IssueNet Archive - June 22 to July 20, 2007

IssueNet submissions fall into two categories. Report an Issue submissions are forwarded to Policy and Practice Committee point people. The point people then send monthly reports with their analyses and recommendations to 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.
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Issue Summaries

• F-1/SEVIS issues (3)
  
  
• Employment-Based issues (1)
  
  
• Benefits for international students, scholars, and faculty (25)
  
  

• Education Abroad Issues (1)
  
  
• U.S. Visas & Entry (24)
  
  
• J/Exchange Visitor issues (7)
  
  
  

Education Abroad Issues	Submissions
Study Abroad Adviser reports that NYC Spanish consulate was on strike Friday 6/22 and Monday 6/25 and suggested that NAFSA develop volunteer infrastructure to monitor major consulates and send alerts to members.	1

U.S. Visas & Entry	Submissions
Adviser reports that returning student has been denied her renewal of F-1 visa twice at the US consulate in Amman without substantiated reasons.	1
Adviser reports that F-1 applicant in Paris cannot get interview until 8/30/2007 and classes start 8/20/2007. Student would like earlier appointment.	1
Adviser reports that Iranian student applied in Ankara, Turkey for a student visa. Although the majority of his funding for his academic program is from his company, he was denied the visa on the basis that his personal funding was too much in comparison with his salary and he might not return to his home country. The student then applied for a J-1 student visa in Dubai on July 8th but was denied again. The consular officer told the student that he was not qualified to get the visa because he didn't have enough "social contacts" outside of Iran although the student had been to France and Turkey several times in the past five years.	1
Adviser reports that new Ph.D. student from Iran applied for an F-1 visa in Cyprus and was denied because she showed only personal funding on her I-20. The consular officer explained that she would be a better applicant for the student visa if she received funding from her academic department. She did not receive a written explanation about the denial.	1
Adviser reports that exchange student from Bordeaux requested an appointment for visa interview at US Embassy in Paris on 6 July and was told that the earliest appointment would be after 30 August. Program start date at the US college is 22 August with classes beginning on 27 August. There has been no response to a faxed request to the Embassy Visa Section for earlier appointment date. Adviser requests name of person she can contact to request earlier appointment.	1
Adviser reports that F-1 student returning to school after a two week break between academic terms was told by the border official that the travel authorization on her I-20 was incorrect. The I-20 had been signed 6 months previous, and student had crossed Canadian/US border at least twice before during that time period. The student reported that the official took the I-20 because it was invalid but allowed her to enter the US and told her to get a new I-20 from the DSO.	1
Adviser reports that undergraduate exchange student made appointment for visa interview at Paris Consulate in mid-June and was given appointment date in early August. A friend made appointment on the same day and was given an early July date. Student will be late for housing check-in at university.	1
Adviser reports that visiting scholar applied for a J-1 visa in late November 2006 to begin program starting in late January 2007. Visa delays due to security clearance necessitated deferrals of program start date. In May 2007, embassy said clearance is done, only needs a new DS-2019 with updated dates to issue visa. In June, the scholar provided new DS-2019 and has not been issued the visa.	1
Adviser reports that the published visa wait times for France are inaccurate. Information on the web states 21 days for F/J visa, when in reality it is taking 2 months from now (June) and students may not make it to class in time for the Fall.	1
Adviser reports that I-94's and I-20's for M-1 visa students entering US from Canada are stamped with an incorrect status and with an incorrect departure date, necessitating document corrections by the CBP Deferred inspections.	1
Adviser reports that prospective student had very bad experience in embassy while applying for F-1 visa. The student reported that the interview was unfriendly and accusatory and that her previous visa was cancelled and her new application was denied.	1
Adviser reports that a faculty member plans to bring seven students from France under F-1 and J-1 status for Fall 07. He reports that these students have been told by the Embassy in Paris that a visa appointment may take 2 months. The Visa Wait Time site shows 21 days for student visa appointment in Paris. The students are expected to arrive no later than 8/13/2007 at the institution.	1
Adviser reports that a J-1 Exchange Visitor was referred to Special Registration upon entry to the US and felt humiliated by the experience. The EV and his wife do not wish to stay in the US after this experience.	1
Adviser reports that an international student’s brother flew in to attend the graduation ceremony. The student was taking his brother back up to the JFK airport for his flight back home via train. The student reported that half-way through the trip, one of the train conductors started giving the student and his brother a hard time about being on the train and asked them to step off the train at a stop. They were then interrogated by the Transit Police on the platform. The police told them that they were being questioned because some people on the train had been concerned about how they were holding their bags. After about 15 minutes they were allowed back on the train to continue their trip.	1
Adviser reports that student was denied F1 visa for attendance	1
Adviser reports that according to travel.state.gov the US Embassy in Paris has an appointment wait time of 21 days. A new J-1 student tried to schedule an appointment and the earliest day available was well past the 21 day period and the same day as the start date of her program.	1
Adviser reports that an F-1 applicant went for her interview at the US Embassy in Bogota and that the consular officer did not ask questions or look at her documents. He told her that her visa had been denied and handed her a letter stating all the possible reasons a visa can be denied, but did not indicate the one that applied to her case.	1
Adviser reports more than one month delay of security check.	1
Adviser reports that 2 J-1 Research Scholars consulted the Department of State website and saw visa wait times between 18 and 21 days at the US Embassy in Paris. The online appointment scheduler used by the Paris embassy stated that the earliest appointment was well beyond that time. One EV called the call center (and paid $20 for the call) and was denied an earlier appointment. Adviser faxed the cable to the embassy requesting an earlier appointment, and the embassy called adviser and set up an earlier appointment with the EV.	1
Adviser reports that a student was denied a visa at the Beijing consular office. She began her master's degree program at same school in Fall 2006. During Spring 2007, she received an authorized Reduced Course Load for improper course placement. Adviser received a written endorsement from her academic adviser, approved the RCL and reported it in SEVIS. Apparently the consular official saw this RCL, thought she had been under-enrolled without authorization, and denied her visa. The officer told her that school reported she was out of status in SEVIS and she is therefore not eligible to return. They said she should take it up with the school. Her SEVIS record is in ACTIVE status, no problems.	1
Adviser reports that PRC student plans to transfer to her college from a high school in the US. The student returned to China for the summer and needs to renew her visa. The Consulate insists that her SEVIS record is not in order and told her it still says her high school with a 6/2007 completion date. The adviser issued her the transfer I-20 on 6/8 and reports faxing copies of the I-20 and the SEVIS screens to show that the student’s record clearly indicates she is transferring to the college and now has a completion date of 2011. The US consulate in Guangzhou still refuses to issue her the F-1 visa.	1
Adviser reports that visa appointments for students and Exchange Visitors coming to the US for study in the Fall term are being delayed in Spain and they can not get an appointment. The consulates are not following the listed visa wait times on the DOS website. Students are forced to apply late and possibly arrive late to campus.	1
Adviser reports that many students are coming through the port and not receiving entry stamps on the I-94, I-20, and/or the passport. This is causing a lot of difficulty for the students when they apply for Social Security cards and Drivers Licenses. The students are unable to get cards until they have entry stamps on all three of the documents.	1
Adviser reports that student with SEVIS termination and potential SEVIS violator flags are instructed by officers at POE to contact the school to resolve the flag. DSOs were told not to request flag removals except for Change of Status and Authorized Early Withdrawal, and some of the students referred from the POE were terminated for other reasons.	1

F-1 & SEVIS Issues	Submissions
Adviser reports that a student who writes a blog about literature and various cultural criticisms would like to receive approximately $30 per month through "google ads" on his blog. The school isn’t sure how to advise the student in this situation and requested advice from Policy and Practice Committee.	1
Adviser reports that the intensive English program is registered in the state of California to provide English instruction to non-immigrants and is not allowed to provide instruction to residents of California or to US citizens. The school is applying for a third location, and the adviser reports that SEVP has stated the school should not plan to have international students enrolled until the I-17 has been approved.	1
Adviser reports that F-1 ESL student registered for summer ESL session that ends 8/10/07. To verify his registration, DSO entered Current Session End Date of 8/10/2007 and Next Session Start Date of 9/4/2007. The SEVIS upgrade now prevents entering a Next Session Start Date beyond the current Program End Date. DSO must now check the "Student is in last session of his/her program" box, when majority of the ESL students will continue to the next session. Adviser is concerned about reporting inaccurate/inappropriate information and would like to do what was possible before the upgrade: indicate the real next session start date. Then if and when the ESL student extends his/her registration, it's done.	1

J and Exchange Visitor Issues	Submissions
Advisers reports that a foreign faculty member applied for J-1 and J-2 visas for family in January to begin teaching in July. They had a baby and the SEVIS system has locked out the ability to do a DS-2019 for the baby. The adviser spoke with several people at the SEVIS HelpDesk and was referred to DOS. The adviser reports leaving several messages and re-faxing the request for special consideration to the DOS contact. The faculty member and the school would like to have the matter resolved.	1
Adviser asked if DOS expected schools to make payment to pay.gov on behalf of scholars requesting waivers. [pay.gov mandate does not apply to waivers.	1
Adviser reports she notified DOS that the university is concerned about this new system as not many details have been provided and requested additional information.	1
Adviser reports that Fulbright students from a certain country are denied transfers, while others are not, and that exceptions will not be made. Adviser reports that students are admitted and would like to transfer sponsorship to adviser’s university in order to continue for a PhD.	1
Adviser reports that boxes in draft DS-2019s remained checked when funding was changed to other organizational support in the preliminary endorsement section SEVIS Help desk could not remove the checks and referred the adviser to DOS for correction, or adviser could cancel the initial DS-2019 and re-issue twenty-five forms. Adviser chose to cancel and re-issue due to time related needs. Adviser requests that this be fixed as other advisers may have no idea that if government funding is checked in the draft, the restriction show up no matter what changes are made in the funding source. Since the RO cannot see the checked boxes in SEVIS, the problem isn’t apparent until the DS-2019 is printed.	1
Adviser suggests that Pay.gov be set up similar to SEVIS, where the Exchange Visitor can go to the site and pay this fee.	1
Adviser reports that Exchange Visitor received recommendation for waiver of the 2-year home residency requirement from DOS. EV requested extension of her form DS-2019 based on new five year rule. Extension was denied by RO based on 9FAM41.62N11.2, which states that "Once an RO or ARO is notified by the Department that a favorable recommendation has been sent to the Department of Homeland Security regarding a waiver request, the exchange visitor is no longer considered eligible for an extension beyond the end date shown on the current Form DS-2019..." EV traveled outside the U.S. and visited U.S. Consulate and reports that she was told by a consular officer in Santiago, Chile that a recommendation from the DOS should not prevent her from being given 5 years on her form DS-2019 as permitted by law and that the authority to extend her DS-2019 resides with USCIS. Adviser asks if DOS has changed its opinion on the issue of extensions after receiving a waiver recommendation	1

Employment Based Issues

Submissions

Adviser reports that he has tried to add a new user to the school's PERM account since late May. The user would receive a log-in ID and password, but cannot log on to the school's system, and the person's name on the user list. The adviser has tried adding the same user 5-6 times as directed by PLC Help Desk, but without success. The adviser reports being told by the Help Desk, in various communications, that it was not an employer account, EIN does not exist in the system, there was no problem, or that he was not allowed to add/delete users, etc. The adviser reports that he told them that he had authority in PERM to add or delete users in the past and that PERM applications have been certified with the same EIN, and DOL asked the adviser to re-register his school.

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Benefits for International Students, Scholars, and Faculty (Service Centers)

Region I	Region V	Region X
Region II	Region VI	Region XI
Region III	Region VII	Region XII
Region IV	Region VIII

Region I	Submissions
Adviser reports that student applied for 3 months of SEH and received an EAD with 12 months OPT instead.	1
Adviser reports that student applied for OPT, and receipt notice was dated 4/6/2007. Someone from the Service Center called adviser’s office in mid-June when she was out of the office, asking questions about this application. The SC officer said that the student applied for both pre- and post-completion employment and that he would call again the next day. The adviser has not received a call back, checked the application (which was for post-completion OPT following a graduation date in May). Adviser was concerned that the student would lose OPT time, and this case was referred to the Region’s Regulatory Ombuds.	1

Region III	Submissions
Adviser reports that student applied for post-completion OPT employment, received a receipt notice dated July 9th, and case status online was listed as pending past the 90 day period Adviser requested assistance, and the request was forwarded to the Region’s Regulatory Ombuds	1
Adviser reports that EAD cards are taking over 90 days to be processed.	1
Adviser reports that OPT application was submitted to Service Center, was pending over 90 days, and that OPT applications from the same time period were adjudicated and approved for all other students. Adviser requested assistance, and this request was forwarded to the Region’s Regulatory Ombuds.	1
Adviser reports that several students have been waiting for EAD cards to be issued for OPT for more than 100 days without response to inquiries via fax or email.	1
Adviser reports that student applied for OPT, the case was pending more than 90 days, and that other applications filed later were approved by the Service Center. Student has a firm offer of employment and is concerned that his application is taking longer than the 90 day processing timeframe.	1
Adviser reports that in response to I-140 for outstanding professor/researcher, pending for 3 months, he received an RFE requesting details never required before: duration of project funding, whether benefits package is same as for tenured faculty, demonstration of prior renewals for extended long-term research projects, expected term of this project, requirement for evidence that this is a permanent research position. Adviser questions receiving this type of RFE in response to Premium Processing request.	1

Region IV	Submissions
Adviser questions why he is being asked to copy all of the CPT I-20s for a student who applied for OPT as the CPT information is available in SEVIS. Adviser feels that this is a waste of time and paper and has resulted in unnecessary RFEs.	1
Adviser reports that in the latest upgrade it became impossible to authorize CPT and OPT at the same time, and that there is no regulation that prohibits CPT and OPT being done at the same time. Adviser feels that SEVP has created regulations via software updates.	1
Adviser requested case specific assistance, and the request was forwarded to the Region’s Regulatory Ombuds.	1
Adviser requested advice regarding whether student could travel even though I-797 receipt was not received but check was cashed and USPS Certified mail receipt was received. This request for information and/or case assistance was referred to the Region’s Regulatory Ombuds.	1
Adviser reports that student received multiple RFEs for OPT application. Details were forwarded to the Region’s Regulatory Ombuds.	1
Adviser reports that the I-129 Form on the USCIS website for the "Data Collection and Filing Fee Exemption Supplement" does not retain the typed in amount in #6 "Rate of Pay PerYear" but appears to be a form filler error.	1

Region VI	Submissions
Adviser reports that an F-1 student applied for and was granted OPT. Upon receipt of her card, she saw that her benefits dates - which were requested to be 07/03/2007 through 07/02/2008 - had been shortened to 07/03/2007~09/30/2007. In SEVIS, these dates were changed but not by a school official. Through communication with the Service Center, school learned that the adjudicator saw that the student had been granted an I-129 (with a 10/01 start date) and had shortened her OPT to end 09/30. Adviser is concerned that shortening of OPT for students who may not wish, ultimately, to take these H1B jobs will cause problems.	1
Adviser reports that student is currently on CPT 09/05/2006 - 07/21/2007. He applied for OPT to begin on July 22, 2007 (the day following the end of CPT). Student was sent an RFE and the information and materials requested were received by USCIS on 06/26/2007. However, now there is a delay of 60 - 90 days for the adjudication. Unfortunately, CPT will end before then. This CPT is a required internship of 1 year - in order for the student to have the Ph.D. Failure to complete this internship will result in not receiving the degree. Adviser requested case specific assistance and the request was forwarded to the Regulatory Ombuds in Region VI.	1
Adviser requested case-specific assistance, and the request was forwarded to the Regulatory Ombuds in the Region.	1
Adviser reports that receipt notices for I-129 H-1B petitions sent over a 2 month period have not been received. School reports that in the past receipt notices were received one week after USCIS received the petitions, and the time period increased to two weeks and now appears to be indefinitely.	1

Region VIII	Submissions
Adviser reports that school was told to mail EAD card and letter to the helpdesk at the Service Center after student was not able to graduate. Recently, adviser was told that the student cannot have a revoked EAD card.	1
Adviser reports that two students received notices of action and even approval notices in the mail to the addresses they gave but did not receive their EAD cards for OPT. Adviser reports that this happens at least once a year. One student was told to resubmit the entire application and payment for a replacement card and one student was told only to send in another I-765 form. Both had approval notices.	1
Adviser reports that F-1 student, who has not moved in the interim, said he has never received his EAD card, despite receiving Approval Notice in May.	1
Adviser reports that Service Center is now sending RFEs requesting additional information beyond what appears in the regulations, such as letters from DSOs regarding failure to maintain status . Adviser is learning what is needed by trial and error which results in delays for the students. Adviser requests that NAFSA in consultation with USCIS develop a practice advisory on reinstatement.	1

Region XI	Submissions
Adviser requested case specific assistance regarding an OPT application, and the request was forwarded to the Regulatory Ombuds in the Region.	1

Region XII	Submissions
Adviser asks if the M-1 and I-539 for OPT provided by NAFSA is correct. The "Immigration Update May 30, 2007" from NAFSA states that an application I-539 must be filled with an I-765 application if the date on the I-94 will expire before OPT ends. The I-94 for M-1 students are usually stamped 30 days from their I-20 end date, but some are stamped one year from their I-20 end date even if their I-20 does not have a one year duration. The Service Center informed M-1 schools that the I-539 must always be filled. Adviser asks NAFSA to clarify.	1
Adviser reports that he received RFE for a Change of Status petition. The RFE requests a waiver of 212E although the letter filed with the petition states that he is not subject, and the DS2019 and visa copies are not marked subject. Scholar received school funding throughout his program (non government), which is reflected on the DS2019 copies and he is a citizen of the United Kingdom (not on Skills list).	1