IssueNet Archive - February 2008
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
See What Happened to Your Input!
Visit the
Policy & Practice Committee Monthly Update and the
SEVIS Liaison Call Summaries.
Total Issues Submitted This Month: 91
Get Liaison Help
| Type of Case |
Submissions
|
| I-765 |
19 |
| I-539 |
9 |
| I-129 |
7 |
I-485
|
3 |
| SEVIS |
4 |
| DOS Waiver |
1 |
| Total this Month |
43 |
Types of Submissions
Education Abroad
|
Submissions |
| Adviser reports that many students are in the Czech Republic without student visas, and are being told that they are “illegal.” Either the program told them they didn't need a visa, or the student did apply but did not get visa in time and went to Prague without. Czech Republic joined Schengen territory Jan. 1, 2008. Students being told they are "illegal" in Czech Rep. after 90 days and that they may not re-enter Czech Rep. if they leave at any point after 90-day point and try to re-enter. Students scared about being "illegal" after 90 days and think they now have to scrap travel plans that they have already committed money to. |
1 |
| US Visas |
Submissions |
Adviser reports that a Pakistani scholar applied for H-1B visa stamp at U.S. Consulate around 1/15/2008 while visiting home for a holiday and still has not received her visa stamp. Scholar is not certain if the delay is due to some sort of security clearance/name check requirement or if it is related to the new PIMS check now required by consulates. In any event scholar is still in home country and needs to obtain her visa because she is employed at the university as a clinical fellow. Not only does this pose a hardship to the program in terms of clinical coverage during her absence, but it is having a negative impact on her ability to complete this fellowship program in a timely manner due to this prolonged absence.
NAFSA note: Per DOS, PIMS report only takes 1-2 days. Delays beyond 2 days are most likely not due to PIMS.
|
1 |
| Adviser reports delays for medical clinician in H-1B. H1B petition approved 9/18/2007; ported from previous employer. Applied for an H-1B visa renewal (was seen in consulate 2/11/2008). PIMS process was involved in renewal, adviser does not know if security check or PIMS is the cause of this delay, but two weeks out and still no information has been sent to visa applicant. |
1 |
| Adviser reports that short-term scholar was told by the U.S. consulate that every J-1 Visa needs a DS-7002. Adviser has tried writing to consulate and has not gotten any information even though adviser told consulate this was a researcher. |
1 |
| Adviser reports that an incoming Research Scholar requested Form DS-7002 in order to obtain his J-1 visa stamp. It is believed that the scholar obtained this information from the consulate's web site. Scholar’s professor sent adviser an email stating that the scholar found this information on the web site. The version states seemingly unambiguously that anyone applying for a J-1 visa needs the DS-7002 form. Adviser then checked the State Department web site and there too got the strong impression that it is required. Both the State Department and the embassy in have to update their sites. |
1 |
| Adviser reports doctoral student applied for a visa renewal at a Consulate in Japan on December 26, 2007. Student is still awaiting administrative clearances. Student is a citizen of Bangladesh, but his parents live in Japan. |
1 |
| Adviser reports problems with obtaining visa. Ph.D. student has been conducting dissertation research in home country for the last two quarters, but has been enrolled full-time and maintaining immigration status. Student went to the US Embassy to apply for a renewal of her F-1 visa to return and complete her program. The visa officer would not approve student’s application stating that she had an incorrect I-20 since there was no entry stamp on the form. The officer told the student that it must be for a new program and that the start date on I-20 must be into the future. However, the student has an active SEVIS record and the I-20 clearly states that the document is for continued attendance at this school. |
1 |
| Adviser reports J1 exchange visitor who has been in France trying to obtain a visa. Student’s initial appointment was on Jan. 3rd. At that time, student was told her case would undergo administrative processing that would take 7-10 days. After 7-10 days, the student contacted the Dept. of State and was told 6 weeks to 3 months. |
1 |
| Entry and Travel |
Submissions |
Adviser requests guidance regarding occasional border crossing. Institution will begin offering a part-time graduate program at a satellite campus in Ottawa, Canada. These students will attend all classes in Ottawa however, may need to enter the U.S. to visit campus for various reasons (use the library, see an academic advisor, attend graduation, etc.) Will these students need to follow procedures for p/t border commuters? The F-3 regulations are not yet published but are being enforced by local port of entry. Adviser believes they will need a new I-20 for every semester but administration is saying that this is not necessary for this cohort of students.
|
1 |
| Adviser reports that some TSA staff (examining boarding passes and ID at the security check-in at airports) has told international scholars traveling domestically that they are "illegally" in the US because they do not have valid visa stamps. Most recent example is a UK scholar with valid DS-2019, I-94, etc, removed to special inspection area and detained until he could explain US law to the supervisor. Only CBP really understands immigration documents. TSA should NOT be making this call. |
1 |
H-1B Visas
|
Submissions |
Adviser requests assistance from DOS and USCIS regarding the new PIMS rules to avoid delays. Adviser would like USCIS to begin allowing the filing of concurrent I-824s with EOS and COS cases -OR- allow advisers to complete the consular notification section for these cases. If advisers file an EOS/COS for someone and they travel later, advisers must be able to continue their employment in between the start date of the EOS/COS and the date of travel abroad.
|
1 |
| SEVIS issues |
Submissions |
| Advisers submit inquiry regarding NAFSA Practice Resource for SEVIS registration following the 5.7 upgrade. Advisers report that "last session" check box is going to cause problems for advisers. It appears that they will have to keep track of anyone who is marked "last session" as exception items. For extensions, advisers will have to go back in and update these records so that the students show up on the "Active Students Requiring Registration." Otherwise, advisers may have problems with automatic record terminations. There are 2 DSOs at this institution manually handling 1600+ graduate students. Advisers’ question: Has a recommendation been made to SEVP to develop a new list or report that allows schools to identify those students for whom we checked the "last session" box? Without this addition to the lists or reports, schools are going to have to develop new procedures for having to track these students outside of SEVIS, which, again, is a nightmare. There is a report in SEVIS that counts the number of students with extensions, but it does not provide a list of the students. It seems that report could be reworked to actually list the students with extensions, and it would be more useful. |
1 |
| Adviser seeks information from SEVIS about opening a branch campus. Adviser is at an ESL school issuing I-20's to F-1 foreign students. SEVIS is saying the school must be established before a petition for an I-17 may begin. Institution says that students will come from overseas. SEVIS admits this may be a problem but that this is the procedure. Institution has also asked about centralizing issuing I-20's from one location. They admit some schools do this but say that this institution can't. Where can adviser be directed to get clear information on these subjects? |
1 |
| Advisers received notice from SEVP regarding requirement that DSOs will have to require employment name and address while F-1 student is on OPT. Most contend that neither the regulations nor SEVIS require this information. |
10 |
| 08/27/07 Technical and Policy Conference Call topic #4: Procedures for Leave of Absence recommends that students taking an academic leave of absence for less than 5 months be terminated for Authorized Early Withdrawal. Previous Conference Call guidance [4/30/03 and 5/7/03] permitted the use of a SEVIS workaround for Official Leaves of Absence. Does the more recent guidance supersede the old? Meaning is the workaround no longer to be used? |
1 |
| Advisers report that the SEVIS System server was down for several days. SEVIS frequently logged out users. When there is a problem with SEVIS, SEVP does not send out a broadcast message. SEVIS Helpdesk only added advisers to the ticket number calling it a system malfunction. |
4 |
| DHS has said in the past that SEVIS records can be maintained for students out of the U.S. who are on a Study Abroad program or for graduate students who are doing research abroad (Feb 9, 2005) conference call. Can this also be extended to Work Abroad, particularly when students are registered at the U.S. institution? This institution has a very active Work Abroad program, and some Study Abroad programs also involve an internship for several months after the student has studied abroad. |
1 |
| May a student in his/her last semester take only a distance education course? How does the restriction on distance education courses impact a student in the last semester, or does it at all? Does a physical presence requirement trump the reduced course load rule for last semester? It would be good to have a standard national interpretation. |
1 |
| J Exchange Visitor |
Submissions |
|
The Department of State published a final rule with a new fee of $1748 to institutional applicants for redesignation of J-1 status. The new fee represents an aggregate amount of $1,573,200 every two years. In today's competitive higher education market $1.5 million will be diverted from other internationalization line items. It amounts to $8 million or more over ten years. It can also affect the number and diversity of J-1 Institutions. It is another cost to higher education that weakens our competitiveness in attracting international scholars and visitors.
|
1 |
| F Student Issues |
Submissions |
|
ISS advisors need as much updated info and practice tools as you can generate to discern student/scholar impact and how we can assist. 1. Highest priority: How can NAFSAns learn which states have filed for extensions and if extensions have been granted (deferring the effective date)? 2. How can NAFSAns obtain reliable information about how their state driver's license offices are interpreting the rules, requiring new documents or services for our students/scholars?
|
1 |
| Social Security |
Submissions |
|
U.S. source scholarships/grants are taxable in the U.S. We advise our J-1 (U.S. government sponsored) students to apply for Social Security Numbers (SSNs) after arriving in the U.S. (after the required 10 days from SEVIS record validation). While obtaining an ITIN is easier than an SSN, doing so for the sake of ease does not serve students well in long run. Applying for both numbers can result in students confusing the two numbers or using them interchangeably, and may result in missed opportunities for teaching and/or research assistantships. The institution provides letters of support for students to include with their applications for SSNs explaining the students' eligibility to work in the U.S. as outlined in 22CFR62.23 (g). However, J-1 students in many parts of the U.S. are still asked by the Social Security Administration to provide proof that they have a job. A small number of students are reporting that they are now being asked to provide a letter from the Dept. of State (the sponsor). There appears to be confusion around the difference between the sponsor (who in the case of Fulbright is Dept. of State) and the contractual administrative agency, in this case Institute of International Education.
|
1 |
| Adviser reports J-1 student who entered US applied for SS card with letter that the institution has always used and was denied two times because letter did not state the nature of the employment. J-1s were not required to have a job in the past to get SS card. Adviser faxed some information in to SSA and SSA sent a fax to adviser quoting policy POMS - RM 00203.480 - saying letter from sponsor must include the nature of the employment that the student or exchange visitor will engage in. |
1 |
Service Center Issues
| Region III |
Submissions |
| Adviser reports student applied for OPT in late September but no receipt notice was issued and no card has been sent. Student was able to obtain copy of cashed money order from bank showing money order was cashed and the back of money order had a receipt number on it. Adviser called SC and was told that a card had been sent under this number but it didn't match our student's name (in other words, the money was taken in but used for another application). At last contact, SC was trying to locate student's application file and it has not been resolved yet. Student has a job set to begin on 02/24/2008 |
1 |
| Adviser reports H-1B case outside normal processing time. Receipt Date: 10/09/2007. Status today: Pending. Processing time online shows SC working on 12/17/07 case. Adviser followed procedures for calling NCSC (02/11/08); requested referral to SC; has not been contacted. NCSC said adviser would be contacted within 45 days. Letter from the NCSC confirms adviser’s call and only states the petition is pending. Adviser sent premium processing fee 2/22/08. Beneficiary’s J-1 expired on 1/31/08 and is not extendable because he received waiver of 212e. Therefore, scholar has been separated from employment since, while waiting for the H-1B, causing financial, insurance and work disruption. We are hoping his case is processed without the PP fee. The spouse of the beneficiary requested withdrawal of the accompanying I-539 COS to H-4. She sent a letter to SC address listed on receipt. No response. Spouse is now in H-1B status, but concerned COS to H-4 will be approved causing more employment and financial disruption. |
1 |
| Adviser reports no response for 6/6/2007 and 10/04/2007 faxes to Service Center requesting a case status update on I-485 case received June 18, 2003. Applicant responded to RFE 6.27.06 which stated, “You should expect to receive a written decision or written update within 60 days of the date.” Presently, it has been around 14 months since the RFE was received by SC, and still no updates on the I-485 have been received by the beneficiary. |
1 |
| Region VII |
Submissions |
| Institution submitted an H-1B for an employee and later needed to submit the renewals for the beneficiary’s spouse and son. H-1B approval was granted valid from 02/22/2006 to 12/31/2008. Institution requested an end date of 12/31/2008 on the I-539 form for the beneficiary's dependents. The H-4 I-797 approval notices were only granted valid from 08/31/2007 to 09/03/2007. There were no errors made on the I-539 and the dependents' status documents are all current. We contacted the USCIS by phone and fax and they have yet to provide us with amended approvals. |
1 |
| Adviser reports a student who applied for OPT on 12/6/07, left the country for the holidays on 12/20/07 while the application was pending and decided to wait in his home country for the card to be issued and wished for adviser to send it to him when it arrived. Adviser has received an RFE stating that there is record of student leaving the U.S. and if adviser can not get a copy of student’s re-entry I-94 sent to them they will presume his application is abandoned. Adviser was under the impression he would not be allowed to re-enter the US without the card and is not sure how to advise him at this point. Student’s 12 weeks are up on April 17th 2008. |
1 |
Region VIII
|
Submissions |
| Adviser reports that 2 cases sent to CSC were returned for reason of being sent to the wrong service center, even after the change in policy that all "exempt employer" H cases be sent to CSC as of 2/1/08. |
1 |
| Adviser reports that the wife and child of an H-1B received H-1Bs as well, although the applications for H-4s were filled out correctly on the I-539. Adviser called the customer service number and faxed a request to correct the error. Two days ago, adviser received amended approval notices for the wife and child. The child’s is now correct though the wife’s still says H-1B. |
1 |
| Adviser reports that an F-1 student filed for post-completion OPT on 10/25/2007 and noticed name was spelled incorrectly on fee receipt. Adviser called NCSC to request correction of name and received confirmation number for correction request. Adviser received approval notice and EAD card on 12/18/2007 with incorrect name on both. Student called back NCSC to get guidance on how to correct name on EAD and was advised to refile I-765 without fee because of CIS error, along with original EAD card, cover letter explaining the circumstances, and supporting OPT documents, which he did. To date the student has not received a new EAD card, in spite of numerous calls to NCSC to clarify the status of application and to request expedited processing. The student now has a job offer which was supposed to start on 1/21/08. |
1 |
| Adviser reports that J-1 scholar received his "no objection" letter from Dept. of State on May 24th 2007 and he is yet to receive his final notice of waiver from USCIS SC. Scholar is now running out of J time and needs to file an H visa application soon. Adviser needs this final notice from SC to then file the H for student. |
1 |
| Adviser reports that the new VSC protocol requires advisers to use the general USCIS 800 # for scholar requests and if that does not work well, to report the case through Get Liaison Help to the RegBuds. The adviser can understand VSC not using the sc.schools e-mail about H cases, but now advisers should call the 800 # and then go back to the regbuds? It seems like adding layers of interference before advisers can get a question answered. |
1 |
| Adviser reports that I-765 OPT received in SC 10/24/07 with requested start date 1/15/08. Still pending in response to email to SC on 1/25/08. SC stated "case is with an Officer for review." Case is still pending 3 weeks past requested start date. |
1 |
Region X
|
Submissions |
| Adviser reports delay in Premium Processing of H-1B. Case number was received on/around September 7, 2007. According to posted processing times, SC is reviewing H-1B petitions of this type (change of status) that were received on/around 11/16/2007. Adviser called USCIS Customer Service on January 6 to report this delay of more than 30 days beyond normal processing time and was told an officer would get back to adviser by February 6. The scholar was supposed to begin H-1B status by 1/22/07 when his F-1 OPT ended. Scholar has had to stop working and the Dept. has now been forced to go with Premium Processing in late January which is still pending. |
1 |
| Adviser reports delay of 45 days beyond normal processing time.. Case number was received on August 16, 2007. According to posted processing times, SC is reviewing H-1B petitions of this type that were received on/around 10/1/2007. Adviser has not yet called USCIS Customer Service with this case due to adviser’s bad experience with customer service line in January. |
1 |
Region XI
|
Submissions |
| Adviser reports that although USCIS Case Status Online says that two H-1Bs were approved on 1/18/2008, they have not yet received the approval notices. When adviser called the National Customer Service phone number, adviser was only given the option to inquire about the approval notice if it had been mailed more than 30 days prior. Adviser feels this is an excessive amount of time to wait to inquire about a missing approval notice, when approval notices are normally approved in 10 days or less. Both petitions had already been pending for 3 months. Adviser called NCSC again on 2/21/08 and was told that that these two cases should not be referred to the SC and to file Form I-824 with the $340 fee for each case. Processing time for Form I-824 is 2-6 months, although NCSC advised they could call the NCSC after getting receipts for the I-824s and request an expedite. This may be an issue of lost mail, but it’s also possible that the notices were never even issued. Adviser doesn’t think it’s reasonable for USCIS to make scholars and advisers wait 30 days after Case Status Online said the notices were mailed to even make an inquiry with the NCSC, then make them file an I-824, then wait for a receipt notice, then call the NCSC again to request an expedite, then wait up to 5 days after that before being able to talk to someone at the SC about the cases. They don’t think the office or the H-1B employees should have to pay an extra $680 for duplicate copies of approval notices that were never received in the first place. |
1 |
