Impact of long-pending SAOs; Interagency consistency and collaboration on naming conventions. http://www.nafsa.org/resourcelibrary/default.aspx?id=29284 EC531A16-7255-4832-A249-E75C45F94909 Thu, 3 Nov 2011 14:52:38 -0400 NAFSA submitted comments on a final USCIS rule that the agency published to make USCIS regulations more compatible with the electronic filing processes planned under the USCIS Transformation Program. Focusing on new language in the rule which specifies that an applicant or petitioner must "continue to be eligible through adjudication” of a benefit request, NAFSA's comment encourages USCIS to ensure that USCIS processing times do not result in penalties to petitioners and applicants. http://www.nafsa.org/resourcelibrary/default.aspx?id=29222 B59E97C3-9CF6-40D5-B017-23D9C31EA515 Fri, 28 Oct 2011 16:22:20 -0400 SEVP describes changes implemented with SEVIS Release 6.9 on October 28, 2011, including making the "Average Annual Number" field on Form I-17 adjudicable, and receiving J-2 change of status and J-2 EAD information from USCIS's CLAIMS system. http://www.nafsa.org/resourcelibrary/default.aspx?id=29214 1B341680-5D8C-4A2C-BA14-6816C8116076 Fri, 28 Oct 2011 16:19:43 -0400 On October 20, 2011, USCIS reversed a recently announced policy, and will once again begin sending original I-797 approval notices to attorneys and representatives. http://www.nafsa.org/resourcelibrary/default.aspx?id=28837 642EFCE8-4C41-47AD-8744-79D3FC9CC629 Fri, 28 Oct 2011 16:18:30 -0400 DOL posted notice that they would become current (i.e., processing with 60 days of filing) on NPWC prevailing wage determination requests by the week of October 23 for PERM PWD requests and by the week of November 6 for H-1B PWD requests. DOL also advised on difficulties some PERM filers are having because of updated SOC codes not yet being incorporated into the PERM online application system. http://www.nafsa.org/resourcelibrary/Default.aspx?id=28054 C90FB07B-A9C1-47B9-A87A-8F23F1C33C4E Wed, 26 Oct 2011 11:46:28 -0400 USCIS announced that the FY 2012 H-1B Master’s and Higher Degree Exemption of 20,000 was reached as of October 21, 2011. Check the USCIS FY 2012 H-1B Cap page for current H-1B numbers counted towards the 65,000 cap. http://www.uscis.gov/h-1b_count 217A794E-8810-4A3F-9748-3EF930C1E581 Wed, 26 Oct 2011 11:45:04 -0400 The Student and Exchange Visitor Program has begun producing a newsletter called "SEVP Spotlight." Volume 1 Issue 1 (October 2011) contains updates on SEVIS II, planned SEVP regulatory changes, and an overview of DHS's new Study in the States initiative. http://www.nafsa.org/resourcelibrary/default.aspx?id=29042 C3D11DCC-9A54-40E4-A37A-DA4C799B07D6 Tue, 18 Oct 2011 12:47:59 -0400 SEVP Broadcast Message 1110-01 notifies SEVIS users about the availability of SEVP's Webinar, "Recertification: A Dialogue from an Institutional Perspective." An accompanying set of slides and a transcript of the webinar are also available. http://www.nafsa.org/resourcelibrary/default.aspx?id=28989 EB01F3DB-4692-40E4-A167-40D51674CB01 Wed, 12 Oct 2011 14:30:21 -0400 "The Study in the States Initiative will examine the existing student visa and exchange visitor programs, as well as related programs for students after they have completed their course of study, to identify problem areas, and to consider possible improvements. The initiative will also seek to enhance coordination between the various federal agencies that play a role in implementing our student visa and exchange visitor programs. This initiative brings together the Student and Exchange Visitor Program (SEVP), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP) and the Department of State." http://studyinthestates.dhs.gov/ FAA27DC0-918F-4122-B390-1C95A5BF2B3A Wed, 12 Oct 2011 14:32:15 -0400 On September 30, 2011, U.S. Citizenship and Immigration Services (USCIS) notified stakeholders that on September 12, 2011, it began sending original I-797 receipt and approval notices directly to the mailing address listed on an application or petition, even when the beneficiary or petitioner is represented by an attorney or representative. http://www.nafsa.org/resourcelibrary/default.aspx?id=28837 BC010748-21F7-4A64-AA11-0A3E7DF16C5C Tue, 4 Oct 2011 14:47:08 -0400 In a September 14, 2011 Broadcast Message, the Student and Exchange Visitor Program (SEVP) describes the conditions for reduced course load authorizations for Libyan F-1 ESL students who have been granted Special Student Relief. http://www.nafsa.org/resourcelibrary/default.aspx?id=28755 56BFD259-897B-4A63-9BF7-7C73192D4D08 Tue, 27 Sep 2011 11:33:05 -0400 An updated fact sheet prepared by the Student and Exchange Visitor Program (SEVP) provides information to designated school officials (DSOs) and responsible officers (ROs) to help F, M or J nonimmigrants obtain a state driver's license or state identification card. http://www.nafsa.org/resourcelibrary/default.aspx?id=28751 4D51B765-E27F-416B-8977-ED46C8ED6CD2 Tue, 27 Sep 2011 11:30:24 -0400 The Department of Labor posted the following system maintenance alerts on Friday, September 16, 2011: On Monday, September 19th from 7am to 11am EDT, the iCERT System will be unavailable as we implement improvements on system management of user profiles. On Thursday, September 29th from 4pm to 8pm EDT, all FLC Systems will be unavailable as we expand the backend storage system. http://www.nafsa.org/resourcelibrary/default.aspx?id=28691 18D41EF9-9FE1-4144-B6F1-085AA216130F Tue, 27 Sep 2011 11:29:03 -0400 Department of Labor PERM FAQs [PERM FAQs, College and University Teachers - Recruitment, FAQ 6] now allow use of an electronic or Web-based national professional journal instead of a print journal when conducting recruitment under 20 CFR 656.18 (PERM cases filed under "special handling" provisions for college and university teachers), but only under the following specific conditions: 1) The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal's website; 2) Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement. On September 28, 2011, DOL revised its FAQ to remove a condition that also required the electronic or web-based journal's job listings must be viewable to the public without payment of subscription and/or membership charges; http://www.nafsa.org/resourcelibrary/default.aspx?id=28550 9F8E3F90-E088-406A-AC08-46BA04C044C9 Fri, 2 Sep 2011 11:54:42 -0400 This August 29, 2011 Privacy Act Assessment (PIA) prepared by USCIS addresses how the changes in regulations and collections of information being undertaken as part of USCIS' Transformation program "will permit USCIS to shift to a transformed electronic invironment." http://www.nafsa.org/resourcelibrary/default.aspx?id=28506 530857CA-190C-4013-8881-CFA3A1907AD4 Wed, 31 Aug 2011 12:22:21 -0400 U. S. Citizenship and Immigration Services (USCIS) California Service Center will conduct an open house, including a tour and information sessions, on Wednesday September 21, 2011. RSVP by September 14. See the invitation for details. http://www.nafsa.org/resourcelibrary/default.aspx?id=28481 74B5ECFE-30E8-4301-87AB-919DD3B872C5 Wed, 31 Aug 2011 12:16:55 -0400 This USCIS final rule, effective November 28, 2011, is titled Immigration Benefits Business Transformation, Increment I. A major goal of the rule is to make USCIS regulations more compatible with the electronic filing processes planned under the USCIS Transformation Program. http://www.nafsa.org/resourcelibrary/default.aspx?id=28465 AD8ADD44-7921-4BA6-BE73-5BD106CBB519 Wed, 31 Aug 2011 12:16:35 -0400 U.S. Citizenship and Immigration Services (USCIS) issued this policy memo to ensure that USCIS adjudicates Form I-539 applications for changes to and extensions of B-2 visitor status "uniformly and consistently with the manner in which" the Department of State [DOS] issues B-2 visas to cohabitating nonimmigrant partners and other household members of principal nonimmigrants when the household member cannot obtain derivative status as a dependent [see 9 FAM 41.31 N14.4]. http://www.nafsa.org/resourcelibrary/default.aspx?id=28471 D81545B4-D996-4E5C-BB61-75EF8E7801A4 Wed, 31 Aug 2011 12:16:29 -0400 USCIS promises "streamlined access to immigration information, case status, and customer service representatives" with its redesigned Interactive Voice Response (IVR) system at the National Customer Service Center (NCSC). http://www.nafsa.org/resourcelibrary/default.aspx?id=28466 4367B674-E288-4439-8BB5-7C25F8038AE3 Wed, 31 Aug 2011 12:16:15 -0400 On August 18, 2011, NAFSA, ACIP, and AILA participated in a stakeholder conference call with officials from U.S. Department of Labor’s Office of Foreign Labor Certification to discuss delays in prevailing wage determinations and ACWIA SOC 2010 codes missing from iCERT. http://www.nafsa.org/resourcelibrary/default.aspx?id=28369 FFB01656-C340-42DA-9513-BFC345AB7F07 Wed, 31 Aug 2011 12:16:02 -0400 On August 18, 2011, NAFSA submitted comments to U.S. Citizenship and Immigration Services (USCIS) on how it might improve Form I-765 “Application for Employment Authorization” and its instructions. USCIS had published a notice in the July 20, 2011, Federal Register asking for such comments so that it might, among other things, “enhance the quality utility, and clarity” of the form and “minimize the burden” on those who use it. http://www.nafsa.org/resourcelibrary/default.aspx?id=28367 55E8DFC1-E099-4174-B11E-6E8FE6B38DB6 Wed, 31 Aug 2011 12:15:38 -0400 This Draft Statement Of Objectives for SEVIS II contains tentative SEVIS II implementation timeline. http://www.nafsa.org/resourcelibrary/default.aspx?id=28268 56806808-C1AF-4ADB-ADFF-D85E3891349A Wed, 31 Aug 2011 12:14:59 -0400 On August 8, 2011, the Student and Exchange Visitor Program (SEVP) sent Broadcast Message 1108-01, which contains guidance on SEVIS password security and procedures for making changes to PDSOs and DSOs in SEVIS. Attached to the message were revised versions of SEVP’s P/DSO documentation checklist and fax cover letter. The revised checklist now includes an additional documentation item, which requires schools to include copies of Form I-9 for school officials who are added to the school's I-17. http://www.nafsa.org/resourcelibrary/default.aspx?id=28161 CACAC388-A6E9-49E3-9B35-01CA4E4B7593 Tue, 9 Aug 2011 09:11:22 -0400 The OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule will be published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC. http://www.nafsa.org/resourcelibrary/default.aspx?id=28054 3C000004-1F86-41BE-BA2A-CD47CE925130 Mon, 1 Aug 2011 11:15:08 -0400 On July 29, 2011, the Student and Exchange Visitor Program (SEVP) sent Broadcast Message 1107-04 to SEVIS school officials, to explain how to respond to requests for school transfer made by F-1 students currently attending University of Northern Virginia. On July 28, 2011, SEVP had issued a Notice of Intent to Withdraw (NOIW) that school's SEVIS certification, and the school's officials do not currently have access to SEVIS. SEVP has also posted separate guidance for the students themselves on the SEVP Web site. The guidance to students has also been summarized in Broadcast Message 1107-04. http://www.nafsa.org/resourcelibrary/default.aspx?id=28039 3C000003-1F86-41BE-BA2A-CD47CE925130 Mon, 1 Aug 2011 11:15:08 -0400 This July 22, 2011 Broadcast Message from the Student and Exchange Visitor Program (SEVP) to SEVIS users, clarifies that an October 2, 2009 SEVP decision relating to full course of study requirements for students at California community colleges applied only to the Fall, 2009 term. The message clarifies that the special provisions of that decision "have not been applicable to any term since the conclusion of the fall 2009 term. All F-1 students enrolled in any of California's community colleges, therefore, must meet full course of study requirements directed in regulation, without amendment." http://www.nafsa.org/resourcelibrary/default.aspx?id=28046 3C000002-1F86-41BE-BA2A-CD47CE925130 Mon, 1 Aug 2011 11:15:08 -0400 This document highlights NAFSA's engagement with federal agencies during the second quarter (April-June) of 2011 concerning regulatory practice issues and provides links to summaries and information. http://www.nafsa.org/resourcelibrary/default.aspx?id=27940 3C000001-1F86-41BE-BA2A-CD47CE925130 Mon, 1 Aug 2011 11:15:08 -0400 In December, 2011, USCIS plans to implement the first phase of its Transformation program, with a fully electronic, account-based Form I-539 that can be used "to extend, change or reinstate the following nonimmigrant visa classifications: B, F, J, and M." During this first phase, use of the Transformation Form I-539 will be optional, and the standard paper-based filing and e-filing options will continue to be available. http://www.nafsa.org/resourcelibrary/default.aspx?id=27819 3C83BB51-1F86-41BE-BA2A-CD47CE925130 Tue, 26 Jul 2011 11:15:08 -0400 Transformation is the USCIS project to move the filing and adjudication of USCIS benefits from the current paper-based model to a “person-centric, account-based business model.” The USCIS Transformation system will rely on the self-service online creation of an individual immigration account. http://www.nafsa.org/regulatoryinformation/default.aspx?id=27818 CAA8EA83-9622-4F3A-B9A3-85A83DB50325 Tue, 26 Jul 2011 11:13:37 -0400 In a July 20, 2011 decision, the Board of Alien Labor Certification Appeals (BALCA) disagreed with a Department of Labor (DOL) policy that requires that ads used in “special handling” PERM cases for college and university teachers be placed only in print publications. BALCA remanded the case back to DOL. http://www.nafsa.org/resourcelibrary/default.aspx?id=27896 8AE81173-F5AE-49E6-A0ED-E05A219D347D Tue, 26 Jul 2011 09:57:37 -0400 SEVP sent Broadcast Message 1010-01A to SEVIS users on July 14, 2011. It supersedes a prior version of the message [1010-01, sent June 30, 2011], which contained inaccurate I-515A processing information. http://www.nafsa.org/resourcelibrary/default.aspx?id=27829 C179A8D6-EB40-40E6-9F90-04093C82FCA9 Tue, 26 Jul 2011 09:45:05 -0400 The SEVIS RTI user manuals covering Form I-17, Form DS-3036, and Form DS-2019 have been updated for SEVIS 6.8, and the user manual for Form I-20 has been updated for SEVIS 6.7 (there were no changes to I-20 functionality in SEVIS 6.8). SEVIS 6.8, implemented on June 24, 2011, made several I-17 fields adjudicable. Changes to J SEVIS were also included. http://www.nafsa.org/regulatoryinformation/default.aspx?id=27764 35756EC3-22BE-46Z6-88IE-F732BC5A0CB8 Tue, 19 Jul 2011 15:48:41 -0400 SEVIS 6.8, implemented on June 24, 2011, has made several I-17 fields adjudicable. Changes to J SEVIS are also included http://www.nafsa.org/resourcelibrary/default.aspx?id=27056 35706EC3-22DE-47Z6-88EE-F732BB5A0CB6 Tue, 28 Jun 2011 08:50:41 -0400 Special student relief notices for both F-1 and J-1 students from Libya were published in the Friday, June 10, 2011 Federal Register. The notices are effective on the day of publication, through December 31, 2011. Read the notices for details on eligibility, limitations, and procedures. http://www.nafsa.org/regulatoryinformation/default.aspx?id=25872 35707EC3-23DE-47B6-88EE-F732BB5A0CB3 Tue, 14 Jun 2011 15:00:41 -0400 The Department of State has published a new, user-friendly Web site for the J-1 Exchange Visitor Program. Visit http://j1visa.state.gov. Includes information for current and prospective exchange visitors, sponsors, host families, and employers. http://j1visa.state.gov/ 2C18A873-0588-4156-A954-B2E39E5F4A8D Tue, 7 Jun 2011 11:00:02 -0400 NAFSA provided comments to U.S. Citizenship and Immigration Services (USCIS) on USCIS's plan to make Form I-539 an entirely online application as part of USCIS's Transformation initiative. NAFSA recommended that USCIS: Ensure Integration of USCIS and Partner Agency Information Systems; Limit the Initial Implementation of I-539 E-Filing to B-1/B-2 Extension Applications; Allow DSOs, ROs, and Employers’ Representatives Read Access. http://www.nafsa.org/resourcelibrary/default.aspx?id=27084 7F72ED1C-74A9-4210-8D7D-0201C41B59ED Tue, 7 Jun 2011 10:19:29 -0400 A SEVIS Release 6.8 Anticipated System Changes notice describes the changes to SEVIS batch and RTI that are expected with SEVIS Release 6.8, scheduled for implementation on June 17, 2011. Important changes include requiring SEVP adjudication for I-17 updates like adding a new PDSO or DSO and modifications to the course of study field. http://www.nafsa.org/resourcelibrary/default.aspx?id=27056 751E6A9A-5006-445B-A821-17787A7BC581 Tue, 24 May 2011 13:38:46 -0400 In two separate notices issued May 19, 2011, DHS extended and redesignated Haiti for TPS (Temporary Protected Status) until January 22, 2013, and extended special student relief to F-1 Haitian students until January 22, 2013. http://www.nafsa.org/regulatoryinformation/default.aspx?id=17893 9EC6BD91-65C3-43B6-9834-DD90DF134326 Fri, 20 May 2011 17:06:23 -0400 The Student and Exchange Visitor Program (SEVP) has posted a document to address "SEVIS II Anxieties, Concerns, and Misconceptions" SEVP instructs that "To comment on this SEVIS II information document or suggest a change, please e-mail sevp@dhs.gov with “SEVIS II Information 1011-06 Comment” in the subject line." http://www.nafsa.org/resourcelibrary/default.aspx?id=26823 AD1EFD97-FD9D-4729-B25D-F6887691E1BD Tue, 17 May 2011 10:47:02 -0400 A table developed by the Student and Exchange Visitor Information System (SEVP) lists Form I-17 data fields that schools will have to complete and maintain in SEVIS II. Schools will be required to provide this information once SEVIS II enters its Initial Operating Capability (IOC) phase, a date which has not yet been set. SEVIS II's Form I-17 will include much more detailed information regarding programs of study and academic calendars than the SEVIS I Form I-17. During SEVIS II's IOC, school officials will review school data migrated from SEVIS I and update this information with the additional data elements for SEVIS II. Refer to Item 8, The Updated I-17, in SEVP's May 9, 2011 SEVIS II information document for a brief introduction on how you might use this table to prepare for SEVIS II on your campus. http://www.nafsa.org/resourcelibrary/default.aspx?id=26826 0E9F836A-9FFD-4207-AD83-8DF5F85E08DE Tue, 17 May 2011 10:46:45 -0400 On May 12, 2011, the Student and Exchange Visitor Program  posted a long-anticipated update to the STEM-Designated Degree Program List. http://www.nafsa.org/resourcelibrary/default.aspx?id=26682 4134E9F8-4D6D-4ED5-9543-841ED7FFEE7B Tue, 17 May 2011 10:45:23 -0400 In a May 6, 2011 letter to Secretary of State Hillary Rodham Clinton, NAFSA Executive Director & CEO Marlene M. Johnson requested that if Libyan frozen assets are made available for humanitarian purposes, provisions be included for Libyan students and exchange visitors currently in the United States. http://www.nafsa.org/resourcelibrary/default.aspx?id=26599 962ACC4F-0EB0-4562-9000-44F4AE4730FD Tue, 10 May 2011 17:08:43 -0400 NAFSA participated in a Department of Labor stakeholder meeting call on April 7, 2011. This is a summary of DOL's responses to questions submitted by NAFSA and other stakeholders. Topics addressed include: FY2010 Performance Report and Integrity Review; iCERT System Access, Maintenance Issues, and Enhancements; Processing Times; Use of ACWIA wage data; "ABD" as a requirement; Labor Certification Withdrawal and Correction after Certification; On-line Advertisement for "Special Handling"; Inconsistent SWA Practices; Quality Control Mechanisms for PERM Audits; Changing the PWD Form. http://www.nafsa.org/resourcelibrary/default.aspx?id=26583 E29567D5-5515-4400-B8B2-6F0FD867A6CA Tue, 10 May 2011 17:06:52 -0400 On May 2, NAFSA sent a letter to Secretary Janet Napolitano at the Department of Homeland Security requesting Temporary Protected Status (TPS) for the country of Libya. With respect to the current extraordinary conditions in Libya at the moment, NAFSA expressed concern in the letter for the approximately 2,000 Libyan exchange visitors and students currently in the United States and recommended that automatic extensions of current immigration status or other deferred action remedies be taken in the interim. http://www.nafsa.org/resourcelibrary/default.aspx?id=26513 1D2151B1-0CFE-4735-81B9-A5C0718A8BAF Fri, 6 May 2011 09:14:15 -0400 On May 2, 2011, USCIS announced that they have fully implemented the Secure Mail Initiative (SMI), which uses the United States Postal Service’s Priority Mail with Delivery Confirmation to ensure that certain immigration documents such as permanent resident cards, travel documents, and employment authorization documents are delivered in a safe, secure, and timely manner. In addition to faster delivery (USCIS says that on average, documents sent through USPS Priority Mail should arrive two to four business days sooner than with first-class mail), one of the key benefits to the SMI is that USCIS customers will be able to track the status of their documents once they receive an approval notice. http://www.nafsa.org/resourcelibrary/default.aspx?id=26519 C2D47164-A14A-4710-BB2D-CA1B4ED51E7A Fri, 6 May 2011 09:14:10 -0400 The Department of State (DOS) issued a final rule effective April 27, 2011, that broadens consular officers’ visa revocation authority. A consular officer is now authorized to revoke a nonimmigrant or immigrant visa "at any time, in his or her discretion." Consular officers can also revoke a visa provisionally while considering a final visa revocation. Previous regulations had limited a consular officer's ability to revoke visas, to several enumerated grounds. http://www.nafsa.org/resourcelibrary/default.aspx?id=26470 2028C3BE-D23C-4C0F-8BBE-07A46C607449 Fri, 29 Apr 2011 17:11:48 -0400 The Department of Homeland Security issued a notice effective April 28, 2011, that it has removed the following countries from designation under the National Security Entry-Exit Registration System (NSEERS): * Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. DHS determined that manually capturing arrival/exit information on non-immigrant travelers through the NSEERS "special registration" program was redundant and did not increase security, so nationals or citizens of these countries will no longer be subject to special registration procedures. http://www.nafsa.org/resourcelibrary/default.aspx?id=26468 5D70594D-154C-4697-B596-6D8380933097 Fri, 29 Apr 2011 17:11:39 -0400 This document highlights NAFSA's engagement with federal agencies during the first quarter of 2011 (January—March) concerning regulatory practice issues and provides links to summaries and information. http://www.nafsa.org/resourcelibrary/default.aspx?id=26443 B7084A29-BB71-4446-AC9B-4D8EB818F6B9 Fri, 29 Apr 2011 17:11:24 -0400 In Matter of East Tennessee State University [BALCA, en banc, 2010-PER-00038 (April 18, 2011)], the Board of Alien Labor Certification Appeals (BALCA) addressed issues involving a college or university teaching position filed under the basic recruitment process at 20 CFR §656.17 rather than the "special handling" process at 20 CFR §656.18. http://www.nafsa.org/resourcelibrary/default.aspx?id=26339 3FA79498-8F09-4B6B-9E35-24E6DF5C422A Tue, 26 Apr 2011 15:05:24 -0400 On April 25, 2011, NAFSA submitted comments concerning a notice published at 76 Fed. Reg. 10421 (Feb. 24, 2011), in which the Department of State proposed a burdensome new information collection instrument, Form DS-5513, Biographical Questionnaire for U.S. Passport. This form would be used by certain passport applicants in addition to the standard passport application Form DS-11. http://www.nafsa.org/resourcelibrary/default.aspx?id=26365 74A3BFAD-370E-4414-B5D7-6BACB69837C4 Tue, 26 Apr 2011 15:05:16 -0400 Topics addressed in the USCIS Nebraska Service Center Teleconference on April 14, 2011, include: * Petition and application processing times; * "Transferring" a pending adjustment of status application (I-485); * New employment authorization document/advance parole travel document; * Filing process for joint employment authorization document/advance parole travel document. http://www.nafsa.org/resourcelibrary/default.aspx?id=26357 3D973284-FB69-4B78-9233-C842BD9E717F Tue, 26 Apr 2011 15:05:07 -0400 According to a Social Security Administration (SSA) transmittal (POMS RM 01105 TN 06), effective April 6, 2011, SSA has resumed sending DECOR (Decentralized Correspondence) notices, commonly known as "no-match" letters. The new DECOR no-match letters have removed language related to the rescinded DHS no-match rule, which would have mandated the employer take certain steps after receiving a DECOR notice. http://www.nafsa.org/resourcelibrary/default.aspx?id=26243 6C71E38D-4386-4F92-8071-995FAB26A0A9 Thu, 21 Apr 2011 10:35:42 -0400 On April 18, 2011, NAFSA sent a letter to the Department of Homeland Security and a letter to the Department of State requesting that those agencies grant "special student relief" benefits to F-1 and J-1 students from Libya. http://www.nafsa.org/regulatoryinformation/default.aspx?id=25872 170F98F5-104D-4D00-8AFA-15E7C7CF3F3D Thu, 21 Apr 2011 10:35:19 -0400 A USCIS final rule, published on April 15, 2011 and effective May 15, 2011, adopts without change an interim I-9 rule that has been in effect since April 3, 2009. Also see a USCIS Q & A that provides clarification on what the final rule accomplishes, how and when it will affect employers and employees, and where to find detailed information on the public comments to the 2009 interim rule. http://www.nafsa.org/resourcelibrary/default.aspx?id=26223 636AD7CA-BDBD-47F9-AE53-6CC014F913D1 Thu, 21 Apr 2011 10:35:01 -0400 New prevailing wage questions and answers were added to the Department of Labor's Office of Foreign Labor Certification (OFLC) FAQ page on March 15, 2011. http://www.nafsa.org/resourcelibrary/Default.aspx?id=26169 2953A14B-75B4-4A72-9769-7F02FD9269C9 Thu, 21 Apr 2011 10:34:49 -0400 On April 13, 2011, NAFSA submitted comments to the Department of Homeland Security (DHS) regarding DHS' review of its existing regulations. DHS had given the public 30 days to submit comments, as part of its implementation of Executive Order 13563, "Improving Regulation and Regulatory Review,' issued by the President on January 18, 2011. The purpose of the review "is to make DHS' regulatory program more effective and less burdensome in achieving its regulatory objectives." http://www.nafsa.org/resourcelibrary/default.aspx?id=26144 B44FB746-EA0B-45A9-BDB3-D7DF5CB8E314 Thu, 21 Apr 2011 10:34:33 -0400 On April 12, 2011, NAFSA commented on a proposed rule [76 Fed. Reg. 7767 (Feb. 11, 2011)], in which the Department of Health and Human Services (HHS) proposed a definition of “student health insurance coverage” as that term applies to the Patient Protection and Affordable Care Act of 2010 (Pub. L. 111-148) (the Act). NAFSA suggested to HHS that it define “student health insurance coverage” in a manner that will require more reasonable and standard coverage levels and not make student health insurance plans prohibitively expensive for international students. http://www.nafsa.org/resourcelibrary/default.aspx?id=26148 836DB10C-AEB0-4D09-AE6E-EA98C2A7DFAA Thu, 21 Apr 2011 10:34:06 -0400 On April 8, 2011, NAFSA submitted comments to the Department of Labor (DOL) regarding DOL's review of its existing regulations. DOL had given the public two weeks to submit comments, as part of its implementation of Executive Order 13563, "Improving Regulation and Regulatory Review,' issued by the President on January 18, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=26017 6FADC9AB-B4F8-42DF-9232-8DCCFEC0E8A6 Fri, 8 Apr 2011 10:36:18 -0400 Notes from the March 29, 2011 USCIS Service Center Operations Directorate stakeholder engagement regarding Form I-129. Topics discussed include updates from the Service Centers, when it is appropriate to contact SCOPS, and how best to complete several problematic questions on Form I-129. http://www.nafsa.org/resourcelibrary/default.aspx?id=26037 62FF6957-71E2-4F87-82E3-AFFB5B0CE5EE Fri, 8 Apr 2011 10:35:13 -0400 Notes from the March 24, 2011 USCIS stakeholder engagement regarding O visas and agents. The engagement focused on the role of agents as employers of O nonimmigrants, so the information provided will not apply to Os employed by higher education institutions; however, since advisors often encounter Os employed by agents, the information may be of interest. http://www.nafsa.org/resourcelibrary/default.aspx?id=26039 26F4714E-B5C7-48DE-9BAD-5AFC7FEE6D0A Fri, 8 Apr 2011 10:34:26 -0400 USCIS published a set of Questions and Answers on its Web site on April 1, 2011: "Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations." http://www.nafsa.org/resourcelibrary/default.aspx?id=25981 F14407E1-BCC8-475E-8382-4ADF973DF900 Tue, 5 Apr 2011 09:41:17 -0400 A March 28, 2011, U.S. Citizenship and Immigration Services (USCIS) notice sets out a USCIS plan to implement the first phase of its electronic "Transformation" project with Form I-539, which is used by nonimmigrants to apply for extension of stay, change of status, and student reinstatement. Public comments are due on or before May 27, 2011. NAFSA has compiled into a single bookmarked PDF file a set of 5 Government documents associated with this information collection, which can assist in formulating a comment. http://www.nafsa.org/resourcelibrary/Default.aspx?id=25962 0EC6FB33-BF72-44F7-8653-B5D04C00663B Fri, 1 Apr 2011 16:49:29 -0400 The fiscal year (FY) 2012 "H-1B Filing Season" began on April 1, 2011. http://www.nafsa.org/regulatoryinformation/default.aspx?id=25692 8FBA3EBC-D635-4C79-AFB4-D947031387EE Fri, 1 Apr 2011 16:41:46 -0400 Topics addressed in NAFSA's March 22, 2011 liaison call with Customs and Border Protection (CBP) include: Possible variance in CBP and DOS records concerning applicant; NSEERS Updates; Correction of SEVP Address on Form I-515A; Interagency Consistency Regarding Names. http://www.nafsa.org/resourcelibrary/default.aspx?id=25935 6AFCB9BA-1447-4A9F-AA87-35F754BCB220 Fri, 1 Apr 2011 16:39:54 -0400 On March 31, 2011, NAFSA submitted comments to the Department of State (DOS) regarding DOS's review of its existing regulations. DOS had given the public 11 days to submit comments, as part of its implementation of Executive Order 13563, "Improving Regulation and Regulatory Review,' issued by the President on January 18, 2011. The purpose of the review "is to make DOS's regulatory program more effective and less burdensome in achieving its regulatory objectives." http://www.nafsa.org/resourcelibrary/default.aspx?id=25930 6EC4BBF1-4E93-481A-A7DC-BA75D83AE7F2 Fri, 1 Apr 2011 16:39:02 -0400 This page lists information and resources that can assist international student and scholar advisers in their work with Libyan students, scholars, and their families who are currently in the United States, during the unrest in that country. http://www.nafsa.org/regulatoryinformation/default.aspx?id=25872 632BA9CF-E6CA-4CC6-912B-877D0979ED59 Fri, 1 Apr 2011 16:38:33 -0400 SUMMARY: In response to the President's Executive Order 13563 on improving regulation and regulatory review, the Department of Labor (DOL or the Department) is preparing a preliminary plan to review its existing significant regulations. The purpose of this notice is to invite public comment on how the Department can improve any of its significant regulations by modifying, streamlining, expanding, or repealing them. Comments are due by April 8, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=25686 6A0ADD6B-E060-4D06-A0CA-989635A756E7 Fri, 1 Apr 2011 16:37:28 -0400 On March 16, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that, "in response to recent stakeholder feedback, it is reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education." USCIS had been challenging the nature of such affiliations, especially in the context of hospitals and medical centers that are affiliated with institutions of higher education. http://www.nafsa.org/resourcelibrary/default.aspx?id=25634 72F61E99-452C-4457-B498-268CA8974033 Thu, 17 Mar 2011 10:23:29 -0400 SUMMARY: As part of its implementation of Executive Order 13563, "Improving Regulation and Regulatory Review,' issued by the President on January 18, 2011, the Department of State (DOS) is seeking comments and information from interested parties to assist DOS in reviewing its existing regulations to determine if any of them should be modified or repealed. The purpose of this review is to make DOS's regulatory program more effective and less burdensome in achieving its regulatory objectives. Comments requested by March 31, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=25594 93E32ED3-A557-4C1C-B42D-53504BBB5A03 Wed, 16 Mar 2011 11:01:54 -0400 SUMMARY: Pursuant to Executive Order 13563, "Improving Regulation and Regulatory Review,' issued by the President on January 18, 2011, the Department of Homeland Security (Department or DHS) must develop a preliminary plan to facilitate the review of existing DHS significant regulations through the use of retrospective analyses. The preliminary plan will include criteria for identifying existing DHS significant rules that might be modified, streamlined, expanded, or repealed, so as to make DHS's regulatory program more effective or less burdensome in achieving its regulatory objectives. The Department is soliciting views from the public on how best to develop its preliminary plan. The Department is also seeking views from the public on specific existing significant DHS rules that the Department should consider as candidates for modification, streamlining, expansion, or repeal. Comments requested by April 13, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=25597 2D415E7F-8F09-45F0-B764-7B79EBBC1871 Wed, 16 Mar 2011 11:01:05 -0400 This page lists information and resources that can assist international student and scholar advisers in their work with Japanese students, scholars, and their families who are currently in the United States, in the aftermath of the tragic March, 2011, earthquake and tsunami in Japan. http://www.nafsa.org/regulatoryinformation/default.aspx?id=25570 1CEDED03-7222-472C-8129-F9DA56B3992A Wed, 16 Mar 2011 11:00:39 -0400 Topics Addressed include: Increase for J visa applicants in questions related to export control issues; Additional documentary requirements for H and L visa applicants at Hyderabad; Naming conventions - agreement among agencies; PIMS Delays; Visa applicants told to apply to another school; Expedited interviews in Nigeria. http://www.nafsa.org/resourcelibrary/Default.aspx?id=25547 A9DA0C3E-75DD-474F-81A4-F28FD8066225 Tue, 15 Mar 2011 13:16:04 -0400 A SEVIS Release 6.7 Anticipated System Changes Notice dated March 11, 2011 explains the changes to be implemented with SEVIS 6.7 on the estimated production release date of April 8, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=25534 FB6E33C2-25D3-40E5-80E4-5E0D23105E60 Tue, 15 Mar 2011 13:15:21 -0400 In a final rule published March 7, 2011, the Department of Homeland Security (DHS) extended until January 15, 2013 the date by which States must be in full compliance with the REAL ID Act of 2005. The prior full compliance date had been May 11, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=25418 9DCE40DE-5E33-4C3F-8334-01E8B971F957 Mon, 7 Mar 2011 18:57:35 +0000 The Department of State has begun a series of "on-site reviews" of the largest academic and private sector exchange visitor programs. The visits are expected to occur between February 28-March 10, 2011, and will take place at the 21 largest academic and government program sponsors, which account for approximately 25% of total participants in the research scholar, professor, short-term scholar, specialist, and college/university student exchange visitor categories. NAFSA has posted a copy of the notice and checklist sent to selected schools. http://www.nafsa.org/resourcelibrary/default.aspx?id=25275 7A11AD35-92A8-4808-809F-655BC580278C Tue, 1 Mar 2011 18:54:35 +0000 The final fee rule for J Exchange Visitor Program services was published in the Federal Reister on February 25, 2011, and becomes effective March 27, 2011 (i.e., 30 days after the rule was published in the Federal Register). The fee for program designation and redesignation will be raised by $952, to $2,700, and the fee for other program services, such as change of category and reinstatement, will be lowered by $13, to $233. http://www.nafsa.org/resourcelibrary/default.aspx?id=25215 9BA54EF9-F1C5-41BF-9ED5-F162DC47E686 Fri, 25 Feb 2011 20:59:42 +0000 U.S. Citizenship and Immigration Services (USCIS) has begun issuing to certain adjustment of status applicants a single card evidencing work authorization and travel authorization. Adjustment of status applicants will continue to file, in addition to Form I-486 Application to Register Permanent Residence or Adjust Status, Form I-131 Application for a Travel Document and Form I-765 Application for Employment Authorization, but rather than issue a separate employment authorization document and an advance parole travel document, USCIS will issue one card to serve as both work and travel authorization. The card looks similar to the employment authorization document USCIS has been issuing, but it now includes the text "Serves as Advance Parole." http://www.nafsa.org/resourcelibrary/default.aspx?id=25174 656C50EE-2B2B-43FD-8451-DF72DDC088A1 Thu, 24 Feb 2011 14:56:19 +0000 USCIS recently published Straight from the Source: Immigration News from USCIS for February 2011. The newsletter "is produced monthly by the USCIS Western Region Community Relations Program to provide a helpful ‘wrap-up’ of key developments for USCIS stakeholders and customers." Topics addressed include: * USCIS Announces Grant Opportunities * USCIS Issues Single Card for Employment Authorization and Advance Parole * Service Center Operations Engages with Stakeholders * Delayed Immediate Relative I-130 Petitions * New Countries May Participate in H-2A and H-2B Programs * Vermont Service Center (VSC) Victims Unit * USCIS Issues New Handbook for Employers * Several New Policy Memos Issued * Overview of the National Benefits Center * How to Request Expedited Processing * Upcoming National Engagements http://www.nafsa.org/resourcelibrary/default.aspx?id=25125 ED67CC7D-2023-4230-BD55-A2DB49DAA5AC Fri, 18 Feb 2011 14:55:37 -0500 In the teleconference DOL discussed, among other topics, new prevailing wage survey FAQs, use of ACWIA wage data in prevailing wage determinations, iCERT enhancements, improvements in processing times, integration with USCIS transformation, and the possibility of a case inquiry system. http://www.nafsa.org/resourcelibrary/default.aspx?id=25127 EB87CC2D-FEEF-4B02-9192-0E98EA51C866 Fri, 18 Feb 2011 14:54:57 -0500 U. S. Department of State (DOS) has submitted to the Office of Management and Budget (OMB) a “proposed collection of information” concerning Form DS-3097 Exchange Visitor Program Annual Report. The public is invited to submit comments to permit DOS to evaluate the form, enhance it, and minimize the reporting burden imposed by it. Comments are due to OMB by March 17, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=25128 E24D3DB4-DF34-4AAF-9A19-9E84D9EA7E6E Fri, 18 Feb 2011 14:54:20 -0500 Slideshow that the Student and Exchange Visitor Program (SEVP) has presented at its Spring 2011 presentations. It consists of a basic overview of the visa, inspection, and admission process, and reviews basic school and student responsibilities. http://www.nafsa.org/resourcelibrary/default.aspx?id=24868 0B1F3282-AAB7-4E23-B0AF-8B9B04BEC657 Thu, 10 Feb 2011 14:53:28 -0500 Summary of Student and Exchange Visitor Program (SEVP) guidance regarding transfer of students who had attended Tri-Valley University (TVU). http://www.nafsa.org/resourcelibrary/default.aspx?id=24805 DA536208-7EC0-46C5-8C83-241687E8CF0B Tue, 8 Feb 2011 10:31:17 -0500 This USCIS Policy Memorandum updates the USCIS Adjudicator's Field Manual, and provides USCIS adjudicators with guidance on adjudicating Form I-140, Immigrant Petition for Alien Worker, for employment-based first preference petitions (EB-1) filed for Aliens of Extraordinary Ability under INA section 203(b)(1)(A), Outstanding Professors or Researchers under INA section 203(b)(1)(B), and employment-based second preference petitions (EB-2) filed for Aliens of Exceptional Ability under INA section 203(b)(2). The guidance incorporates standards identified in the 9th Circuit Kazarian decision, and finalizes and supersedes an interim Policy Memorandum that USCIS had issued on August 18, 2010. NAFSA had commented on the interim guidance, focusing its remarks on the E12 outstanding professor and researcher category. The final memo incorporates several of NAFSA's comments, and provides greater detail on standards for evaluating evidence submitted in support of I-140 petitions filed under the Outstanding Professors or Researchers category. http://www.nafsa.org/resourcelibrary/default.aspx?id=24718 58B21255-49E4-4805-9060-71BFBD8929EB Thu, 3 Feb 2011 16:40:55 -0500 According to USCIS, the FY2011 H-1B cap was reached on January 26, 2011, which "is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011. The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011. USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee." http://www.nafsa.org/regulatoryinformation/default.aspx?id=19076 87D2FC9A-F793-4758-B952-7D52ADA4611E Wed, 2 Feb 2011 09:38:20 -0500 On January 24, 2011, SEVP notified batch users that the SEVIS batch Beta testing environment will be upgraded to Release 6.7 on Wednesday, February 23rd and Batch schools will be given 30 days to complete testing (end date will be Wednesday, March 23rd). There are no changes that impact J Batch Programs. The SEVIS Release 6.7 Batch System Changes document, Create-UpdateStudent.xsd, SEVISTable.xsd, and Batch API (including the lookup tables) have been updated and posted to http://www.ice.gov/sevis/schools/batch.htm. SEVP stated that "over the next few weeks, additional communications will be sent regarding the outage schedule for the Beta environment upgrade to Release 6.7. In the meantime, please direct any questions to the Batch support team of the SEVIS Help Desk either via phone at (800)892-4829, Option 2 or via email at sevisbatch@hp.com." http://www.nafsa.org/regulatoryinformation/default.aspx?id=6792 AA41B50B-36D7-4338-9EF7-EE6D6C000AC6 Wed, 2 Feb 2011 09:37:47 -0500 The Texas Service Center (TSC), one of four US Citizenship & Immigration Services (USCIS) Service Centers, is hosting an Open House for the general public on February 9, 2011, from 3:00 pm to 5:30 pm. According to the TSC, "This is an opportunity for the general public to visit the TSC, meet the staff, take a tour, and sit in on informative sessions on immigration related topics." View details in the TSC invitation. This meeting had originally been scheduled for February 2, but was rescheduled to February 9 due to weather. http://www.nafsa.org/resourcelibrary/default.aspx?id=24467 C6475390-4886-4033-B132-20CB6545B8ED Wed, 2 Feb 2011 09:36:30 -0500 On Friday, January 21, 2011, NAFSA requested guidance from the Student and Exchange Visitor Program (SEVP) to assist advisers in responding to F-1 students seeking assistance in transferring to a new school after their prior school has closed or otherwise lost its SEVIS certification. NAFSA also asked SEVP to confirm whether a 2007 SEVP Fact Sheet posted on the SEVP Web site entitled “Maintaining student status when an SEVP certified school closes or loses its certification to enroll F-1 nonimmigrant students” is still valid and applicable. SEVP has responded that they anticipate providing more information on their Web site soon, and that they also plan to send a broadcast message to all SEVIS Users. NAFSA will update this page with links to any guidance that SEVP provides. http://www.nafsa.org/resourcelibrary/default.aspx?id=24447 5445A043-D59E-404C-915B-A11F6DB9B68B Wed, 2 Feb 2011 09:35:32 -0500 This NAFSA-member-only document highlights NAFSA’s engagement with federal agencies during the fourth quarter of 2010 (September-December) concerning regulatory practice issues and provides links to useful summaries and information. http://www.nafsa.org/resourcelibrary/default.aspx?id=24249 737EAF50-7FA9-4D20-BED7-E2119B1C579A Wed, 19 Jan 2011 16:59:06 -0500 SEVP provided NAFSA with a copy of the Recertification Checklist that it sends to schools undergoing the recertification process. http://www.nafsa.org/resourcelibrary/default.aspx?id=24365 2DA3031C-10FC-4364-8933-8EA890DA1F37 Wed, 19 Jan 2011 16:58:12 -0500 USCIS has released a new version of its Form M-274, Handbook for Employers: Instructions for Completing Form I-9. The new version contains expanded discussion on completing Form I-9 for F-1 and J-1 employees, as well as more detailed explanations on completing Form I-9 for temporary work authorizations such as H-1B portability and the 240-day rule. http://www.nafsa.org/resourcelibrary/default.aspx?id=9281 8CED85F7-D5B1-4002-B171-609C451819D7 Thu, 13 Jan 2011 09:59:27 -0500 This is the presentation the ICE CTCEU offered at several regional NAFSA conferences and at a recent meeting with NAFSA staff. (CTCEU=Counterterrorism and Criminal Exploitation Unit, which was formerly called the CEU, Compliance Enforcement Unit). http://www.nafsa.org/resourcelibrary/default.aspx?id=24115 A7DF188A-E319-4DA3-9780-AAF78E64A71D Thu, 13 Jan 2011 09:56:55 -0500 On December 21, 2010 NAFSA submitted to SEVP these comments about SEVP's October 27, 2010 Policy Guidance 1004-10 - Establishing and Maintaining Data Integrity in F and M Nonimmigrant Information. http://www.nafsa.org/resourcelibrary/Default.aspx?id=23963 6E52B105-BBDF-494C-AADD-3E779493900E Thu, 6 Jan 2011 15:07:36 -0500 This NAFSA collegial conversation asks representatives from five diverse institution types, all of which have successfully gone through the F-1 school recertification process. The representatives discuss how the process went and how they prepared for it. http://www.nafsa.org/resourcelibrary/default.aspx?id=23878 B34692A5-9FFC-4773-BE13-537789FBB5CD Thu, 6 Jan 2011 15:06:11 -0500 Effective December 23, 2010, the latest revision of Form I-129 (rev. 11/23/2010) must be used by petitioners filing that form. Petitions postmarked on or after December 23, 2010, must include the 11/23/2010 version of Form I-129 or they will be rejected. However, late in the day on December 22, 2010, USCIS announced that H-1B, H-1B1, L-1, and O-1 petitioners who file the new form will not have to complete the new deemed export compliance attestation in Part 6 of the new form, until February 20, 2011. And so, although the new version of the form (rev. 11/23/2010) must still be used as of December 23, 2010, the deemed export compliance attestation on that form does not have to be completed on petitions filed before February 20, 2011. http://www.nafsa.org/resourcelibrary/default.aspx?id=23261 B42628B7-6551-4A4D-96B2-E9DEB56E0D23 Wed, 22 Dec 2010 15:08:18 -0500