IssueNet Archive - September 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 (0)
  
  
• Benefits for international students, scholars, and faculty (5)
  
  

• Education Abroad Issues (1)
  
  
• U.S. Visas & Entry (4)
  
  
• J/Exchange Visitor issues (2)
  
  
  

Education Abroad Issues	Submissions
Adviser reports that a student leaving for Paris arrived at his pre-arranged consulate appointment to discover that the offices at the Los Angeles consulate were closed. The student was told that they would try to get him seen at the San Francisco consulate, but could not guarantee an appointment since the San Francisco consulate is so busy.	1

U.S. Visas & Entry	Submissions
Adviser reports that student returned to Saudi Arabia during Summer 2007 for a family event and needed to renew her visa. The visa was denied because the consulate did not believe that her English was sufficient. The student had already attended an ESL school, completed her TOEFL, and attended a semester of college. The student was willing to return to ESL and obtained an I-20 for ESL and was still denied, because the consulate believed that the student would just transfer back to her school.	1
Adviser reports that a student visa was delayed due to security clearance for more than 2 months and then denied under INA 212(a)(3)(A)(i). Under the statute, a visa may be denied for “Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in…any activity…to violate any law of the United States relating to espionage or sabotage or…to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information.”	1
Adviser reports that a Canadian H-1B employee was told by the POE officer that she did not need an I-94 card for either herself or her son. The employee mentioned that she had been told specifically it was necessary, but the officer instead tore off the bottom of her I-797 Approval Notice, stapled it in her passport, and stamped it without an expiration date. For the employee’s son, he stamped a random page of his passport. Now, adviser must send employee back to Deferred Inspection to get an I-94 card for herself and her son.	1
Adviser reports that a J-1 student and her J-2 spouse made an initial entry from Mexico into the US to begin her studies. She presented her valid passport and J-1 visa, and her valid DS-2019. She was told by the POE Officer to “check in with your school, get an I-20 and then report back to immigration next time you cross the border. Turn in your I-94 and get a new one with J status." The officer then admitted them in B-2 status and presented them with I-94 cards that said "prospective J students."	1

F-1 & SEVIS Issues	Submissions
DSO reports that in the past 18 months she has called the SEVIS Help Desk to remove flags on 86 students Terminated for positive reasons (Authorized Early Withdrawal, Absent from Country for Five Months and Change of Status Approved). DSO asks whether SEVP can run these lists and automatically have the flags removed rather than having advisers call in each one individually, especially given the requirement to wait until 7 days after the termination before calling.	1
DSO reports that student on CPT was given an E-verify “Notice to Employee of Tentative Nonconfirmation" form. The form states that the employer is participating in a pilot program with SSA and DHS to verify employment eligibility from I-9. Student was told that if he wishes to "contest," the nonconfirmation, he must contact DHS, but no number is provided and SEVIS Helpdesk cannot help. Since DSOs authorize CPT and no EAD exists, DSO requests information on how to proceed.	1
Adviser reports that an F-1 student got married and had an I-485 submitted. Student left the country and returned with a paroled I-94 card. She never stopped attending school, but did not inform advisor of the marriage. She returned and the relationship ended and her lawyer cancelled the green card application. She transferred here with a valid I-20, but I94 is paroled. She changed her status when she returned to the US. The lawyer did not instruct the student or tell her what the status of the cancelled application was or what happened to her previous status.	1

J and Exchange Visitor Issues	Submissions
Adviser reports DOS is unwilling to do a data fix on a J-1 that was mistakenly not validated. DOS advised that DOS would only consider a data fix when there was clearly a SEVIS glitch which prevented her from creating a transfer in DS-2019.	1
Adviser reports that Pay.gov is not convenient when the scholar is paying for a requested service (such as a change in category) on his own behalf. The institution does not have a way to accept the scholar's payment and then pay through pay.gov.	1

Employment-Based	Submissions
No issues were reported this month.	0

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 II

Submissions

Adviser reports that RFE was received requesting correction of OPT application: indicate full or part time, Pre or Post completion; correct completion date in SEVIS to agree with I-20, and indicate graduation date. All these were correct both in SEVIS and on I-20 included with the application. The adviser emailed service center attaching SEVIS data screen and OPT request page, I-20 sent with application, and asking for assistance. There was no reply. When denial arrived the adviser again emailed the service center asking about the error and still received no response.

1

Region III	Submissions
Adviser reports that after responding to a March 28, 2007 letter requesting further information, the adviser had not received further information or correspondence regarding the decision on reinstatement for a student as of September.	1

Region IV	Submissions
Adviser reports that a student received an RFE on an OPT application stating the I-20 information was not acceptable. The student provided the requested information, and was told the informed decision would be in 60 days. PDSO called, and then faxed all info. There has been no response from the service center.	1

Region VI

Submissions

DSO reports that a post-secondary F-1 diploma level was student denied OPT because "policy is to only recognize associate, bachelor, master's and doctorate levels as OPT eligible." There is no regulatory basis for this policy. Similar denials have been overturned after filing and paying $580 for Motion to Reconsider. The institution will assist this student in filing a motion to reconsider but requests clarification of policy regarding OPT for F-1 student.

1

Region VII	Submissions
Adviser reports that H-1B/I-129 were rejected due to the fact that the fee check was payable to "Department of Homeland Security c/o Int'l Affairs" office address instead of payable to “DHS” alone. Checks at the University are issued by an university automated check writer and mailed to the requester at the address listed on the check.	1