Regulatory Information
IssueNet Archive - December 2007
IssueNet submissions fall into two categories - Report an Issue and Get Liaison Help.Report an Issue submissions are forwarded to Policy and Practice Committee point people, who send monthly reports with their analyses and recommendations to the Policy and Practice Committee for prioritization and follow up. Submissions to Get Liaison Help go directly to Regulatory Ombuds who follow up with USCIS liaisons at the Service Centers to assist you. To read case submissions from the past month, click on the type of case below.
Your IssueNet submissions are used for:
- Agendas for liaison calls and meetings with agency personnel
- Prioritizing NAFSA's practice advocacy agenda
- Anecdotal support for policy advocacy
- Identifying areas for development of training and resources
Visit the Policy & Practice Committee Monthly Update and the SEVIS Liaison Call Summaries.
Total Issues Submitted This Month: 105
Get Liaison Help
| Type of Case | Submissions |
| I-765 | 21 |
| I-539 | 17 |
| I-129 | 6 |
| DOS Waiver (212e) |
2 |
| I-140 | 2 |
| I-612 | 1 |
| SEVIS | 1 |
| Total this Month | 51 |
Report an Issue
| Type of Case | Submissions |
| Education Abroad Issues | 19 |
| Entry and Travel |
3 |
| J Exchange Visitor |
1 |
| SEVIS Issues | 1 |
| F Student Issues |
1 |
| US Visas | 8 |
| DHS Adjudicated Benefits and Service Center Issues |
17 |
| SSA | 1 |
| H-1B Letters | 1 |
| Department of Labor | 2 |
| Total this Month | 5 |
Types of Submissions
- Education Abroad Issues (19)
- US Visas (9)
- Entry and Travel ()
- H-1B Waiver in Lieu of Diploma (1)
- SSA (1)
- SEVIS Issues (2)
- J Exchange Visitor (1)
- Department of Labor (1)
- F Student Issues (1)
- Service Center Issues (Broken down by Region) (17)
| Education Abroad |
Submissions |
| Adviser reports difficulties with the Spanish Consulate for students going to Spain for the Spring 2008 semester. All 60 students initially applied at least 7 weeks in advance of their departure date, but 14 of them were told that they should not expect their visas in time for their January 10th group flight departure. Adviser is being told by partner institutions in Spain who have been in contact with the Consulate to have the students go back to the Consulate before their January 10th departure to get their passports. With or without a visa, they are recommending that the students travel to Spain as scheduled. Then, they advised the students to mail their passports back to the adviser along with an authorization that the adviser may appear at the Consulate in their stead to pick up their visas and then mail the passports (with visas this time) back to Spain. Adviser is wary of this idea, and wonders what to do in this instance. | |
| Adviser reports difficulties with Consulate of Spain. Because of the time constraints (within 90 days of departure, and then it takes 6-8 weeks to process applications) it is very difficult to obtain a visa prior to January departure for the program. | 1 |
| Adviser reports that half of the adviser’s 75 students going to Spain next semester will not receive their visas in time for their program start dates. Only about 10 students have received visas thus far. | 1 |
| Adviser reports that Spanish visas for students are taking a long time to process, thus affecting whether or not students can go on these programs. | 1 |
| Adviser reports that student has not yet received visa from Spanish consulate. Student planned on leaving the U.S. on Dec. 27, flying to London, and on Jan. 8 continuing to Spain. This information was relayed to the consulate at the time of application and they indicated that she should have her visa in time. The consulate has offered to return the passport to the student so she can travel to London but says that she must fly back to Houston to pick up her visa when it is ready. The other alternative is to delay her flight to London until the visa is available. Neither option is a good one. | 1 |
| Adviser reports that students were turned away from the Spanish Consulate, even though they had brought all required items listed on the Consulate web site and an additional letter from the study abroad office indicating that tuition, fees and accommodation is paid through the university. Students appeared in person as requested and were told that the amount listed on the bank statement was not sufficient (although there was no amount listed), and that insurance was insufficient, although they brought what was requested. Students have to drive back to (a 4+ hour drive). | 1 |
| Advisers report that students are receiving no reply from CampusFrance. The application fee checks have not been cashed, and students have not received the PIN number required to apply for a French visa. Students have called and sent email, but have heard nothing back. This will cause problems for students whose programs begin in January. | 5 |
| Adviser reports that student had not yet received CampusFrance approval, but was allowed to appear at the Consulate General of France without an appointment to apply for the visa. The Consulate General of France is holding the student’s US passport until she receives CampusFrance approval. Student had not yet received CampusFrance approval as of 12/24/07. Student has contacted CampusFrance through their website and so has the adviser, with no response. | 1 |
| Adviser inquires as to whether student can make an appointment with the consulate before they have had clearance from Campus France. | 1 |
| Adviser reports that the French Consulate in Chicago’s web site says there are no appointments available. Student was scheduled to go to the Consulate Wednesday, December 19 for an appointment she had set up back in November. However, the student realized she did not have Campus France approval yet due to a miscommunication over payment. The student over-nighted the payment to Campus France on the 17th, and then tried to reschedule an appointment for sometime in January when she would hopefully get her Campus France approval. Student has not been able to get an appointment despite logging on to the web site various times over the last two days. | 1 |
| Adviser reports that students who are under the jurisdiction of the Italian Consulate are now being told that their student visa application cannot be accepted if they are leaving before January 15. Tomorrow they will be told that they cannot leave before January 16 (and so on.) The Consulate is understaffed with only one trained person who can process student visas. They have lost the other trained staff and have a new person who is not trained. Their website also states that only 15 applications per day will be accepted. | 2 |
| Adviser reports that the Finnish Consulate contacted student to request a new visa application and photo. Student is to leave for Finland on January 2. The student submitted his visa application the first week in November. Student resubmitted a new photo, and Consulate told him that everything is fine and his materials have been sent on to Finland. Student is concerned because his visa is not yet issued, and his passport is possibly now in Finland (or maybe it is with the Consulate). Adviser called the Consulate in Finland to find out if his passport is actually physically being sent to Finland and to see if there is anything we can do to expedite the application, but Consulate was closed. | 1 |
| Adviser reports that student was instructed to go for fingerprinting on December 13, though student applied for UK visa on November 30, presumably beating the implementation of the new biometric requirement. Instructions online said that student should send visa application to Syracuse, which she did. Office doing the biometrics held it for her. Since the procedure was new, that office agreed to send her application with the biometrics to the Consulate via UPS. December 24 the student received letter saying that her visa was denied because biometrics were not included and that she must start the process all over. Student has copy of the biometrics that the Syracuse office told her to carry with her. Due to the holidays, the Syracuse office and the Consulate are closed. Adviser will try calling December 26. Student is due in England January 7. | 1 |
| US Visas | Submissions |
| Adviser reports that a Ph.D. student at NYU who is a citizen of China tried to renew his F-1 visa in Canada and was delayed. Student was told that there was a problem and the consulate needed more time to make the decision, they would get back to him at the end of December. Student was also told that part of the problem was that his visa was expired, which shouldn’t be the case since his I-20 is valid. |
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| Adviser reports that a student who has an I-20 for an arrival on January 24, 2007 was offered a visa appointment at the embassy on January 28, 2007. Upon explaining the situation and requesting an expedited or emergency visa interview student was told that emergencies were only for death and serious illness and that the embassy was not expediting visa interviews for students or business visas anymore. | |
| Adviser reports that seven J-1 visa applicants for scholar visas have had excessive delays due to security checks. These delays have been between 3-4 months. The DOS Visa Office attributed it to the security check process in Washington. This affected eight scholars. | |
| Adviser reports that a J-1 scholar from Mexico was asked for a DS-7002 by the consular official before the scholar was allowed a visa interview. | |
| Adviser reports that in the French version of "appointment information" (and apparently not in the English version) the consulate instructs individuals to bring the DS 7002 form (if the DS 2019 form was done after July 19). | 1 |
| Adviser reports that a scholar applying for a J1 under the visiting professor category was incorrectly told she would need a DS-7002 (for intern/trainee programs) at the time of her appointment. She received this information via telephone from the US Embassy. | 1 |
| Adviser reports that a PhD student in the computer science and engineering department had a visa interview in Nov, 2007. The visa officer handed the student a “blue form” with a list of questions regarding his area of research and asked him to email it to mantiscables@state.gov. The student went to the visa interview prepared with letter from his PhD advisor, his transcripts and CV, but the visa officer declined to view any of this documentation. The student had planned for 30 days for the visa renewal and is now within 10 days of his airline ticket deadline. | 1 |
| Adviser reports that a continuing F1 student went to U.S. Embassy to apply for a new F1 visa. The student was denied visa appointment from the screening point because the consular employee demanded his I-20 have a start date in the future. Student is a continuing student, his start date is in the past, and adviser cannot change the start date into the future. | 1 |
| Adviser reports that student has been out of the US for more than 5 months due to an authorized withdrawal. Does the 1/17/06 DOS Cable on validity of student visas apply to cases where a student is authorized for withdrawal or also to medical? Is the test whether they have been continuously enrolled? Or an active SEVIS record? | 1 |
| Entry and Travel | Submissions |
| Adviser reports that a student has been twice delayed due to a problem with her F-1 record. CBP asked the institution to fix the mistake but the adviser believes the SEVIS record to be completely accurate. |
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| Adviser reports that, due to a situation at the university involving fraudulent documents and a faculty member, he had to cancel several I-20s "Offer Withdrawn" with start dates in August 2007. The students were informed of the issue and told that if they wanted to come they needed to contact the university and provide more information. The university then issued new I-20s for the students to return for the Spring 08. Two students arrived early the expired and canceled with Fall 2007 I-20s and POE processed even though their SEVIS records were canceled - Offer Withdrawn. | 1 |
| Adviser reports that termination flags for "benign" terminations continue to be an issue for students and occupy an unreasonable amount of adviser time. This adviser’s office alone has made 94 requests to the SEVIS Help Desk since April 2007 when they were first required to call to request flag removals. | 1 |
| H-1B Waiver in Lieu of Diploma |
Submissions |
| Adviser requests guidance on how schools should handle the letters in lieu of diploma/degree that students would need to be eligible for this year's H1B process. Specifically, may schools write a letter in March stating that all degree requirements have been met and still allow students to remain in the program and continue to take classes above and beyond the minimum requirement? Also, is there a valid distinction between completion of minimum requirements for the degree and completion of the course of study for purposes of applying for OPT? |
| SSA | Submissions |
| SSA has provided the following information about changes with SSN eligibility and OPT. It does not make sense that someone with an EAD would not be eligible to apply for an SSN until the start date on the EAD: Changes That Affect F-1 Foreign Students • SSA is verifying documents from all F-1 students. • F-1 students seeking SSNs for general on-campus work (including teaching assistantships and fellowships) are required to provide documentation that they have (or have been offered) an on-campus job, and to provide verification of that employment. • SSA will not process an SSN application if the employment start date for general on-campus work or curricular practical training (CPT) is more than 30 days in the future. • SSA will not process an SSN application if a DHS-issued Employment Authorization Document (Form I-766 or I-688B) shows a future work authorization date (as shown by the issue or “valid from” date on the employment authorization card). |
| SEVIS issues | Submissions |
| Adviser reports that a transfer-in school requested adviser’s institution to activate an "initial" record, then transfer the "active" record to her school. The program start date is beyond 30 days after the student's initial admission into the U.S. The transfer-in school person was told by a SEVIS HD representative that it was OK to do so even over the 30 day limit. Adviser cannot register the student in SEVIS as was requested since the student is not currently enrolled at the school in the over 30 day limit situation. Adviser would like clarification on the initial transfer procedures published on SEVIS web site. |
| J Exchange Visitor | Submissions |
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A NAFSA global partner reports loopholes in the current insurance regulations, and has submitted a comment to DOS regarding the proposed insurance regulatory changes under 62.14, supported by a group of insurance providers that are NAFSA Global Partners. |
1 |
| Department of Labor | Submissions |
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Boston-area SESA giving Prevailing Wage determinations for most life sciences related entry-level postdoctoral positions at "Biological Scientist, All Other" is $46,675. This is much higher than the NIH wage recommendation provided (~$37,000). The PW for many of these positions given last year were in other categories (Biochemist, Life Scientist, etc.) at reasonable levels ($34-$37,000). The institutional may not be able to apply for or extend current H-1B status for our employees in these positions. |
1 |
| F Student Issues | Submissions |
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A NAFSA global partner reports loopholes in the current insurance regulations, and has submitted a comment to DOS regarding the proposed insurance regulatory changes under 62.14, supported by a group of insurance providers that are NAFSA Global Partners. |
Service Center Issues
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| Region I | Submissions |
| Adviser reports ongoing problems with date errors on I-797 Approval Notices for H-1Bs from the service center. University has had over ten date errors that needed correcting in the last six months. Some of which were premium processed. Paying the $1,000 provided no benefit to the university, as the valid dates were wrong, and getting the correction took additional weeks. Adviser also had an H-1B erroneously denied (on the basis that the cap had been reached, though the university is cap-exempt). |
| Region III | Submissions |
| Adviser reports that notices of Receipts have not been received after more than 30 days. Service Center told one student that it may take up to 90 days to start processing. Several students are reporting that they are not receiving USPS registered mail receipts indicating Service Center has picked up their applications from P.O. Box. USPS confirms delivery to P.O. Box, but no return receipt from Service Center. It has been over a week for the students. | |
| Adviser reports high frequency of errors in EAD cards from SC, in particular gender errors and name misspelling. Most recent, student applied for OPT from 1/01/2008 to 1/01/2009 and received EAD approved for 1/01/2008 to 1/31/2008. | 1 |
| Region IV | Submissions |
| Adviser reports that Student completed a PHD degree program in Music; deferred OPT, enrolled in Master of Sacred Music (Church music) program. Student will graduate this spring and wants to participate in OPT. Getting conflicting information as to the eligibility for OPT, please advise. | |
| Adviser reports that at an SC meeting in June SC officials stated that evidence of CPT was needed to be provided with I-765 (OPT) applications. The officials said, "if the applicant has received CPT, they either need to submit photocopies of the previously issued I-20s showing all dates issued and if it was full-time or part-time or a list of dates (part-time or full-time)." A similar question was asked at the NAFSA Region IV conference and SC officials stated that we only needed to print out screen shots of the CPT authorization page in SEVIS. The institution has since received two RFEs requesting “evidence of CPT employment granted." | 2 |
| Region VIII | Submissions |
| Adviser reports a student was denied OPT due to "habitual" use of RCL. Student had completed prerequisites for an allied health program, so once in the program, could only take required courses. Student was granted RCL each semester of program. Many similar students received OPT in past, has the policy changed? | |
| Adviser reports receiving an RFE that appears to be for an extension of H-1B, while adviser had filed for a COS to H-1B. |
| Region X |
Submissions |
| Adviser reports three students have experienced delays in receiving their EAD cards/having their OPT approved. All three are close to the 90 day limit, and all have had friends or roommates apply for OPT approx. one month after them and receive EAD cards before them. | |
| Adviser reports that SC has taken more than 120 days for an OPT application that has to be processed in 90 days. SC is doing a timely background check. | 1 |
| Region XI |
Submissions |
| Adviser reports receipt of (OPT) RFEs from two service centers requesting for a signature on the 3rd page of the I-20s. Since the 3rd page is intended for travel endorsement, adviser doesn't understand why it needs to be signed for OPT applications. | |
| Adviser reports that service center refuses to respond via school email to the non-student questions coming from universities and is referred to the NCSC instead. Adviser contacted the customer service center to inquire about the status of I-797 premium approval notice exactly 30 days after the approval date, as per the online case status information. Adviser was told that the premium fee only applied to processing and did not expedite mailing of the approval notice and that he would have to call on the 31st day to begin an inquiry. Adviser then called the SC premium office and was helped immediately. | 1 |
| Adviser reports that J-2 work permission applications for three J-2 dependents have been pending for more than 90 days. | 1 |
| Adviser reports receiving a notice of approval stating “change of status” instead of “extension of stay.” Adviser emailed the service center for correction and was instructed to call National CS Call Center. Representative on phone said correction was not needed in such a case. Next representative agreed to issue correction. Adviser received a duplicate notice instead of a correction, called back and was told to fax request for correction to USCIS. Adviser called back a third time and a different agent agreed to process request for correction. | 1 |
| Adviser reports that student applied for OPT and received EAD in November with the requested February start date based on an expected Dec 2007 graduation. Student fell ill and will be on a medical leave (approved RCL) for remainder of fall 2007 and spring 2008 semesters. Student will complete her program in fall 2008 and graduate December 2008. Since the student had to apply for her OPT so early, and because this SC has no mechanism to revoke an approved EAD, this student has lost the OPT benefit. Adviser would like USCIS to either allow students to apply for OPT after they graduate; institute a mechanism to permit revocation of an EAD at all SCs; or both. | 1 |
| We are filing 129s with Premium Processing with checks made out properly to DHS. On the second line, the checks list the institution’s name and delivery address so Accounts Payable can get the check to us to use. It has long been done this way with no problem. SC rejected the check and returned it to the institution. | 1 |
| Adviser reports that student applying for OPT was told by the Service Center that OPT EAD applications were taking up to 6 months, and that there could be an 11 week wait for a receipt notice. Adviser wonders how this is possible, as a person pursuing OPT can only apply 100 days ahead of time. A six month wait could make the OPT prohibitive. Should students be advised that they should apply as early as possible, and follow up with SC if they don't hear after 90 days? | 1 |
| DSO reports entering the wrong dates into SEVIS for OPT recommendation (entered one year period instead of 3 months for summer OPT). OPT was granted for the one year and EAD card was issued. When DSO tried to have authorization corrected the request for correction was denied since OPT granted and EAD was issued and it was not a Service Center error. Student will lose benefit when not their fault. SC looking into "Intent to Revoke", but needs SCOPS to determine whether OPT period not used may be "refunded". | 1 |
