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Important Notice: New Rules for Travel to the United States on the Visa Waiver Program
The Department of Homeland Security (DHS) has announced implementation of the Electronic System for Travel Authorization (ESTA), a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program (VWP).
It is anticipated that ESTA screening will become mandatory for VWP travelers on January 12, 2009. However, DHS will begin accepting voluntary ESTA registrations on August 1, 2008 at the following website: www.cbp.gov/esta
ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. If applicants' destination addresses or itineraries should change after their authorization has been approved, they may easily update that information through the ESTA website.
In most cases, ESTA will provide an almost immediate determination of eligibility for travel under the VWP. An approved ESTA travel authorization is:
valid for up to two years or until the traveler's passport expires, whichever comes first;
valid for multiple entries into the U.S.; and
not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the U.S. under the VWP. In all cases, CBP officers make admissibility determinations at our ports of entry.
Learn more about ESTA here
http://www.cbp.gov/xp/cgov/travel/id_visa/esta/
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Attention International Travelers: Change in exit procedures (click here for notice)
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USCIS gives updated numbers as of April 9, 2007 on the 20,000 available exemptions for students holding U.S. Master's degrees: click here
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ATTENTION: ANY GRADUATING DARTMOUTH COLLEGE STUDENT WHO IS BEING SPONSORED BY AN OUTSIDE EMPLOYER FOR AN H-1B WORK VISA THAT IS SUBJECT TO THE "CAP" LIMITATION:
USCIS REACHES FY 2008 H-1B CAP
133,000 H-1B cap-subject applications received as of April 3, 2007, so US Citizenship & Immigration Services (USCIS) has indicated that they have received enough H-1B petitions to meet the FY 2008 H-1B cap.
While the government does have a separate limit of 20,000 H-1B visas for individuals who have earned a Master's degree of higher form a U.S. institution, USCIS has indicated that they have not determined how many of the 20,000 H-1B visas available to U.S.-earned Master's degree or higher category would be allotted. It will take some time for USCIS to notify us about their review of the applications received.
Please see attached memos issued by the USCIS last week and this week. We strongly recommend any graduating student to contact his or her sponsoring employer, and / or his or her consulting immigration attorney to determine what affect this may have on any pending H-1B applications
USCIS REACHES FY 2008 H-1B CAP. (click here for memo)
USCIS IMPOSES CONDITIONS ON AVAILABILITY OF PREMIUM PROCESSING FOR H-1B PETITIONS SUBJECT TO THE FY 2008 CAP (click here for memo)
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Annual State Cable on Students Continues to Cite Student Visas as a Priority May 5, 2006
On May 3, the State Department issued its annual cable regarding student visa processing, again reminding all consular posts that "Efficient processing of visas for students and exchange visitors is a high priority for the Department: every student should have the chance to make the initial start date of his/her academic or exchange program whenever possible" The cable goes on to highlight for consular officers the importance of focusing more on a student's academic qualifications (although ultimately not to question the judgment of the academic institution for admitting the student) and financial resources, and less on the institution they will study at and what their long-term goals are, as "by nature foreign students stay in the United States for extended periods of time." This helps reinforce the contents of a September 28, 2005 cable that clarified how consular officers should interpret the immigrant intent requirement when adjudicating student visa applications.
The new cable reminds consular officers that:
1) When examining a student's intent to depart the after a course of study, focus on the applicant's immediate and near-term intent, remembering that by nature foreign students stay in the for extended periods of time.
2) Since academic institutions have already determined that the student is qualified to enroll in school, as a general rule consular officers should not question the school's judgment. Students should be able to articulate their reasons for entering their field of study and choosing to study at a particular institution.
3) Focus on the student and not the institution during adjudication...Consular officers should not second-guess a student's choice of school, and they should not deny a visa based solely on the student's choice of a particular academic institution.
4) Student visas may now be issued up to 120 days before the program start date. Posts may accept applications for adjudication and processing even before the 120-day period, but may not issue the actual visa until 120 days before the start of studies.
5) DOS supports the efforts of consular posts to make visa interviews available to student on a priority basis, and posts should continue to expedite student and exchange visitor applications as necessary.
See the complete cable at: http://www.nafsa.org/_/Document/_/2006_dos_student_visa.pdf
We are encouraged by this cable, and hope that all international students and scholars will find the visa application process quick and smooth. Please let us know if you have any issues or questions.
Office of Visa and Immigration Services staff
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