IssueNet Archive - October 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.
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: 82
Get Liaison Help
| Type of Case |
Submissions
|
| I-765 |
27 |
| I-539 |
8 |
| I-129 |
7 |
| I-485 |
2 |
| I-140 |
3 |
| I-102 |
1 |
| SEVIS |
6 |
| Total this Month |
54 |
Issue Summaries
| US Visas |
Submissions |
| Adviser reports that a J1 had an interview on 10/11/07 in New Delhi to extend her J1 visa, and her security check is still pending, although it has been less than two years since the last security check. . DOS Adviser said consulate told her that 99% of cases are being sent for security checks. |
1 |
| Advisers have reported that consulates in Paris, Amsterdam, and Berlin have improperly asked prospective exchange visitors for Form DS-7002, even though the individuals had Form DS-2019s for categories other than Trainee or Intern (the only categories that require the DS-7002).. One adviser has received two requests in the last week from incoming scholars where the consulate has stated it is mandatory for anyone applying for a J-1 visa. |
3 |
| Adviser reports that a fall incoming student applied for an initial F-1 visa at the U.S. Embassy in Berlin over the summer and was immediately placed in security clearance processing. At the time of reporting it had been more than three months and the student had missed so much of the term that his department has stated he will not be able to begin his program until the start of winter term in January. The only information that the student has received from the Embassy was to ask him to provide information regarding his foreign travels. DSO has made numerous attempts to contact Embassy with little result. After 60 days DSO contacted the State Department and was advised that his application was in administrative processing and that there was no way to expedite the remaining process. The conversation concluded with DSO being told to advise the student to wait. |
1 |
| Adviser reports that student returned home to Bangladesh for visit and visa interview. At interview, he received a paper saying he was conditionally approved for a visa but he had to wait for security clearance, which may take from 2 weeks to 2 years. Student had planned on returning to US on 10/20. |
1 |
| Entry and Travel |
Submissions |
| Adviser reports that student came in at Boston on an I-20. However, a SEVP record was incorrectly created by CBP inspector for another institution. Adviser contacted SEVIS Help Desk, but before they could correct it, they wanted verification through POE stamp on I-20 and I-94 card that student did not use the incorrect I-20. |
1 |
F Student Issues
|
Submissions |
| Adviser reports that OPT was denied based on service center's interpretation of 8 CFR 214.2(f)(10). SC interpreted that paragraph's 12-month limit on OPT per educational level to be a lifetime limit. Adviser would like P&P to discuss this interpretation and decide if it wants to inquire or advocate with SEVP and USCIS HQ. |
1 |
At the North Dakota State NAFSA meeting we addressed the issue of I-20 retention. As the state mini bud, I agreed to address this problem with NAFSA. Many of us are struggling with issues of space and the number of files we are retaining. We are not sure of exactly what should be retained in a former students file for the purpose of recertification. We would like to ask NAFSA to address with DHS the issue of I-20 retention, particularly:
1. How long must we maintain the pre-SEVIS I-20's? Many of us have them back to the 70's or earlier. When was the last date at which we were allowed to destroy I-20's?.
2. Many schools are moving toward being paperless. Imaged documents are almost the norm. DHS needs to address the issue of whether scanned documents of old immigration documents are acceptable.
3. One of the questions on the contractor checklist was regarding admissions documents and whether they could be found in the students file. Many of us are concerned that if we follow the document retention plan of the Registrars office, we may not have supporting documents if and when DHS ever comes back to recertify our schools.
|
1 |
| SSA |
Submissions |
| Adviser reports international students who can not get their Social Security card because they do not have on-campus employment. Adviser’s university does not have a lot of on-campus employment opportunity, and students cannot get apartments, credit etc. because they do not have social security numbers. |
1 |
Employment Based
|
Submissions |
| Adviser reports that no action has been taken on PERM filed 7/31/2007. No audit notice has been received. Many ETA9089s have been approved in the meantime. An email was sent to plc.help@dol.gov for an update but no response has been received. |
1 |
| Adviser reports having received three random audits of labor certification applications within the course of three weeks for cases that were filed between May and July 2007. The system still says that the cases are in process so it is very hard to find online if the school is being audited. Adviser doesn’t believe it is fair to conduct three random audits of one employer in such a short time frame. It would be more appropriate to audit every six months, so that if errors are found, they can be corrected. |
1 |
| Adviser reports second DOL PERM audit in 1 months' time. DOL is clearly increasing audit frequency for PERM cases after finishing the backlog. Being university cases, not known to be fraudulent employers, does not seem to matter affect frequency of audits. Changing PERM to directed recruitment from the start might be a better way for everyone and save a lot of double work. |
1 |
| Adviser reports that New York University has now received three PERM random audits (Special Handling) within 1 month. The first two were cases filed on the same day. Adviser wonders if there is something she is marking on the ETA9089 that triggers an audit or if a particular field or combination of fields turns out to trigger audits. If such triggers exist, adviser believes that universities should not be included as they are not part of a problem industry. |
1 |
| SEVIS issues |
Submissions |
| DSO reports M-1's with an approved EOS by CIS are being Terminated for reason "No Show" due to the registration date in the past. When an M-1 applies for an extension of visa status, the SEVIS record can not be registered with a program end date in the future. Before the 09/28/07 SEVIS upgrade, adviser would get an "alert" that these students needed to be registered. There would be at least a 30 day grace period. Now records are terminated immediately. SEVIS requires that a "correction request" be done for these records until a solution can be made. Issue was reported to SEVIS Help Desk. |
1 |
| DSO reports that student was approved for CPT until 09/30/2007 and had applied for pre-completion OPT to begin on 10/01/2007. As of 10/01/2007, OPT was not approved, so DSO wanted to extend CPT to allow student to continue working until OPT was approved. SEVIS does not allow this action. Call to the SEVIS help desk verified that OPT dates could be edited with a new corresponding signed I-20 sent to service center. NAFSA Inquiry and call back from TSC revealed this was not possible. DSO will have to update the OPT dates in SEVIS once card is issued since EAD cannot be backdated in SEVIS. DSO would like at this point to edit the CPT/OPT dates as she knows it was not approved. |
1 |
| DSO reports problems with a recently created SEVIS rule that requires the next session start date to occur on or before the program end date. This creates a conflict with programs, such as IEPs, where a student may initially enroll in one term and then decide to continue their English studies for subsequent terms. The rule creates an extra step and additional work for DSOs at the end of a term. |
1 |
| J Exchange Visitor |
Submissions |
|
Adviser requests guidance regarding veterinary residents and the issue of what visa it is recommended that they enter on: J, H, or new trainee/intern. DOS does not allow clinical contact under trainee/intern, so adviser has been using H1B, which is labor intensive. Advisers would like to know if the prohibition on clinical contact applies to vet residents.
|
1 |
| Adviser inquires about a teacher on a J-1 visa arriving mid-year and eligible for tax exemption of salary. Adviser wonders if this in fact means only 18 months of tax free salary because the IRS calendar year runs from January to December. |
1 |
|
Adviser reports that a U.S. university-sponsored J-1 Research Scholar returned to his home country after 5 months in status to complete his doctoral program and defend his thesis. He had applied for some postdoctoral fellowships and intended to transfer in the fall after returning home for a few months, but the transfer was not created in SEVIS and his SEVIS record became inactive after his program ended in February. Over the summer the student accepted a postdoctoral fellowship at a government research institute. The international office at the government research institute notified him of the fact that he is now subject to the 24-month bar on repeat participation as a Research Scholar. In the process of seeking other options for him, the adviser is considering whether reinstatement is an option for this scholar.
|
1 |
Service Center Issues
| Region I |
Submissions |
| Adviser reports a student OPT application still pending since May 17, 2007. No RFE was received. Case status on-line indicates that receipt was sent. |
1 |
| Region IV |
Submissions |
| Adviser reports change of status denied by service center due to J-2 "failure to maintain status." Change of Status to F-1 filed 7/10/07; registered class 8/16/07; J-1 departed U.S. 8/26/2007. |
1 |
| Region VI |
Submissions |
| Adviser reports that USCIS requested a fee of $340 for a duplicate I-797. The I-797 was never received by the adviser or the worker, and adviser believes USCIS should issue a duplicate at no cost when original was never received. |
1 |
| Region VII |
Submissions |
| Adviser reports case received on May 7, 2007, faxed to service center SC on 10/4, 2007, to say that the case was beyond 120 day process received response saying that I failed to establish a level of extreme concern that would meet one of the necessary criteria to meet their concern. Alien needs to travel in December. |
1 |
| Adviser reports that J-1 students whose Change of Status to F-1 was granted have been denied part-time OPT approval. RFE states that time in J-1 status does not count toward F-1 academic year. Students do not have option of on campus employment, and adviser uses the part-time OPT option/time spent studying in another visa status. |
1 |
| Adviser reports that student applied for OPT after completing an associate degree in August, 2007. Student sent the OPT application in June, 2007. Service center office returned the check back to her because it was signed on the wrong line. She returned the signed check along with the letter to the SC office; it was received on 7/31/2007. A receipt has not been mailed, and the case status has not been updated. Student’s 60 days grace period expired on 10/15/2007. Student has called the immigration hotline several times and made an appointment with USCIS. After the meeting they told her that someone would call her, but one week passed without a response. On 09/24/2007 adviser e-mailed SC office to inquire as to the status of the OPT application, and has still not received a response. |
1 |
| Adviser reports that student went on a cruise while waiting for SEVIS reinstatement. Customs issued her I-515A saying she does not have the proper I-20. She has 30 days to submit original I-20 which is not possible because she is still waiting for the decision. |
1 |
| Region XI |
Submissions |
| Adviser reports RFEs requesting documents that were submitted with original case |
1 |
| Region XII |
Submissions |
| Adviser reports that the new I-797 approval notice for EADs contains information that the approval notice itself can be used for I-9 purposes. The instructions are ambiguous and the adviser came up with a variety of interpretations and requests clarification. |
1 |
| Adviser reports that for M-1 schools that must file an I-765 for Practical Training, the I-765 states that an I-539 must be filled with the I-765 application. The CIS for the SC and the SC do not agree on this requirement. SC requires the I-539 and the extension be made in SEVIS while VSC does not require this at all. Adviser requests clarification from SEVIS. |
1 |
