Adviser's Manual Online Update History 2010

1. New fees for USCIS applications and petitions for benefits, including I-129 filing fees and premium processing fees, became effective on November 23, 2010.
   • All chapters
2. New Form I-129: available November 23, 2010, required as of December 23, 2010. This new form includes a deemed export control attestation for H-1B, O-1, and L-1 petitioners, and other changes.
   • Chapter 7: H-1B Workers
   • Chapter 8: O-1 and Treaty Workers
3. An October 12, 2010 BALCA decision addresses the definition of "business day" for purposes of posting notices.
   • Chapter 11: Labor Certifications
4. The Student and Exchange Visitor Program has changed its e-mail from sevis.source@dhs.gov to sevp@dhs.gov. E-mails sent to sevis.source will be forwarded to sevp@dhs.gov during the transition.
   • SEVIS Chapters: 3-F-1 Students; 4-J-1 Exchange Visitors; 5-M-1 Students; 6-SEVIS Systems
5. In September, 2010, ICE's Compliance Enforcement Unit (CEU) was reorganized, and is now called the CTCEU [Counter Terrorism and Criminal Exploitation Unit].
   • SEVIS Chapters: 3-F-1 Students; 4-J-1 Exchange Visitors; 5-M-1 Students; 6-SEVIS Systems

1. Special student relief benefits for qualifying Haitian students, effective September 15, 2010. Chapters updated:
   • Chapter 3: F-1 Students
     
2. In a September 1, 2010 broadcast message, SEVP provided guidance to DSOs on dealing with the situation where visa issuance delays result in a new student not being able to arrive for the program start date, or returning students not being able to return by the next session start date. Chapters updated:
   • Chapter 3: F-1 Students
     
3. SEVP posted an update to its mailing address on August 10, 2010. Chapters updated:
   • Chapter 3: F-1 Students
   • Chapter 4: J-1 Exchange Visitors
   • Chapter 5: M-1 Students
4. A final rule covering the J trainee and intern categories is effective September 10, 2010, making several changes to an interim rule that had been in effect since 2007. Chapters updated:
   • Chapter 4: J-1 Exchange Visitors
5. On September 17, 2010, the Department of Labor announced that "The National Prevailing Wage and Helpdesk Center (NPWHC) has changed its name to the National Prevailing Wage Center (NPWC). Contact information for the NPWC will remain the same except for the name change..." Chapters updated:
   • Chapter 7: H-1B Workers
   • Chapter 11: PERM Labor Certs
   • Chapter 12: Lawful Permanent Residence
6. On August 13, 2010, the president signed into law H.R.6080, establishing an additional fee of $2,000 for H-1B petitions and $2,500 for L petitions, if the petitioner employs 50 or more employees (part-time and full-time combined) and more than 50% of the petitioner's employees are H-1B or L nonimmigrants. USCIS will review H-1B and L petitions postmarked on or after August 14 to determine if the petition is subject to the new fee. Until Form I-129 is updated to collect the information USCIS needs to assess whether a petitioner is subject to the fee, petitioners should include a statement in their petition materials to establish that they are not subject. Chapters updated:
   • Chapter 7: H-1B Workers
7. Effective September 8, 2010, DHS will begin collecting a fee of $14 in connection with issuing an ESTA travel authorization for VWP air and sea travelers. Chapters updated:
   • Chapter 9: B and VWP Visitors
8. Effective September 1, 2010, the US Mission in Canada transitioned to a new visa appointment service appointment system called The U.S. Visa Service. Applicants can pay their MRV visa application fee, arrange for courier service, get information, and make a nonimmigrant visa appointment through this service. Chapters updated:
   • Chapter 10: Nonimmigrants
9. Added information concerning the use of DHS TRIP. Chapters updated:
   • Chapter 10: Nonimmigrants
10. USCIS interim guidance effective August 18, 2010, incorporates the process identified in the 9th Circuit's Kazarian v. USCIS decision, and directs adjudicators to "first evaluate the evidence on an individual basis to determine if it meets the criteria, and then...consider all of the evidence in totality in making the final merits determination" in EB-1 cases. Chapters updated:
    • Chapter 12: Lawful Permanent Residents
11. DHS updated its regulations effective August 9, 2010, to allow an "immediate family member" of an A or G foreign official to apply for employment authorization under certain conditions. Chapters updated:
    • Chapter 13: Other Categories

1. Effective August 3, 2010, Form I-539 must be filed with the Dallas Lockbox, with a few exceptions. Chapters updated:
   • Chapter 3: F-1 Students
   • Chapter 4: J-1 Exchange Visitors
   • Chapter 5: M-1 Students
   • Chapter 7: H-1B Workers
   • Chapter 8: O-1, TN, and Treaty Workers
   • Chapter 9: Visitors
   • Chapter 15: Appendix
2. Effective August 3, 2010, Form I-140 must be filed with the Dallas Lockbox, with a few exceptions. Chapters updated:
   • Chapter 12: Lawful Permanent Residence
   • Chapter 15: Appendix
3. On June 7, 2010, SEVP issued Policy Guidance 1004-04 - Visa Revocations. The guidance describes the process leading up to visa revocation, the Department of Homeland Security's response to a visa revocation, and actions SEVP would like a DSO to take in SEVIS after being notified by ICE of a visa revocation. Chapters updated:
   • Chapter 3: F-1 Students
4. USCIS has proposed changing the Form I-129 petition for nonimmigrant workers, to require H-1B, L-1, and O-1 petitioners to attest that "deemed export" control rules have been complied with in relation to the beneficiary of the petition. Chapters updated:
   • Chapter 7: H-1B Temporary Workers
   • Chapter 8: O-1, TN, and Treaty Workers
5. DOS raised the Machine Readable Visa fee (MRV) and the Border Crossing Card (BCC) fee, effective June 4, 2010. Chapters updated:
   • Chapter 10: Nonimmigrants
   • Chapter 15: Appendix
6. In a recent Board of Alien Labor Certification Appeals decision [BALCA Case No. 2010-PER-00038 (July 12, 2010)], BALCA upheld the decision of a Certifying Officer who denied a PERM application in part because the employer used the "more qualified" standard in a recruitment conducted under the basic process at 20 C.F.R. § 656.17, rather than the special recruitment process of 20 C.F.R. § 656.18. Chapters updated:
   • Chapter 11: PERM
7. On July 22, 2010, DHS published a final rule that deals mostly with electronic signatures and storage of Form I-9. Chapters updated:
   • Chapter 14: Institutional Topics

Chapter 3: F-1 Students

• On May 24, 2010, USCIS announced that it will transition the filing of Form I-539 to the lockbox filing system in June, 2010. USCIS will post the revised filing instructions, update the web page for the form, and announce the address change with a USCIS Update. "Throughout the transition period and up to the point where USCIS formally announces the new filing addresses, customers with concerns should contact the National Customer Service Center at 1-800-375-5283." Applicants and petitioners should continue to file this form with the proper Service Center, however, until USCIS posts revised filing instructions. Stay tuned to NAFSA's USCIS Update Page for news on this topic.
• There have been some recent reports that students who request a record to be reactivated after a leave of absence are being asked by the SEVIS Help Desk for proof that the student will begin classes within 30 days of the reinstatement to active status.

Chapter 4: J Exchange Visitors

• Since SEVIS Release 6.2 was implemented in February, 2010, the amended Program Begin Date cannot be earlier than the date the Amend Program function is used.
• On May 24, 2010, USCIS announced that it will transition the filing of Form I-539 to the lockbox filing system in June, 2010. USCIS will post the revised filing instructions, update the web page for the form, and announce the address change with a USCIS Update. "Throughout the transition period and up to the point where USCIS formally announces the new filing addresses, customers with concerns should contact the National Customer Service Center at 1-800-375-5283." Applicants and petitioners should continue to file this form with the proper Service Center, however, until USCIS posts revised filing instructions. Stay tuned to NAFSA's USCIS Update Page for news on this topic.

Chapter 9: Visitors (B and VWP)

• In a May 20, 2010 Press Release, the Department of Homeland Security announced that by the end of summer 2010 it plans to eliminate the use of paper I-94W forms for Visa Waiver Program (VWP) travelers who have an approved ESTA (Electronic System for Travel Authorization).

Chapter 10: Nonimmigrants

• In a May 20, 2010 Press Release , the Department of Homeland Security announced that by the end of summer 2010 it plans to eliminate the use of paper I-94W forms for Visa Waiver Program (VWP) travelers who have an approved ESTA (Electronic System for Travel Authorization).

Chapter 12: Permanent Residence

• On May 24, 2010, USCIS announced that it will be transitioning the filing of Form I-140 to the lockbox filing system in June, 2010. USCIS will post the revised filing instructions, update the web page for the form, and announce the address change with a USCIS Update. "Throughout the transition period and up to the point where USCIS formally announces the new filing addresses, customers with concerns should contact the National Customer Service Center at 1-800-375-5283." Applicants and petitioners should continue to file this form with the proper Service Center, however, until USCIS posts revised filing instructions. Stay tuned to NAFSA's USCIS Update Page for news on this topic.

Chapter 15: Reference Appendix

• Machine Readable Visa (MRV) fee raised effective June 4, 2010.
• USCIS planning to add Forms I-539, I-140, others, to Lockbox filing program in June, 2010.

Chapter 3: F-1 Students

• SEVP issued revised OPT Policy Guidance on April 23, 2010. This guidance rescinds the 10-day exceptions to the count of days of unemployment, and deletes the requirement that STEM OPT employment must be paid employment. The guidance also provides H-1B cap-gap dates for FY 2011 H-1B filings.
• Recertification update: SEVP informed NAFSA that they plan to begin sending recertification notices to the first group of 50 schools around the first week of May, 2010. SEVP will not notify all schools at once. Rather, they plan to notify a group of schools each month after recertification begins, until all schools are notified.

Chapter 7: H Temporary Workers and Chapter 11: PERM Labor Certifications

• In a March 12, 2010 Federal Register notice, the Department of Labor corrected the 4-digit extension used in the mailing addresses for the National Prevailing Wage and Helpdesk Center (NPWHC) that were published in DOL's original December 4, 2009 notice. The old ZIP code was 20005-3142; the new ZIP code is 20005-3105.

Chapter 9: Visitors (B and VWP)

• In a May 20, 2010 Press Release, the Department of Homeland Security announced that by the end of summer 2010 it plans to eliminate the use of paper I-94W forms for Visa Waiver Program (VWP) travelers who have an approved ESTA (Electronic System for Travel Authorization).
• Greece was added to the list of VWP countries, effective April 5, 2010.

Apr
2010

• As of February 24, 2010, I-765 applications for OPT and student employment should be filed with the USCIS Lockbox Facility having jurisdiction over the student's place of residence. See the USCIS Web site for filing addresses. Until March 26, 2010, Service Centers will forward mail incorrectly filed at the Service Centers to the appropriate USCIS Lockbox facility. After March 26, 2010, applications will be returned to the applicant, with a note to send the application to the correct location.

• Added practice note on proposal to add deemed export acknowledgement on Form I-129.

• Filing with a USCIS Lockbox facility for Forms I-765, I-824, I-102, and I-485.

• New telephone numbers for Academic and Government Programs Division office and Private Sector Programs Division office.

• Centralized prevailing wage determination requests with the NPWHC, effective January 1, 2010.
• USCIS policy on establishing employer-employee relationship in H-1B petitions.

• Deadline for States to request a second extension under REAL ID extended from October 11, 2009 to December 31, 2009.

Chapter 11: PERM

• Information on prevailing wage determination requests with the NPWHC effective January 1, 2010.

Chapter 13: Other Categories

• Updated discussion of Temporary Protected Status (TPS).

• E-Verify rule for federal contractors, effective September 8, 2009.
• DHS rescinds its no-match letter rule, effective November 6, 2009.