CSC-NAFSA Liaison Meeting September 3, Staffing and Resources Total employees- approximately 1300 o Federal employees- approx 700

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1 CSC-NAFSA Liaisn Meeting September 3, 2008 Califrnia Service Center NAFSA Liaisn Meeting Wednesday, September 3, Backgrund infrmatin n CSC Prcessing Staffing and Resurces Using the Natinal Custmer Service Center (NCSC) I-129 H-1B Cap Subject I-129 H-1B Cap Exempt I-129 O I-539 Change f Status I-539 Reinstatements I-765 Students New Frm I-765 (versin date 5/27/2008) Cancelling/Withdrawing OPT... 7 Appendix A: Attendees Appendix B: Written Answers t Pre-Submitted Questins General Backgrund n CSC 1. Backgrund infrmatin n CSC Prcessing Each week, CSC receives 180,000 pieces f mail, and sends ut 260,000+ t applicants, petitiners, and archives Once a case has been adjudicated, the file is sent t be archived at: Harrisnburg Natinal Recrds Center Once received, mail ges t the srting rm t be pened by the mailrm cntractrs. While each frm type shuld have been mailed t a specific P.O. Bx, cntractrs ensure that the case type matches and stamps the petitin/applicatin with the received date, which determines the pririty date. Once srted, the files are sent t Data Entry, which is dne by anther cntractr. The cntractr separates the fee, creates a new file with barcded label, assigns a receipt number and initiates the mailing f a receipt ntice. Once receipted, the files are transferred t the individual adjudicating fficers/team respnsible fr the prduct line. If awaiting sme ther type f reslutin (pending 612(e) waiver, visa numbers aren t available, etc), the file is returned t the file rm, which nrmally hlds 1.5 millin recrds. CSC takes in apprx. $1.5 millin in receipts per day, $40-50millin/mnth. 2. Staffing and Resurces Ttal emplyees- apprximately 1300 Federal emplyees- apprx 700

2 Nte: CSC is currently in the prcess f hiring 200 additinal emplyees. Cntractrs (mailrm, data entry)- apprx. 600 CSC shifts staff t accmmdate fluctuating wrklads and maintain prcessing time gals. With all cap exempt H-1B I-129s nw at CSC, sme f the I-765 student staff were re-trained t adjudicate cap exempt I-129s. T keep student I-765 prcessing within 90 days, sme f the Divisin XII (Custmer Service) Adjudicatrs have been trained t adjudicate student I- 765s. Divisin II has 63 emplyees in 7 teams that handle the Nn-Premium Prcessing Prduct Lines: I-102 I-129 Cap Subject I-129 Cap Exempt I-526 I-539 I-765 Student I-829 SCOPS has sent a draft versin f the revised student sectin f the Adjudicatrs Field Manual fr use by Service Centers. 3. Using the Natinal Custmer Service Center (NCSC) NCSC prcess and relatinship with CSC Petitiner/Applicant requests referral r expedites thrugh NCSC Tier 1 NCSC Tier 1 creates a Service Request Management Tl (SMRT), a type f electrnic referral like an , that is frwarded t Divisin XII f CSC fr reslutins. Once CSC Div. XII receives the SMRT, Div. XII reviews the request, cntacts the requester t submit additinal dcumentatin if needed, and determines whether referral r expedite is apprpriate. If the expedite request r crrectin request is apprved, Div. XII will lcate the file (based n the barcde). If Div. XII has an adjudicating fficer trained t adjudicate that type f petitin/applicatin, the Div. XII adjudicatr will g ahead and adjudicate the petitin. If Div. XII des nt have an adjudicating fficer available, the file is transferred t the apprpriate team that can adjudicate the file. Nte: Tier 2 are actually infrmatin fficers lcated at CSC. Issues with NCSC reprted at meeting: Inaccurate infrmatin frm NCSC fficers: Student tld by NCSC fficer that she needed t submit bimetrics, even thugh bimetrics are nt required fr Student I-765. NAFSA has previusly reprted this t USCIS, and had been tld that the NCSC scripts wuld be updated t reflect the accurate infrmatin. NAFSA will fllw up with SCOPS and/r Office f Cmmunicatins. Difficulty in btaining reslutin

3 One schl reprted that it had t make 5 calls regarding a name spelling crrectin n an H-1B apprval ntice Aytes mem nted that the NCSC is inapprpriate fr high-level immigratin issues. Attrney representatives (with a G-28 n file) get the benefit f a direct line with Div. XII, but unrepresented emplyers cannt inquire with Div. XII. Updates frm Divisin II (Nn-Premium Prcessing Prduct Lines) 4. I-129 H-1B Cap Subject Every case has had sme type f actin, and the majrity have been adjudicated. The remaining are currently awaiting RFE r NOID respnses. CSC expects t have all cases adjudicated by the target date f 9/30/ I-129 H-1B Cap Exempt T Request Expedited Prcessing f an H-1B I-129 Nt-fr-prfit emplyer petitiners may request expedite if the situatin meets 1/7 criteria. See Emplyer Infrmatin Bulletin (105KB PDF) If the situatin des nt meet ne f the seven criteria, the nly ther ptin is t file fr Premium Prcessing. Nte: This is a benefit available nly t cap-exempt H-1Bs. All I-129 frm fr-prfit emplyers are nt allwed t expedite petitins; the nly means t expedite is t pay the $1000 t request Premium Prcessing. Fr inquiries: Petitiner/emplyer and beneficiary emplyee may nly make inquiries thrugh the Natinal Custmer Service Center ( ). Schls may NOT inquire re: I-129 thrugh the csc.schls@dhs.gv address. CSC made the decisin t defer I-129 inquiries t the NCSC s that the NAFSA liaisns culd fcus n student issues (I-539 and I-765). If the issue is nt reslved thrugh the NCSC referral within 30 days, the petitiner emplyer may request case assistance frm their Regin s Regulatry Ombudspersn thrugh NAFSA s IssueNet: Get Liaisn Help [ The Reg Ombud will frward the case t the CSC Liaisn Reg Ombud fr mnthly liaisn with CSC. Nte: IssueNet requires a lg-in but is pen t anyne in the field (NAFSA membership is nt required). Questins frm meeting: Emplyment matrices are ften created by HR/Institutin regarding specific psitins re: categry (staff, faculty, etc) and salary level. Hwever, these are usually created withut regard t the H-1B prcess. Often a jb descriptin frm central HR is very generalized, e.g. requires bachelrs, but des nt specify a specific degree field. CSC sends RFEs t specify the degree field CSC (Verbal) Respnse: The adjudicating fficer needs mre than just a title and general descriptin. The adjudicatr may RFE regarding the actual jb duties fr the psitin, that the prffered psitin is supprted by a descriptin f duties, and the required degree is in line with the psitin.

4 Practice tip: Since there are 4 criteria t qualify fr H-1B, an emplyer may want t lk at different methds f qualifying, e.g. t demnstrate standard in hiring, shw that the last 10 hires in this psitin had a bachelrs in accunting. In past, CSC nly required a diplma frm the U.S. institutin t demnstrate degree. Recently, ne institutin has received RFEs t submit detailed transcripts utlining specific curses taken. CSC (Verbal) Respnse: Situatins vary, but RFEs may be because the diplma nly reflects a general degree but nt a specific degree required fr psitin (e.g. MBA with an IT area f emphasis). Fr Change f status frm F t H-1B, what is the benefit start date: the date f adjudicatin r the requested start date n the I-20? CSC (Verbal) Respnse: If the requested start date has already passed, CSC will use the date f adjudicatin as the benefit start date. If the requested start date is in the future, CSC will cnsider using the requested start date as the benefit start date if: requested the individual will maintain status thrugh the date requested. Nte: As f the benefit start date, any benefits under the prir status cease t exist (e.g. F-1 OPT must end, F-2 emplyment must end etc). In cntrast, fr a change f emplyer under H-1, the benefit start date is always the date f adjudicatin. If there is a break between the validity f the prir H-1B authrizatin and the new emplyer authrizatin, wuld this affect future petitins/applicatins fr immigratin benefits? CSC (Verbal) Respnse: fr change f emplyer, the benefit start date is always the date f adjudicatin. Under the prt prvisins, the beneficiary may begin wrk at the new emplyer as f the date the I- 129 is filed if: timely filed befre previus status expires wrk fr new emplyer petitin eventually apprved Even if the fficial benefit start date (date f adjudicatin) ccurs after the end f the prir H-1B authrizatin, the beneficiary is still in status and the break in authrizatin shuld nt affect future benefits. I-485 adjudicatrs are well-versed in prt and the pssible break in dates between validity dates fr change f emplyers. Fr a change f status frm J t H-1B, must the adjudicatr wait fr 612(e) waiver t be adjudicated at VSC? CSC (Verbal) Respnse: Yes. In practice: Emplyer shuld send a cpy f the DOS recmmendatin with the filed I-129. The CSC adjudicatr will check CLAIMS regarding the status f the I-601. If VSC has apprved, CSC can adjudicate the change f status. If the 601 is nt in CLAIMS as pending, it may mean that the State Dept. has nt frwarded their recmmendatin t VSC yet t enter int CLAIM.

5 CSC will send an RFE t the attrney/petitiner requesting them t fllw up with DOS abut the status f the DOS recmmendatin, CSC des nt have jurisdictin t create 612(e) files- the burden is n the petitiner t fllw up with DOS and/r VSC. If the 601 is pending in CLAIMS, CSC adjudicatr will call/ VSC. If DOS mistakenly put subject t 212(e) n the visa, CSC cannt make an independent determinatin. CSC will RFE the petitiner t btain an advisry pinin frm DOS that the beneficiary is nt subject. If CBP mistakenly marks the DS-2019 as subject t 212(e), USCIS des have jurisdictin t make an independent determinatin since the mistake was made by a bureau within DHS. Hw can a petitiner fllw up with CSC abut an errr in adjudicatin? CSC (Verbal) Respnse: mst are actually a difference in interpretatin, but nt necessarily Service Center errr, especially thse issues related t validity dates under AC21 (unavailability f visas). Nte: Adjudicatrs are trying t make the best decisin pssible under vague law and plicy mems (there are n implementing regulatins). There are a number f scenaris nt cvered by the current law/mems. In the situatin where yur interpretatin differs, the best remedy is t file a mtin Fr ther errrs, e.g. transpsed letter/dates during data entry, 1 day validity dates, etc., the petitiner can request a referral thrugh NCSC. 6. I-129 O 6 schls present wh file I-129 fr O-1 (Salk, USC, etc.) Questins frm meeting: Fr an I-129 fr an O-1, is a new research prject at the same institutin cnsidered a new event fr the purpse f granting a 3 year, rather than 1 year, extensin? CSC (Verbal) Respnse: CSC stated that if it is the same emplyer, it is prbably nt cnsidered a new event. The beneficiary always has the ptin t leave the U.S. and re-enter t btain a 3 year extensin. Divisin II will fllw up with the Premium Prcessing ACD t cnfirm. 7. I-539 Change f Status Questins frm meeting: Fr Change f status frm F t J, what is the benefit start date: the date f adjudicatin r the requested start date n the DS-2019? CSC (Verbal) Respnse: If the requested start date has already passed, CSC will use the date f adjudicatin as the benefit start date. If the requested start date is in the future, CSC will cnsider using the requested start date as the benefit start date if: requested the individual will maintain status thrugh the date requested.

6 Nte: As f the benefit start date, any benefits under the prir status cease t exist (e.g. F-1 OPT must end, F-2 emplyment must end etc). 8. I-539 Reinstatements Almst within 90 day prcessing times T request expedited prcessing fr I-539 Student may request expedite thrugh NCSC ( ) DSO may request thrugh csc.schls@dhs.gv r by fax Nte: the /fax are nt intended fr student/public use; DSOs shuld nt share the r fax with students. 9. I-765 Students Prcessing times- prcessing in just ver 90 days, but will be current within next 2 weeks Nte: Divisin XII is assisting Div. II in catching up. All I-765 are prcessed in first in first ut rder unless the student applicant r DSO requests an expedite based n a pending jb ffer r an applicatin that has been pending mre than 90 days. If an I-765 has been pending mre than 90 days: Student may request expedite thrugh NCSC NCSC will refer the expedite request t CSC Divisin XII, wh will pull the file and wrk the case DSO may request expedite thrugh csc.studentead@dhs.gv r fax Nte: the /fax are nt intended fr student/public use; DSOs shuld nt share the r fax with students. Once adjudicated, the EAD cards are actually prduced and mailed frm anther facility within 7 days. T request expedite based n a pending jb ffer with urgent start date, send a letter frm the emplyer n the emplyer s letterhead. Nte: requesting expedited prcessing uses extra resurces. Each expedite request must be reviewed and recmmended by the adjudicating fficer, and reviewed by bth the supervisr and the Assistant Center Directr. Endrsing the I-20 fr an OPT recmmendatin Per recent guidance frm Service Center Operatins, the DSO endrsement n p. 1 f the I-20 is sufficient fr the purpses f recmmending OPT. Unlike the prir practice f requiring DSOs t sign bth p.1 and p.3 f the I-20, DSOs are n lnger required t sign p. 3 f the I-20 since there is n apprpriate bx in which t sign (there is nly a signature bx fr travel endrsement). Nte: the date n p.1 must be within 30 days f filing with CSC. Per the new regulatins, the I-765 must be filed within 30 days f the recmmendatin in SEVIS, which shuld match the date that prints n p.1 f the I-20. CSC will nw autmatically assign a start date that is the later f: the date requested r the date f adjudicatin. The end date will be: (default) 12 mnths frm the assigned start date if the date falls within the allwed 14 mnth perid fllwing the prgram end date,

7 14 mnths frm the prgram end date, r the date requested (e.g. if a student wants t split OPT between 2 perids) Nte: DSOs are n lnger required t include the language requesting the maximum f 12 mnths within the 14 mnth perid fllwing prgram end date. 10. New Frm I-765 (versin date 5/27/2008) The new versin includes the fllwing new fields: Whether the applicant is requesting pre-cmpletin, pst- cmpletin r STEM OPT If STEM, the frm als requires STEM Emplyer and E-Verify infrmatin USCIS set the last date t accept prir versins as, but CSC had a grace perid allwing until 8/31/08. Frm nw n, applicatins using prir I-765 frms will be rejected. Practice tips: Always use the mst current frm available n the USCIS web site. Check the revisin date n the I-765 frm yu are using t make sure that it is the mst current frm. E-filing I-765 Since the new frm was updated (revisin date 5/27/2008), I-765 may n lnger be e- filed. CSC des nt knw when e-filing will be available again, but it will require updating the e-filing system with the new fields n the I-765. Other cmmn errrs: Signature exceeds space allwed in signature bx Phts t large/dn t meet specificatins 11. Cancelling/Withdrawing OPT If a DSO has recmmended in SEVIS but the I-765 has NOT been submitted t CSC: the DSO nly needs t cancel the recmmendatin if SEVIS. If a DSO has recmmended in SEVIS AND the I-765 has been submitted t CSC: the student must request that the applicatin be withdrawn frm cnsideratin in writing and with the student s signature t CSC (the written request may be faxed t CSC by the DSO at ( ). Nte: Cancellatin in SEVIS has n effect n a pending applicatin at a Service Center. Only an applicant may withdraw an applicatin; fficially a DSO may nt withdraw an applicatin, althugh s/he may assist the student in withdrawing (e.g. faxing the student s request t withdraw). The DSO may als want t send an t CSC.STUDENTEAD@dhs.gv as a curtesy, but this, in and f itself, is nt enugh t withdraw an I-765. NAFSA nte: SEVP has advised that DSOs shuld NOT cancel the recmmendatin in SEVIS in this situatin. SEVP may terminate requests that remain in requested status mre than 180 days. If the student mves after filing the I-765: If staying within CSC jurisdictin: list the new address in Line 3 as c/ address and list current address in ther names used.

8 If mving ut f CSC jurisdictin: use the current address, and then submit a change f address after filing. Nte: DSOs may want t cnfirm the address change thrugh the CSC t ensure the EAD is mailed t the apprpriate address. Jurisdictin is based upn the student s residence upn filing, nt upn adjudicatin, s the student s mve ut f CSC s jurisdictin gegraphic area will nt affect the jurisdictin fr an I-765 filed befre mving. The EAD is mailed t the address listed n the I-765 unless a change f address has been requested. Adjudicating fficers d NOT lk at changes f address nted in the AR-11 nline system nr SEVIS.

9 Appendix: NAFSA Attendee Rster CSC Staff 1 Kurt Gselaw Assistant Center Directr Divisin II (Nn-Premium Prcessing I-102, I-129, I- 539, I-765 Student) 2 Lry Trres Supervisr- I-765 Student Line Divisin II 3 Shaun Taylr Supervisr (back-up fr I-765 Divisin II Student Line) 4 Jesk Chi Adjudicatin Officer- I-765 Student Line, NAFSA Liaisn Officer Divisin II 5 Teresita Hernand Adjudicatin Officer- I-765 Student Line, NAFSA Liaisn Officer (manages bth accunts) Divisin II 6 Mary Owens Supervisr Divisin XII (Custmer Service) NAFSA Regulatry Liaisns 1 SNYDER, Kirsten Assc. Directr, Regulatry Liaisn 2 GILMAN, Cheryl Regin XII 3 MITCHELL, Judy Regin XII 4 BROWN, Rhnda Regin Peirce VII Emplyment-Based Students Emplyment-Based NAFSA, Department f Prfessinal Practice University f Suthern Califrnia Cal Ply Pmna East Carlina University 6 LANCE, Ann Regin IV Emplyment-Based The May Clinic NAFSA Members (nt cnfirmed) 8 ANDRADE, Danny Emplyment-Based Salk Institute 9 BOLOR, Susie Emplyment-Based Burnham Institute 10 BROADHURST, Dug Emplyment-Based Scripps Institute 11 CAHILL, Ed Students, Pepperdine University Emplyment-Based 12 DOCKERY, Suzan Emplyment-Based UC Riverside 13 DORADO, Dulce Students UC San Dieg 14 ELDRIDGE- Students UC Riverside KINOSAWA, Kelly 15 FONTAINE, Yvette Student, Schlar U. f San Dieg 16 GREEN, Adam Students, Attrney Emplyment-Based 17 HOFFMAN, Hrst Emplyment-Based UC San Dieg 18 HOLLINGSHEAD, Students, UC Berkeley

10 Sk Emplyment-Based 19 HOTTA, Jean Students Cal State Fullertn 20 LEE, Esther Students University f Suthern Califrnia 21 LIN, Chia Len Students U. f San Dieg 22 MIN, Chng Hee Students Mt. San Antni Cllege 23 NGUYEN, Anh Students Glendale Cmmunity Cllege 24 NGUYEN, Tina Students UC Ls Angeles 25 OBERLIES, Gayle Emplyment-Based UC Davis 26 SMITH, Dan Emplyment-Based Califrnia Institute f Technlgy 27 TRAN, Karen Students, Emplyment-Based Castline Cmmunity Cllege 28 WILLIAMS, Ine Emplyment-Based Cal State Lng Beach 29 YODER, Daniel Students Cal State Lng Beach

11 CSC-NAFSA Liaisn Meeting, September 3, 2008 Answers t Pre-Submitted Questins frm NAFSA Members H-1B General 1) BACKGROUND: NAFSA membership reprts many general minr prblems with H-1B prcessing service errrs n apprval ntices, changed/shrtened dates, etc. When there was a designated liaisn fr these issues, members fund it easier t get minr errrs crrected. Furthermre, we presume it was easier fr the CSC as well. a. Is there any pssibility that the CSC will cnsider reinstating a direct liaisn fr H-1B issues fr NAFSA members? Nt at this time. Hwever, we are pen t yur cmments n the prcess and hw we can imprve it. b. When members call the NCSC, it just desn t seem that the representatives understand the prcesses r issues; nt just n ur members side but als in regard t what the service centers d and hw they d it. Is there any way the service centers culd significantly cntribute t develping the NCSC scripts t better crdinate custmer service effrts? Currently scripts fr NAFSA related issues are develped in partnership with Service Center Operatins and the Infrmatin and Custmer Service Divisin; it is recmmended that if a respnse appears cnfusing that the caller request t be transferred t an Immigratin Officer at Tier II. Further, it is suggested that apparent errrs be clearly dcumented (name f wh yu spke with, date and time f call and the phne number called frm.) All calls t the 800# are recrded, and all calls can be reviewed fr accuracy. It is suggested that yu send these issues, timely, with all identifying data t the CSC liaisn/representative, and this will be frwarded t ur cntacts within the NCSC fr review. c. When members try t get assistance thrugh the NCSC t crrect a service errr, but what they are asked t d just desn t make sense, shuld they g ahead and re-file, r file Frm I-824? The decisin may nt be a service errr and the petitiner may always elect t file an MTR. 2) BACKGROUND: Members reprt that despite indicating the duplicate petitin with clred paper, etc., their emplyees cntinue t experience delays in visa prcessing at Cnsulates due t delays in PIMS prcessing. a. Culd we get clarificatin regarding the CSC s rle in transferring infrmatin n apprved petitins t the KCC fr entry int the PIMS system? Duplicate cpies are sent t KCC. KCC may cntact CSC if there are issues. b. Smetimes it seems that the duplicate petitin may have been verlked. Are there any preferred clrs f paper t indicate the duplicate s that it wn t be missed?

12 The petitiner may submit the duplicate with any clr, but yellw r gldenrd seem t be the preferred methd f chice. c. In regard t O-1 petitins, which can invlve hundreds f pages, is it necessary t prvide all exhibits in duplicate, r will the I-129 and supprting immigratin dcs suffice? The current prcess is t submit a cmplete duplicate package. 3) Regarding degree evaluatins: Des the CSC take the psitin that independent third-party freign degree equivalency evaluatins must be submitted where applicable t the petitin? a. If the requesting emplyer is an institutin f higher educatin, it is therefre qualified t make a determinatin n the individual s academic qualificatins. Indeed, ften third party evaluatrs enlist their expertise. Must they still submit the evaluatin? Yes. b. Other service centers have taken the psitin that the regulatins leave it up t them t decide whether a degree is acceptable fr these purpses, and s perfrm their wn research nline. Des the CSC als research degrees nline? Officers can research nline; hwever, the USCIS requires a freign degree equivalency evaluatin t be submitted. 4) Regarding signatries: Recently an institutin s authrized signatry reprted that upn calling the NCSC she was tld that they wuldn t discuss a pending I-129 with her because her name wasn t listed in Part 1 f the frm. That particular institutin des nt list a name in Part 1, but simply states their ffice s address infrmatin. a. Once upn a time, the CSC kept lists f authrized signatries fr each institutin. Culd this practice be reinstated? N. We will use the electrnic infrmatin that is data entered at receipt. This is nt the nly institutin that fills ut Part 1 f the I-129 in this manner. Is there sme way t train the NCSC n this issue? This questin shuld be addressed t HQ. H-1B Premium Prcessing 1) NAFSA members reprt Premium Prcessing H-1B petitins that are stuck in security checks fr mnths. They are wndering: Will the $1000 fee be returned t them? Premium service is prvided n all cases filed with an I-907 and a premium prcessing fee, regardless f whether the petitin is adjudicated within 15 days. Upn the adjudicatin f the petitin, an assessment is made f whether the prcessing time has been met and whether a refund is warranted. 2) We are bserving erratic timing regarding Premium Prcessing receipts and apprvals and s. Members reprt receiving snail mailed receipts befre receiving ed receipts, etc. Des the CSC have specific prtcls regarding crdinatin f the Premium Prcessing ntificatins and mailed dcuments? The ntificatin is an autmated respnse t data entry f a premium prcessing case. There is n manual interventin f the ntificatin system that culd delay the ntices being sent. There have been n reprts f a system malfunctin with the APPLES ntificatin system.

13 Please prvide specific case examples f late received acknwledgements s that we may ntify ur ffice f Infrmatin Technlgy. J-1 Applicatins 1) When changing status frm F-1 t J-1: a. Is there a prcedure fr prcessing status inquiries? Inquiries may be sent via the student mailbx. (See handut) b. Can we ask fr expedited services? Expedited service wuld have t meet ne f the criteria in the Nvember 2001 expedite mem. 2) When a J-2 dependent applies fr an EAD, hw des the CSC determine the perid f validity? Des the CSC grant ne year r multiple years (crrespnding t the validity f the DS-2019)? The validity will be granted fr the length f the J-1 prgram nt t exceed 4 years. F-1 OPT 1) BACKGROUND: While regulatins require I-765 adjudicatin within 90 days, we are seeing numerus cases where the CSC is taking lnger. This causes ur students anxiety and presents difficulties t their OPT emplyers, wh plan arund a prjected start date. a. Once the I-765 is apprved, hw lng des it take t fabricate the card? EAD s are prcessed in a remte facility. We have been advised that it shuld be within 7 days f apprval. b. Des the CSC have any prcesses n place t ensure that the I-765 is adjudicated within the 90 day timeframe (e.g. weekly reprts, staffing adjustments, etc.)? We mnitr ur prcessing times weekly. c. Des the CSC autmatically expedite any request pending ver 90 days, r des the service wait fr the student/dso t request an expedite? N, the student may request an expedite. 2) BACKGROUND: Recently an I-765 OPT applicatin was denied because the student's OPT recmmendatin was mre than 30 days ld. In the past, it was cmmn t receive an RFE fr this kind f student applicant errr rather than a denial, and we nte that the USCIS still has discretin t RFE fr initial evidence rather than deny. a. Is it nw CSC plicy t deny rather than RFE in this situatin? 8 CFR 214.2(f)(11)(i)(B)(2) states in pertinent part: The student must als file the Frm I 765 with USCIS within 30 days f the date the DSO enters the recmmendatin fr OPT int his r her SEVIS recrd. b. What ther cmmn mistakes (such as large I-765 signatures, r unacceptable phts) may result in OPT denials in the future? Lack f I-20 submissin. c. Members reprt seeing mre RFE s than usual fr signatures n I-765 OPT applicatins. When lking back in the file, the signatures seem fine. Has the signature transfer prcess changed recently? The prcess has nt changed, if the signatures cannt be scanned and/r d nt meet requirements fr the EAD then an RFE will be issued.

14 3) Currently students are reprting that they receive RFE s t late t respnd in time, since fficers give them as little as 15 days and the mail can take a full week r mre. Under the revised USCIS Standard Timeframes, the standard timeframe fr an RFE shuld be 30 days. In light f this, is it pssible fr adjudicatrs t ffer I-765 applicants mre time t respnd t an RFE? Perhaps 30 days? CSC is unaware f the 15 day respnse times. We will ensure that a minimum f 30 days is alltted. 4) Members see that sme students reprt receiving their card, but their SEVIS recrd still ntes OPT Requested r OPT Pending. This may be addressed t SEVP. a. Hw d adjudicatrs update CLAIMS after an OPT case is adjudicated? CSC updates CLAIMS with the apprved validity dates. b. Hw des CSC transmit CLAIMS data t SEVIS: real-time r in batches? Claims data is interfaced daily. Hwever, we ve been advised that it may take up t 72 hurs t update SEVIS. 5) Students are a transitry ppulatin, and at graduatin, many change residence. a. Des filing an AR-11 with the USCIS suffice t change address thrughut the CIS systems, r shuld the student d smething mre in additin t filing AR-11 t make sure their address is changed fr purpses f a pending I-765? They may cntact the NCSC as well as the student bx via their DSO. b. Hw quickly can an address change be effected by filing frm AR-11? We have been advised that filing an electrnic frm AR-11 has a turnarund time f n mre than ne week. Filing a paper frm AR-11 increases this time significantly. Please see the nline infrmatin n reprting address changes fr mre infrmatin. c. By what pint in prcessing d they have t change address in rder t receive their card in time? Befre apprval f the applicatin. STEM OPT Extensins Hw many 17 mnth STEM extensins f OPT have been prcessed s far? CSC des nt track this infrmatin. Hw lng are they taking t prcess n average? Within 90 days. Des the CSC have any advice fr assembling the I-765 package fr these requests? N. It is recmmended that the applicant fllw the Frm instructins. Reinstatements Hw lng are reinstatement applicatins currently taking t prcess? Within 90 days.

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