This PowerPoint Presentation from the NAFSA 2008 Annual Conference Session SEVIS Q&A with SEVP includes the following highlights:
Optional Practical Training
OPT: Cap Gap
Recertification
Recertification Proposed Rule
- Fee/recertification rule is proposed and open for comment until June 20, 2008
- Links to the rule on Web site at www.ice.gov/sevis
- First recertifications start April 2009
- 2 year cycle to complete
- At least 6 months notice
Three parts to recertification review
- Remain a bona fide school
- Up-to-date, accurate I-17 information
- Complete, accurate, and timely student recordkeeping
Prepare for Recertification
- Keep Form I-17 updated
- Keep student information in SEVIS current and accurate
- Maintain student records
During Recertification
- Submit Form I-17 for recertification with any recent updates (if applicable)
- Respond to any requests for student records
- Respond to any RFE
- Support Form I-17 updates
- Explain anomalies in student records
Optional Practical Training
Interim Final Rule
- Part of President’s Policy Agenda
- Fast-tracked
- Effective April 8, 2008
- Comment period until June 9, 2008
- SEVP Policy Guidance available at www.ice.gov/sevis
OPT: Changes for All
- May apply for post-completion OPT during grace period
- Must file application with USCIS within 30 days of requesting a recommendation for OPT
- Must specify pre or post completion OPT
- 90 day limit on unemployment for post-completion OPT plus an added 30 days of unemployment for students with STEM extension
OPT: Graduate students who have only thesis or dissertation remaining
- Unemployment is not counted
- Allowed to work full-time
- Cannot apply for STEM extension
- No cap gap extension
- May extend program if extra time is needed
- Unemployment counts
- Can work full-time
- Can apply for STEM extension
- Eligible for cap gap extension
- Cannot extend program
Pre-Completion OPT | Post-Completion OPT |
OPT: 17-Month STEM Extension
- Requirements
- Student is on post-completion OPT for a STEM degree
- Degree is on the STEM list
- e-Verify employer
- Employer reports to DSO
- DSO updates SEVIS
- In employer name field: Unemployed [date] per [employer name]
- Not required to contact student
OPT: Cap Gap
- Allows F-1 students who are the subject of an H-1b application to remain in the United States in past the expiration of their original F-1 status until Sep 30 unless the application is:
- Rejected
- Denied
- Withdrawn
- DSO Responsibilities
- Check OPT end date in SEVIS
- If more than 10 days in the future, wait
- If less, ask for a data fix Print Form I-20 for student
- Evidence needed (in order of preference)
- If student has a receipt number, provide it
- Wait list notice from USCIS naming the student (must be prior to July 28)
- Letter from employer with delivery receipt to USCIS Service Center
SEVIS Updates
- SCR to support rapid data fixes
- Emergency release in July
- Larger release in November – will add batch functionality