Questions and Discussion Topics U. S. Customs and Border Protection NAFSA Liaison Call October 8, 2014 These notes were taken by NAFSA members during the liaison call. They have not been reviewed by the agency officials who participated. They reflect information provided by government officials in an informal setting. Liaison notes and summaries are best used as general information concerning current agency processes and policies, and it is important to recognize that agency processes and policies are subject to change. NAFSA notes and liaison summaries do not constitute legal advice. CBP answers are in bold, italic type. Representing U. S. Customs and Border Protection (CBP): Jeni Best, Supervisory CBP Officer, Admissibility and Passenger Programs Rita Lott, Admissibility and Passenger Programs Representing NAFSA: ISS-RP Travel Subcommittee: Marisa Atencio, Dan Berger, Ben Colston, Mona Foroughi, Cara Frankowicz, Mihwa Lee, David Muusz, Holly Nigorizawa, Hamel Vyas; ISS-RP Chair: Joann Ng Hartmann; and NAFSA staff 1. CBP access to SEVIS information in primary inspection NAFSA members report two types of port of entry issues that have raised questions about CBP access to SEVIS information in primary inspection: a. The first issue involves students being sent to secondary inspection even though their SEVIS record was active. This has happened on occasion when a student has both an inactivated record and active record under the same SEVIS ID number (which is how SEVIS has been programmed to effectuate a change of academic level). Students in this situation have been told their records are not showing as active, and have had to wait in secondary inspection while it is confirmed. b. The second issue involves students being allowed to enter on terminated records, or admitted too long before or after their I-20 program start date. Questions: Could you comment on what information in SEVIS CBP officers can see in the primary inspection area? For example: 1
o Can CBP officers see both records for a student entering on a new change of level I-20? o Can CBP officers see SEVIS fee payment information? o Can CBP officers see that a SEVIS record is in terminated status? Can you provide an update on recent CBP-SEVP efforts to implement admissibility indicators at primary inspection (the pilot program at Dulles and several other airports)? How is the program working? Do you expect it to alleviate the problems described above? When will it be implemented nationwide? Should we continue to report these problems (submitted through NAFSA s IssueNet) directly to you at CBP? Yes. Please continue to report these problems. Officers have access to data and can run certain name checks but primarily review the documents presented to them. Officers at primary inspection do not log in to the SEVIS system to review travelers records. In order to process travelers efficiently, they would refer travelers whose SEVIS records need to be reviewed to secondary inspection. On primary inspection, officers have just a couple of minutes to process the traveler, so any thorough review or deficiencies are handled in secondary inspection. A pilot program underway in 22 airports (including Dulles International) allows a query of a SEVIS number at primary inspection and provides admissibility indicators about the traveler. The full SEVIS record is not accessed because this would take so much time and slow the processing of travelers, but basic SEVIS data indicating whether a traveler should be admitted, may need further processing, or should not be admitted, is available to the inspector. The pilot program is just a few months old, but if it is successful, we hope to implemented nationwide and alleviate some of the problems NAFSAns have brought to our attention. 2. Issues with H-1B admissions in change of employer scenarios Members have reported issues with the admission (and electronic I-94 records) of H-1B nonimmigrants who have had petitions approved by USCIS to change employer. On more than one occasion, H-1B workers have been admitted with reference to previous employer information. It appears that the data from the previous petition was used to establish the new status end date when entering under a new petition, even though the H-1B worker was no longer working for the prior employer. For example, we now have two separate cases of change of employer H-1B workers in which 2
JFK/Newark CBP appears to have scanned the H-1B visa in the passport, which had the previous employer s I-797 H-1B receipt number on it. When offered the USCIS Form I-797 evidencing the change of employer, the officers did not want to see it. They appear to have used the data from that visa to establish the status end date, even though the traveler was no longer working for that employer, and now has a new I-797 for our university with a later end date. In both instances that visa stamp listed "PN" and then the employer name, "P#" then the WAC receipt number, and "PED" then the I-797 expiration date from the previous employers petition. Is this a training issue or does CBP have a new protocol? Difficult to comment on individual cases without knowing all of the circumstances. CBP guidance on H-1Bs has not changed. Officers should use most recent I-797 presented at inspection. The officers look at what is presented to them. Travelers should have their most recent I-797 in hand. Corrections of erroneous entry records are made at deferred inspection offices. If there is a new protocol, are measures in place to ensure that H-1B employees who have changed employer are admitted for the correct period? See above. Are inspecting officers able to look up the H-1B petition information at primary inspection, so that the worker does not have to go to secondary? CBP officers can access USICS information, but this requires a logging in to a system and can be time consuming, so in order to move travelers through inspection efficiently officers at primary inspection usually would not access USCIS information. This would be done in secondary inspection. Any additional verifications will take place in secondary inspection. It is simply a routine administrative process, so travelers need not fear it. Have all documents, including USCIS I-797 approval notice, in hand (rather than in luggage). CBP guidance and regulation requires inspecting officers to use most recent approval notice. Occasionally an officer will accept a photocopy, but travelers should have originals in hand. A traveler without the necessary documents like an approval notice will usually be referred to secondary inspection. 3. Adding new field to I-94 record for SEVIS ID or H-1B petitioner name During the last NAFSA liaison call in May 2014, we asked CBP to consider adding a field on the I-94 for SEVIS #s and the name of the H-1B petitioner. The response at that time was that 3
there was no plan to add these to the I-94, but that CBP may consider adding this information to the passport admission stamp. NAFSA members have reported situations in which this would be beneficial in clarifying which record was used for the international s entry, i.e. a change of employers for H-1B or change of level for F-1. We would like to take this opportunity to request again that CBP consider adding SEVIS # and H-1B employer to the electronic I-94 record and/or the admission stamp. Are there any updates regarding this that you would be able to share? CBP doesn t intend to add this to I-94 record current guidance has been to include the SEVIS information on the admission stamp (too many systems involved to make this change). Will consider adding the employer information to the admission stamp 4. CBP position on validity of F-1 visa after absence of more than 5 months Despite prior guidance to the contrary from Dept. of State, some U.S. embassies have been informing students who have taken a leave from studies (out of the U.S.) for more than 5 months that they do not need to obtain a new F-1 visa as long as the prior visa has not expired. Can you confirm that CBP admits students with the original or last F-1 visa and a new I- 20 when the gap between old F-1 program and new F-1 program is more than 5 months? I know that there is conflicting guidance from agencies on this subject. CBP s position is that if the F-1 visa is valid and the student has a valid visa and other necessary documents and is otherwise admissible to the U.S. then the student can use the visa and be admitted. Note that discretion is always applicable at inspection/admission. Does CBP look to see the SEVIS ID number on the visa matches the I-20 being presented because the I-20 SEVIS ID# will not always match the SEVIS ID# on the visa? CBP will accept a valid visa with a valid I-20. We are aware that you can change schools after the visa has been issued, so we understand that a student may be properly attending a school different from the one noted on the visa. NAFSA Note: See NAFSA Adviser s Manual section 3.53.3.2 Discussion of reentry documents for more information about traveling with a visa bearing a different school name, including references to SEVP and Department of State guidance on the topic. The Port of Entry data in SEVIS is not often reliable. Is there something in CBP process to ensure that when a student shows a visa from school A and I-20 from school B that the SEVIS ID # being recorded for their entry is accurate to the SEVIS ID from school B? How are mismatches handled? When CBP processes student, the I-20 and SEVIS# used at the time of entry are 4
documented and interfaced with SEVIS. NAFSA has brought to our attention that there have been instances of entry information being attached to the wrong SEVIS record of the student. NAFSA Note: See NAFSA Adviser s Manual section 3.53.5 Reentry after an absence of more than five months for a fuller explanation. Note that Department of State guidance that "it is prudent for students to apply for new visas at an embassy or consulate abroad prior to traveling to the United States to return to their studies after an absence of more than five months that is not related to their course of study," even if a prior F-1 visa had not expired. 9 FAM 41.61 N17.4(b) (CT:VISA-1373; 11-09-2009). SEVP guidance on the topic refers to this Department of State guidance. 5. Clarification regarding I-515A issuance We would like to get clarification regarding I-515A issuance. Members have reported that some students who have received an I-515 have not been issued a paper I-94, but instead are given the instructions to access the electronic I-94. Other students are still issued a paper I-94 with the I-515A. The instructions for the I-515A still state that the original I-94 is required. Are there any changes in the I-515A process? If so, are there plans to update the instructions? There have been no substantial changes on the process. CBP guidance recommends providing a paper form to anyone given a I-515A. The paper form serves as an original I-94, and we recommend that a paper form is issued, but the electronic I-94 is acceptable and will be accepted with the I-515A. Please note that ICE and SEVP have jurisdiction over the processing of I-515As. CBP has been working with SEVP to automate their process and they have been working to update the I-94 record immediately instead of within 30 days so that it is available immediately to the student; We are making strides on that front. 6. Improvements to the I-94 correction process We appreciate the time and effort that deferred inspection officers dedicate to looking up and correcting I-94 records. We understand why it can take some time for deferred inspection to respond to inquiries about I-94 issues. Some schools are several hours away from the closest port of entry or deferred inspection office so it is difficult for students and scholars to travel there for corrections. The time it takes to get a response by phone also makes it challenging to get errors resolved. Would CPB consider dedicated email boxes at deferred inspection offices for I-94 issues? 5
Would CBP consider allowing school officials to email deferred inspection offices with the request and required documents for corrections and informing deferred inspection offices of this? Deferred inspection sites are to make I-94 corrections/changes, but all (ports of entry) POEs are somewhat autonomous from headquarters, and the manner in which each POE handles corrections and changes is left to each POE s discretion. Some POEs have set up dedicated emails, or phone lines or fax lines. CBP recommends to contact the deferred inspection site before sending a student or scholar to the site, especially if travel is required, because it may be possible to accomplish the correction through a phone call or e-mail message. You can always request to speak with a supervisor, if necessary, who can resolve problems. Examples of what can be handled over the phone: (depends on POE) incorrect passport number; name misspelling; incorrect Class of admission. Remember, each POE establishes its own process. Examples where student may need to appear in person: verification of passport information; documentary deficiencies especially relating to class of admission. Most ports of entry will speak with DSO (best to have the student with you) but it is discretionary; if there is a need to speak with the student, the officer will ask to speak with the student. Public service officer can help resolve issues at cbp.gov look up specific POE for the public service officer that serves that POE passenger service managing see http://www.cbp.gov/contact/ports/passenger-service-mgr For double-last names, such as Spanish names like Gonzalez-Rodriguez, CBP usually uses the name on the biographical strip on the edge of the passport bio-page. That is the first one to start with. NAFSA Note: For more information, see the NAFSA resource page at http://www.nafsa.org/find_resources/supporting_international_students_and_scholars/co mmittee_updates/issrp/electronic_i-94_record_retrieval_tips/. 7. CBP guidance on readmission after cruises Members report different results for students and other nonimmigrants returning from cruises. Some are not given a new I-94 or entry stamp at the POE, while others are. Could you comment on whether this is at the discretion of the port of entry, or if all nonimmigrants should expect to receive a new I-94 and/or a new admission stamp? It is really dependent on the cruise and POE. Any nonimmigrant must have proper documents 6
to re-enter the U.S. Automatic revalidation applies to a lot of cruises travel. Additionally, CBP has a lot of agreements with cruise agencies where travel may not be considered real departure from the U.S. If at any time the student needs a new I-94 they can request one but it doesn t mean they are not in proper status if they don t get a new I-94 after the cruise 8. Guidance on TN job letters In our last liaison call, we inquired regarding some reports of inconsistencies in TNs experiences at the port of entry. We asked about a checklist that seemed to be in use at some or all ports of entry. You mentioned that it was an internal document issued in April 2014 to help ensure uniform and consistent processing of TNs. We applaud this effort by CBP. Has or will the document be available to the public? As we have mentioned concerning CBP s replacement for the Inspector s Field Manual, we believe that making such nonlaw enforcement-sensitive documents public will help facilitate travel and CBP s processes at POEs. The TN checklist is an internal CBP document CBP has no intention of making this public. It is provided to CBP officers to provide consistency to the CBP officers. All CBP policy is governed by statute and regulation which are available to the public, but internal processing will be kept internal. For security reasons, and especially to reduce fraud, we do not share extensive detail about all of our internal processes. Effective 9/15/2014, CBP has dedicated NAFTA POE s for TN and L visas for optimized processing. Our website has a list of these POE s and times the officers will be available to process TN s and L s see http://www.cbp.gov/travel/international-visitors/canada-mexicotravel/traveling-tn-or-l-1-visa-canada. CBP believes this help improve NAFTA adjudications. Note, applicants can still go to any POE for NAFTA adjudications. 9. Follow-up question What is the best way to find I-94 records for people with double last names? CBP creates the I-94 record from the machine readable zone, based on IKO standards. Machine readable text does not include dashes, only English letters. Tip for finding I-94: use passport name minus any foreign characters. There could be a truncation. Passport numbers are also based on a machine readable zone, but sometimes the I-94 is compiled with air carrier information which may not be correct, so look at the booklet/series number if there is one. 7