We have been informed that the U.S. Border Patrol is again setting up intermittant traffic stops on the highways around the Upper Valley (Hanover / Lebanon / White River Junction). These traffic stops require that all cars stop, and that all occupants respond to questions regarding immigration status and citizenship. This is a reminder to all persons sponsored by Dartmouth College for a temporary non-immigrant visa that you are required by U.S. regulatoins to carry your alien registration documents with you at all times. Depending on your visa type, these documents would include the follwoing:
If you are stopped and you have forgotten to have with you your required documents, simply inform the officers of your name, date of birth, and immigration status, and also the fact that you are sponsored by Dartmouth College. Tell them that our office would be happy to confirm your status should there be any question, and we can be reached at any time by calling the office during normal business hours (603) 646-3474), or the following number after hours: (603) 995-1035.
Please let us know if you have any questions.
OVIS
Dartmouth College
All U.S. schools and institutions authorized by the U.S. government to host international students, scholars and visiting faculty on F, J or M visas have had to comply with federal regulations concerning the collecting and reporting of certain international student and scholar data. Passage of immigration reform legislation by the U.S. Congress in 1996 created a mandate for an electronic data system to monitor international students and scholars and their dependents in the U.S. This system, called the Student & Exchange Visitor Information System (SEVIS), was implemented in 2003, and created a more efficient mechanism for data transmission between the U.S. Department of Homeland Security (DHS), the U.S. Department of State (DOS), and institutions hosting international students and scholars by using a web-based, real-time interactive database. In addition to data transmission, SEVIS also generates the forms to allow internationals to apply for visas in their home countries – the I-20 form for F-1 students, and the DS-2019 form (formerly called the IAP-66 form) for exchange visitors on J-1 visas. Dartmouth College was certified for SEVIS use in early August, 2002, and has been successfully using SEVIS since then.
The kind of data being collected and transmitted to SEVIS is similar to the information institutions were required to collect in the past, including items such as name, date of birth, citizenship, degree program, projected graduation date, etc. The reporting burdens, however, have changed, and the consequences for failing to comply are serious for both institution and individual. The institution must register the student in SEVIS within a certain amount of time following the arrival of the student or scholar in the U.S. The school must then update the individual's record each and every term for F-1 students, and periodically, for J-1 visitors, in order to allow the student/scholar to maintain valid non-immigrant status while in the U.S. The individual is responsible for informing the College of any change in their personal or academic program information. The Office of Visa & Immigration Services must have timely access to this information, so the immigration advisors can notify DHS, via SEVIS, as required by regulation.
SEVIS is self-funded by a SEVIS fee collected from each student and scholar before the initial visa application. The fee of $100.00 was imposed effective September 1, 2004, and each initial F or J visa applicant must submit a receipt as proof of payment of this fee to the Consulate at the time of visa application. The fee was increased in 2008 to $200.00 for F-1 students, and $180.00 for J-1 exchange visitors.
U.S. Immigration and Customs Enforcement (ICE) is developing the Student & Exchange Visitor Information System II (SEVIS II) as a modernization effort to address limitations in the original SEVIS immigration benefits tracking tool. SEVIS II will be used to track and monitor F/M/J nonimmigrants throughout the duration of approved participation within the U.S. education system or designated exchange visitor program. SEVIS II will also maintain information on the schools, exchange visitor program sponsors, and their representatives.
The Student and Exchange Visitor Program (SEVP), a division of the ICE Office of Investigations, owns SEVIS II. SEVIS II will support the application and admission of foreign nationals who seek to come to the U.S. as students and exchange visitors under F, M, or J classes of admission. SEVIS II will maintain personal information about these foreign nationals and any dependents that come with them to the U.S. In addition, SEVIS II will maintain personal information about officials of approved schools and designated exchange visitor sponsors who host nonimmigrant students and exchange visitors.
SEVIS II will deploy in two phases; the first phase will occur around February of 2010, and the final phase will occur in September 2010. With the full deployment of SEVIS II, ICE will retire the original SEVIS. All necessary data from the original system will be migrated to SEVIS II prior to the deployment of the first phase.
SEVIS II will improve on the existing SEVIS system in several areas. First, SEVIS II will create an entirely paperless process for all activities related to the admission and tracking of F/M/J nonimmigrants. Under SEVIS II, F/M/J nonimmigrants and school and sponsor officials will use digital signatures to sign electronic forms related to the student and exchange visitor process. Government officials will also use SEVIS II--or a system that links to SEVIS II--to electronically document decisions about visa issuance, changes of status, entry into the U.S., and other requests for nonimmigrant benefits (e.g., employment authorization).
Second, SEVIS II will permit F/M/J nonimmigrants to create user accounts and directly access their own information in the system. This feature of SEVIS II will permit F/M/J nonimmigrants to view information about their status, immigration benefits, and payment of SEVP fees. F/M/J nonimmigrants will also be able to view their own information in the system in real time and request that SEVP or the hosting school make a change if it is inaccurate.
Third, SEVIS II will create a new, person-centric recordkeeping system that will unify information about the same F/M/J nonimmigrants that the original SEVIS maintained in multiple records. SEVIS II will unify records about the same individuals by using immigration identification numbers (IINs) assigned to F/M/J nonimmigrants through the activation of SEVIS II accounts. SEVIS II will also link to biometric information for F/M/J nonimmigrants collected by US VISIT. SEVIS II will use this biometric information to maintain the one-person, one-record system; however, SEVIS II will not collect, store, or process actual fingerprints or other biometric information.
Fourth, SEVIS II will generate and display an admissibility indicator for each F/M/J nonimmigrant that will reflect whether they are currently eligible for admission into the U.S. under the terms of their F/M/J class of admission. F/M/J nonimmigrants will be able to view their admissibility indicator in SEVIS II before traveling to the U.S. to confirm that they are eligible to enter the U.S. at that time. To generate the admissibility indicator, SEVIS II will use the information already in the system and a set of business rules to determine if the individual is currently eligible to enter the U.S. as an F/M/J nonimmigrant. SEVIS II will export the admissibility indicator to the U.S. Customs and Border Protection (CBP) Treasury Enforcement Communications System (TECS) to allow CBP officers to view the admissibility indicator when the F/M/J nonimmigrant arrives at the border and requests admission. The CBP officer will use the admissibility indicator to determine if the individual may enter as an F/M/J.
Finally, SEVIS II will indicate whether a nonimmigrant is eligible for employment in the U.S. under the terms of his or her F/M/J class of admission. The U.S. Citizenship and Immigration Services (USCIS) E-Verify system will query SEVIS II in response to a request for an employment authorization. SEVIS II will use information already in the system and a set of business rules to determine if the nonimmigrant is eligible for employment, the maximum allowable length of employment, and (if applicable) the allowable location for employment under the terms of his or her F/M/J admission. This information will be sent to E-Verify. (Source: http://www.ice.gov/sevis/sevisii/overview.htm)
Over the next 12 months, The Office of Visa & Immigration Services at Dartmouth College will be offering SEVIS II educational workshops and training to current international students and scholars, and personalized assistance as needed with the SEVSI II Immigration Account creation. Please monitor our BlitzMail Bulletin "Visa Services" to find out when these sessions will be scheduled.
The Department of Homeland Security has announced new directives on searches of electronic media at U.S. Ports of Entry. See details:
As of July, 14 2009, all Mexican citizens are now required to obtain a visitor's visa in order to travel to Canada. Further information on obtaining a visa for entry into Canada can be found here: http://www.cic.gc.ca/english/visit/apply-how.asp
In most cases, the Canadian Consulate General in New York City has jurisdiction for visa applications for Canada for all citizens currently residing in the northeastern United States, including New Hampshire and Vermont: http://www.canadainternational.gc.ca/new_york/index.aspx?lang=eng.
Please note this new visa requirement for Mexican citizens traveling to Canada is not related to the "automatic revalidation" regulation which permits travel to Canada, Mexico and the Caribbean Islands for visits of less than 30-days, and allows you to re-enter the U.S. with an expired or changed U.S. visa stamp. Further information on "automatic revalidation" can be found here: http://www.dartmouth.edu/~ovis/updates/index.html.
Before applying for the visa, please check the consular website where you intend to apply. Twelve consular posts (some in Mexico and Canada, as well as Dublin, Hamilton, Hong Kong and Tripoli) are now using form DS-160 to automate the visa process.. This web-based form incorporates all of the current NIV forms (DS-156, 157, 158, 156K, 3032, and parts of the E visa application) into one interactive format. DS-160 includes an option for applicants to upload a digital photo. Upon submission of the form, the applicant receives a confirmation page with a one-dimensional barcode; that page allows consular officers to locate an applicant's case. See: http://travel.state.gov/visa/frvi/forms/forms_1342.html
USCIS clarifies restrictions and requirements for companies wishing to file H-1B petitions, but who have also received TARP funding:
See http://www.uscis.gov/files/article/H-1B_TARP_20mar2009.pdf for details:
"Note that this restriction DOES NOT apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer." This means that if an F-1 student is working for a company under optional Practical Training, the company may still file for an H-1B petition for the student, and the student can apply for a change of status from F-1 to H-1B.
E-Verify: Dartmouth College is now an E-Verify Employer. This means that we are able to sponsor certain individuals for an extension of their work authorization. for more information, contact our office, or see the College's website regarding E-Verify information:
Dartmouth employees traveling into the U.S. with a laptop should be aware that U.S. Customs and Border Patrol now has a policy of including laptops in routine or non-routine searches of individuals and their possessions, when deemed necessary.
See the following for more information:
During a teleconference on April 17, 2008 with NAFSA, SEVP and USCIS representatives provided some guidance on the new OPT rule.
Please note: These answers were verbal and are subject to change. SEVP and USCIS iterated plans to provide further written answers to these and other questions submitted, including additional information in the form of DSO Operating Instructions.
Note: If the student has not completed a full academic year, the student may only file the I-765 for pre-completion OPT up to 90 days before the end of the full academic year.
If an I-765 is submitted before the window allowed for that type of OPT, the I-765 will be denied and the fee will not be returned.
The new rule also applies to students who were already within their grace period as of April 8, 2008 (whose program end date was between 02/08/08 and 04/07/08).
Although it is now permitted by regulation, SEVIS is not yet programmed to allow the DSO to update SEVIS with an OPT recommendation during the 60-day grace period. See the NAFSA Practice Advisory Applying for OPT during the 60 Day Grace Period for information on a work-around.
The new rule granting "cap-gap" extensions to F-1 students who applied for a FY 09 H-1B number limits the cap-gap extension to beneficiaries of H-1B petitions who requested change of status. Since the cap-gap rule was published after the FY 09 H-1B filing season opened, however, many beneficiaries had applied for consular notification rather than change of status, following guidance applicable under the prior rule. To address this, USCIS developed a policy that allows the petitioning employer to convert "consular processing" requests to "change of status," so that the beneficiary can benefit from the new cap-gap provision. Employers must make such requests within 30 days of the issuance of the petition receipt notice, by e-mailing the Service Center handling the petition. See the USCIS notice for further details.
USCIS has confirmed that employers may use the same process to convert either pending or approved consular processing petitions to change of status in USCIS Process To Convert Consular Notification Request To Change Of Status for Cap-Gap Eligibles.
The extension for "cap gap" status and work authorization officially commences on the date of filing the H-1B (the date received by USCIS), not the receipt date.
If a student's program end date was before the filing of an H-1B petition on April 1, 2008, but s/he is still within the 60 day grace period as of April 8, 2008, the student's F-1 status would be extended under this provision. However, it is not clear whether the expired work authorization would be revived. USCIS and SEVP are consulting with counsel.
For a student who is the beneficiary of an H-1B petition for a cap exempt (higher education) employer, USCIS will likely not recognize that s/he is eligible for the extension of status & work authorization under the cap gap provision of this rule. The rationale is that a cap exempt employer can choose a start date that matches the end of authorized F-1 status or work authorization. USCIS and SEVP are consulting with counsel.
The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition. However, the student would have a grace period after the termination during which s/he is authorized to remain in the United States for up to 60 days to prepare for departure from US, change degree level, transfer, change status, etc. as long as the student has not otherwise violated status.
USCIS and SEVP are developing a policy regarding documentation that would prove that a student's status and authorization have been extended. Most likely, it will involve a SEVIS data fix with notation on the I-20, e.g. "F-1 status and work authorization extended to (insert date)."
The 17-month extension is only possible one time per lifetime; a student is not eligible to receive an extension more than once, regardless of degree level. The extension can only be granted in one 17 month period; the period cannot be "split" into 2 periods.
Students on "pre-completion" OPT will not be eligible for the extension.
For a student who applied for "pre-completion" OPT after finishing all course requirements but before being conferred the degree, and then continued the OPT after the program end date, SEVP will consider for a limited time allowing a data fix of the program end date so that these students will be considered "post-completion" in SEVIS.
USCIS will determine whether a student's degree is eligible for the STEM extension by ensuring that the CIP code listed on the I-765 and/or the I-20 is one of the fields listed in the DHS STEM list.
When asked to list the degree in item #17 of the Form I-765, the student should list the major as it appears in SEVIS and on the I-20 (i.e. the name associated with the eligible CIP code), not the name used by the institution. Note: the I-20 only lists the primary major. If the STEM major is the student's secondary major: DSO should be handwritten on the I-20 "Secondary major CIP code: (list CIP code), (title of major as it appears in SEVIS)". Student needs to include documentation of the major that relates to the CIP code which qualifies the individual for the extension.
Since the employment must directly relate to the STEM field, it is recommended that the student include a statement from the employer regarding how the employment relates to the STEM field.
The student does not need to provide any documentation that an employer is an E-Verify employer; the only thing required for the I-765 is the employer's E-Verify number and name as listed in E-Verify.
There has been some confusion surrounding a statement in the supplementary information to the rule that "only new hires can be verified in E-Verify once an employer registers with the program." USCIS confirmed that this does not mean that a current OPT employer would have to "fire and re-hire" a student employee, but just that the student would not have to be "verified" again through E-verify, as long as the employer follows the normal I-9 obligations.
A new Form I-765 is now required, and is available on the USCIS Web site at www.uscis.gov/I-765. The prior version of the form will be accepted only through May 8, 2008. The form and instructions have been changed to implement the new OPT regulations.
Changes include:
The eligibility code for an F-1 student seeking optional practical training (OPT) has been changed. The eligibility code (c)(3)(i) will no longer be used and has been replaced with the following three codes: (c)(3)(A) for pre-completion OPT, (c)(3)(B) for post-completion OPT, and (c)(3)(C) for a 17-month STEM OPT extension.
Item 17 asks for information needed to process applications for the 17-month STEM OPT extension, including spaces for the degree conferred and the employer's E-Verify Company or Client Identification Number.
The student should file the I-765 with the USCIS Service Center with jurisdiction over the address where the student currently resides, not where the first I-765 for regular OPT was filed.
A student may apply for the 17-month STEM OPT extension anytime during the regular period of post-completion OPT up to the expiration date of the student's current OPT employment authorization. Students are encouraged to file early so that they receive the new EAD before the end of the regular period of post-completion OPT.
The new I-765 instructions state that a "copy of the degree" must be submitted for applications filed under (c)(3)(C). USCIS clarified that this could include:
A student may change employers during the 17 month extension. However, USCIS and SEVP advise against changing employers while the I-765 is pending, since the I-765 names a specific employer. Note: Students are advised to consult with an attorney regarding the effect of changing to an employer that is not the employer named on the I-765.
The student must report the change in employer to the DSO, and the DSO must update SEVIS accordingly.
Students may NOT be concurrently employed at a non-E-verify employer. While on a 17-month extension, the student is only allowed to be employed by employers who are registered with E-verify.
DSOs will have the same responsibilities toward students with "cap gap" extensions.
SEVP and USCIS are looking into ways to notify a DSO that a student is an intended beneficiary of an H-1B petition and eligible for the "automatic extension."
Under the cap gap extension, the student may work for any employer, including (but not limited to):
Since neither the I-20 nor EAD card will reflect the "automatically extended" status and/or work authorization of F-1 students who are intended beneficiaries of pending H-1B, SEVP and USCIS are looking into documentation to facilitate travel, driver's license renewal, completion of the I-9, and other processes that require proof of status and work authorization. Most likely, SEVP will create a temporary solution with a notation on the student's I-20.
SEVP confirmed that the unemployment provisions of the regulation do not apply to any periods of unemployment before the effective date April 8, 2008. The 90 day "clock" starts on April 8, 2008.
Students should be advised that more than 90 days of unemployment after April 8, 2008 may affect eligibility for future benefits. If the student applies for a benefit and has more than 90 days of unemployment AFTER April 8, 2008, the benefit may be denied because of that unemployment. A student may provide documentation for the adjudicator to consider any extenuating circumstances. Note: SEVP stated that it is not looking to systematically put students out of status who were already on OPT prior to the effective date of April 8, 2008.
Unemployment provisions do not apply to students on pre-completion OPT who are maintaining full-time enrollment and are still pursuing their studies.
SEVP indicated that days of unemployment will be counted from either the start date requested (no later than 60 days after program end date) or the date the employment authorization is adjudicated, whichever is later. SEVP further indicated that ICE may consider tolling the days for those students whose EAD was approved but not received (e.g. lost in the mail). For example, if a student has to re-apply for a duplicate EAD because the first was lost in the mail, ICE may take into account the date the duplicate EAD was issued.
Regarding unpaid employment, SEVP said:
April 8, 2008
The Department of Homeland Security published a new regulation that significantly changes the OPT work benefit allowed to F-1 students in the U.S. While we are still awaiting clarification to the many questions this rule raises, a summary of the changes are listed below. We will be holding an Information / Update session for current students, on Thursday, April 10th, 2008, at 5:30pm in Dartmouth Hall, room 105. Please monitor our "International Immigration" blitz bulletin for details.
There are effectively five parts to the rule:
December 13, 2007
Effective January 1, 2008, the application fee for a U.S. non-immigrant visa will increase from $100 to $131. This increase allows the Department to recover the costs of security and other enhancements to the non-immigrant visa application process. This increase applies both to non-immigrant visas issued on machine-readable foils in passports and to border crossing cards issued to certain applicants in Mexico.
Applicants who paid the prior $100 application fee before January 1 will be processed only if they are scheduled and appear for a visa interview before January 31. Applicants who paid the prior $100 application fee and appear for visa interviews after January 31, 2008 must pay the difference — $31 — before they will be interviewed.
The Department is required by law to attempt to recover the cost of processing non-immigrant visas through the collection of the Machine-Readable Visa application fee. Because of new security-related costs, new information technology systems, and inflation, the $100 Machine-Readable Visa fee is lower than the actual cost of processing non-immigrant visas. In fact, the $100 fee was already lower than the cost of processing non-immigrant visas when the fee was reviewed as a part of the cost of service study in 2004. The Department has been absorbing the additional cost. We are now collecting 10 fingerprints from each applicant, and the cost charged by the FBI to review those fingerprints no longer allows us to do this. The application fee has increased twice since September 11, 2001, the last time in 2002.
December 10, 2007
The Social Security Administration (SSA) updated their Program Operations Manual System (POMS) to provide new guidance on evidence requirements for F-1 and M-1 students applying for a Social Security Number (SSN). Under the new guidance at POMS RM 00203.470 section K.8:
Before November 2007, there was no employment start date restriction on applying for a SSN.
November 1, 2007
Effective November 1, 2007, the Department of Homeland Security (DHS) removed the requirement that certain H and L non-immigrants returning to the United States following a trip abroad while their adjustment of status applications are pending must present an I-485 receipt notice to avoid having such applications deemed abandoned. Showing the I-485 receipt notice is no longer required. Other conditions of admissibility for such non-immigrants remain unchanged. Please contact your Dartmouth College international advisor if you have questions about this.
