Nebraska Service Center Teleconference- Student/Schools Issues Thursday, January 22, 2009

Transcription

1 Nebraska Service Center Teleconference- Student/Schools Issues Thursday, January 22, NSC Staff Updates Processing Times for I Practice Tips for I-765 Applications Differentiating Between Pre- and Post-Completion OPT STEM OPT Extensions CLAIMS3 Database Update and Non-production of Some EADs Address Changes Questions Submitted by Other Participating Associations... 6 NAFSA Note: The Nebraska Service Center no longer provides written answers in advance of liaison teleconferences due to a new internal policy to clear all written guidance through USCIS Service Center Operations. Until written answers are available, NAFSA will post unofficial summaries of NSC verbal responses compiled by NAFSAns on the teleconference as preliminary guidance. However, the answers are subject to change. 1. NSC Staff Updates From a USCIS Press Release in November 2008, we understand that USCIS hired 1,600 new adjudications officers, and an additional 450 other employees, during FY08. How has this impacted NSC, and the I-765 OPT line in particular? Does NSC have any other staff updates? Summary of NSC Verbal Response: Yes, the NSC was given additional hires as part of this process and now has 680 federal employees. Since the I-765 applications are being processed within the timeline provided by the regulations, the additional hires had no impact on the processing of I-765 applications. There are no plans in the immediate future to change the number of staff who handle I-765 OPT applications. 2. Processing Times for I-765 USCIS states that the processing times on the USCIS Processing Times Web site [ are only updated monthly and relate to the target timeframe for a particular form. The processing time listed on the USCIS web site is either: The target timeframe, if applications and petitions are being completed within the target timeframe (for example, the target processing time for I-765 is 3 months) or A date, if USCIS is not meeting the target timeframes

2 If a Service Center is actually processing in less than the target timeframe, the web site will still only reflect the target timeframe, not the actual processing timeframe. Even taking this into account, it seems the listed processing times are often not accurate. In addition, while the different categories of I-765 are broken out on the USCIS web site, many or all often have the same date (usually the target date). DSOs need accurate dates to advise students regarding enrollment and travel plans, and NCSC relies on the processing times listed on the USCIS web site to determine whether an application/petition is outside normal processing times. Questions: a. Is there a reason for the inconsistency between the USCIS web site and times reported by NSC? Summary of NSC Verbal Response: The NSC sends the information on processing times to HQ every month for HQ to post on the USCIS Processing Times website. It appears HQ is not updating their website monthly. NSC will try to track down why this isn t being updated monthly as NSC is updating the dates monthly. HQ has a policy that it will only list specific dates if the Service Center is currently outside normal processing time, so the dates would not reflect whether a Service Center is processing in less time the target timeframe. NAFSA note: At the time of this call, the USCIS Processing Times online reflected the processing times as of September In late January, USCIS updated the web site to reflect processing times as of November 30, b. Do NSC reports to HQ distinguish between the different categories of a particular line? Summary of NSC Verbal Response: The NSC does different categories of I-765 applications, but all the student applications [pre-completion, post-completion, STEM, economic hardship] are in one category in terms of reporting processing timeframes. c. Can NSC please provide an update on the actual processing times for: I-765 for pre- or post-completion OPT I-765 STEM OPT Extensions Summary of NSC Verbal Response: All types of OPT applications are in the same queue with a processing time that currently takes days to go through the work distribution. As of Monday January 19, 2009, the oldest receipt date in the current work distribution list is 12/15/2008. Practical Training 3. Practice Tips for I-765 Applications Does NSC have any practice tips for I-765 Applications? Are there any common mistakes that advisers can address by educating applicants? Summary of NSC Verbal Response: The most common mistakes with I-765 applications for OPT are: 1. The SEVIS I-20 is not being properly signed by the DSO and/or student. 2. No documentation is provided for previous CPT.

3 3. Incorrect address in part 1 of the I-765 Note: The NSC has had trouble with undeliverable mailings (RFE, EAD) as the address in part 1 of the I-765 is no longer accurate. NSC recommends that the DSO verifies that the address is correct when submitting the I-765. NAFSA note: during the August 2008 SEVIS Tech & Policy call, SEVP and USCIS SCOPS stated that they would no longer require the signature on p. 3, but the official minutes from this call are still pending, and it appears that the guidance has not been passed on to Service Centers. NAFSA will follow up with SEVP and USCIS SCOPS. 4. Differentiating Between Pre- and Post-Completion OPT a. Does NSC have any tips on differentiating between pre- and post-completion OPT applications (e.g. noting in the I-20 remarks)? Summary of NSC Verbal Response: Noting pre- or post- completion in the OPT remarks field is best. b. If the requested category on the I-765 is inconsistent from the SEVIS program end dates (e.g. if the end date on the I-20 is 2 years in the future, but the applicant has requested post-completion OPT on the form), can the adjudicator amend the form to match the SEVIS program end date? Summary of NSC Verbal Response: This is typically handled with a RFE since the endorsed I-20 shows an end date that is too far in the future. NSC will request a new endorsed I-20 with the correct completion date and will request confirmation that the student was truly requesting post-completion OPT because of the discrepancy between the completion date and request for post-completion OPT. 5. STEM OPT Extensions a. How many I-765 for STEM OPT extensions did NSC receive in 2008? Summary of NSC Verbal Response: NSC has received 1,056 STEM OPT applications, of which: o 680 were approved o 190 were denied, usually because the application filed after initial OPT has expired, or E-verify number doesn t match system o 186 are still pending b. How long are processing times for STEM OPT extensions on average? Summary of NSC Verbal Response: ~45 days c. Does the NSC have any advice for assembling the I-765 package for STEm OPT extensions? Summary of NSC Response (NSC provided the following in writing): 1. Be sure the student files before their standard post-completion OPT expires. Anything filed after the expiration cannot be approved.

4 i. NAFSA Note: anything filed after will be denied (and USCIS will keep the fee) 2. Student must have completed all requirements for the degree 3. On I-765, item #17, list the numerical CIP Code for the student s degree, the employer s name as listed in E-Verify, and the E-Verify identification number. Do not list the tax ID number. The E-Verify number is 5 or 6 digits. 4. Include a copy of their present Employment Authorization Card 5. Include a copy of their Form I-94, Arrival/Departure 6. Include a copy of their SEVIS I-20 which has been endorsed within the past 30 days by the Designated School official on page 1 and 3, and the student on page i. NAFSA Note: during the August 2008 SEVIS Tech & Policy call, SEVP and USCIS SCOPS stated that they would no longer require the signature on p. 3, but the official minutes from this call are still pending, and it appears that the guidance has not been passed on to Service Centers. NAFSA will follow up with SEVP and USCIS SCOPS. 7. Submit proof of the completion of studies (certificate). i. NAFSA Note: Proof of completion of studies can be a letter of certification, or a letter from the DSO. 8. Make sure the start date listed on the OPT recommendation is the day immediately after the current OPT ends and that the end date is exactly 17 consecutive months later 9. Use the correct endorsement code for STEM: (C)(3)(c) on Line #16 CLAIMS Database 6. CLAIMS3 Database Update and Non-production of Some EADs We understand that a CLAIMS database update in September 2008 affected a number of fields in CLAIMS, including SEVIS number, Country of Birth, and Date of Birth. A lack of information in the Country of Birth or Date of Birth fields may affect whether an EAD card is produced after adjudication. In the fall, NSC reported that it was working to update these records, and to proactively confirm in new cases that these fields are populated. Can NSC confirm that the issue in CLAIMS has now been resolved, and the EADs for those cases affected by the update have been produced and mailed? Summary of NSC Verbal Response: All CLAIMS issues have been fixed and cases affected should have been adjudicated, except possibly for cases with an RFE. There are ongoing sweeps to locate cases where the cards were not produced because of missing data. 7. Address Changes We understand that NSC prefers that DSOs notify them when a student s address has changed through the nsc.schools in addition to, or instead of, calling the NCSC or filing a paper or electronic AR-11. Can NSC clarify:

5 a. What is the best way for a student with an I-765 pending at NSC to change his/her address? Summary of NSC Verbal Response: It is best to instruct students to file an online AR- 11 and for the DSO to notify NSC through the nsc.schools address. NAFSA Note: Per the USCIS web site, USCIS advises that mailing a Form AR-11 does not automatically change the address in CLAIMS for a pending case at a Service Center. Therefore, USCIS advises that individuals with pending cases at Service Centers do one of the following steps in addition to, or instead of, mailing a Form AR-11: 1. File a Change of Address online [available at or 2. Call our National Customer Service Center at (800) For a Student I-765 pending at NSC, the DSO should also send an to nsc.schools@dhs.gov. b. Does filing a paper or electronic AR-11 suffice to change address throughout the CIS systems? Summary of NSC Verbal Response: Yes, an AR-11 should change the address for each application currently pending at the NSC. Since mailing the Form AR-11 requires additional time, NSC recommends submitting the AR-11 online. For pending I-765, NSC also recommends sending an to nsc.schools@dhs.gov to notify the I-765 adjudicators. c. How quickly can an address change be effected by filing a paper or electronic AR-11? Summary of NSC Verbal Response: An address change is typically made within 5 days of receipt by NSC. NAFSA Note: Per NSC, requesting an address change by calling the National Customer Service Center would not likely reduce the time..if an individual calls the NCSC to submit an address change, the NCSC does not automatically update the CLAIMS system for each pending application, but sends the request to NSC via the Service Request Management Tool (SRMT) for NSC to make the address change in CLAIMS as if it were an AR-11. SRMT requests can take up to 5 days to resolve. d. Do Adjudicators look at changes of address noted in the AR-11 online system? Summary of NSC Verbal Response: No. The adjudicator will only look at the AR-11 system if there is a discrepancy between the address in CLAIMS and the address on the I-765. For this reason, NSC recommends that the DSO also send an regarding any address change for pending I-765 to nsc.schools@dhs.gov. e. By what point in processing do they have to change address in order to receive their card in time? Summary of NSC Verbal Response: There is no exact answer since processing time are constantly changing. The NSC recommends submitting any address change within 30 days of the receipt of the I-765 by the NSC.

6 8. Questions Submitted by Other Participating Associations 1. At a Government Q&A Panel at a NAFSA Region X Conference several years ago, a USCIS representative stated that an F-2 could not begin studies as an F-1 until a change of status has been approved. 8 CFR 248(1)(c)(3) appears to be the only regulation section which specifically addresses school attendance while a change of status application is pending (in the B-2 to F-1 context). 8 CFR 214.2(f)(15)(ii) states that an F-2 may not engage in full time study. The interpretation that study cannot begin prior to the positive adjudication of a change of status application appears to be a confusion of these two regulations. (If an F-2 s studies could only begin upon adjudication, this restriction, would, assumedly, have been so stated in 248.) Please clarify this issue. Summary of NSC Verbal Response: This is an HQ issue, not an NSC (or even other Service Center) issue. NAFSA note: This question was submitted by a non-nafsa participant on the call; this level of policy question is more appropriate for USCIS SCOPS (HQ), or SEVP who have authority over the student regulations now anyway. The regulations are pretty clear that the F-2 can t start study, other than avocational or recreational study allowed under 8 CFR 214.2(f)(15)(ii)(A), until the COS is approved. Per 8 CFR 214.2(f)(15)(ii)(B): (B) An F-2 spouse or F-2 child desiring to engage in full time study, other than that allowed for a child in paragraph (f)(15)(ii)(a) of this section, must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status. 2. Under the April 4, 2008 rule, Extending Period of Optional Practical Training by 17 Months for F 1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F 1 Students With Pending H 1B Petitions, a student on OPT must not have an aggregate of more than 90 days of unemployment while using their initial post-completion EAD [see 8 CFR (f)(10)(ii)(e)]. Assume a student fails to find employment within 90 days of securing their EAD for post-completion OPT. Would the 60 day grace period normally allowed to F-1 students to leave the United States start at the 91th day? Summary of NSC Verbal Response: No, a student does not have a 60 day grace period if the student accumulates 90 days of unemployment during their 12 months of OPT. On the 91 st day of unemployment, the student is considered out-of-status and needs to leave the country. However, if the student has not accumulated 90/120 days of unemployment by the end of the OPT period, the student would still be eligible to remain in the U.S. for the 60 day grace period. NAFSA note: SEVP s OPT Policy Guidance is pretty clear; if there has been a determination of 90 days unemployment which results in a failure to maintain status, there is no grace period. During the December 2008 SEVP Stakeholders Call, SEVP indicated that a student is eligible for the 60 days grace period if the student has not gone over the 90 days of

7 unemployment. For example, if a student reaches the maximum aggregate period of unemployment on the last day of OPT, the student has not exceeded the limit and is entitled to the departure preparation grace period. SEVP also indicated that it would consider whether a DSO may complete the SEVIS record of a student would go over 90 days of unemployment so as to allow for the 60 day grace period.