guidance in optional practical training applications and ... · guidance in optional practical...
TRANSCRIPT
The “P” in OPT: Practical
Guidance In Optional
Practical Training
Applications and Advising
2010 NAFSA Region XI Conference
Rhode Island
Wednesday, November 10, 2010
4:00-5:15pm
Panelists
Roberta Perry – USCIS Vermont Service Center
Timothy Smith – USCIS Vermont Service Center
David Elwell -- Chair, NAFSA Regulatory
Ombudsperson Subcommittee – Brandeis
University
Special Thanks to additional presenters of an earlier version of this
presentation at 2010 NAFSA Annual Conference in Kansas City – Donna Kane
(USCIS-VSC), Barbara Malcom (USCIS-NSC), Kathy Singh (Region II
RegOmbud), Maureen Martin (Region XI RegOmbud), Adam Harold (Region III
RegOmbud), and Madjid Niroumand (Region XII RegOmbud)
Introduction
Basic Overview
Helpful for new DSOs
Important reminder for experienced DSOs concerning current practices
Responses to some recent questions/concerns posted to NAFSA‟s IssueNet “Report an Issue” and “Get Liaison Help”
This session will NOT go into depth on STEM OPT issues; though some overview will be provided
Perspectives on how campuses address advising on OPT
OPT Eligibility
Lawfully enrolled on a full-time basis in a Service-
approved college, university, conservatory, or seminary
for one full academic year (8 C.F.R. § 214.2(f)(10))
If a student had accumulated one full academic year in
F-1 status before falling out of status, and is
subsequently reinstated to student status, he or she can
use that time to satisfy the one full academic year
requirement (Letter from Jacquelyn Bednarz, I.N.S., to
Lisa Enfield, Esq. HQ214f-C (undated, 1993), reproduced
in 70 Interpreter Releases 1120-21 (August 23, 1993)
OPT Eligibility
An F-1 student need not have been specifically in F-1 status for one full academic year, provided he or she was lawfully enrolled as a full-time student at a service-approved school in another nonimmigrant status that does not prohibit full-time study (INS Operations Instructions 214.2(f)(14)(ix))
However a student who re-enters to correct status, or
after an Authorized Early Withdrawal on a new SEVIS ID, will have to again meet the one full academic year eligibility requirement
But if a you correct the record after AEW within 5 months
based on SEVP guidance, previously lawfully enrolled semesters still count towards eligibility
OPT Eligibility
A student who only has the thesis or equivalent
remaining may either apply for pre-completion OPT or
post-completion OPT while completing the
thesis/dissertation (OPT Policy Guidance [6.7])
If Pre-, will have to reapply for Post- (does not
automatically change upon completion)
Consistently see errors, e.g. 1 year for pre-
regardless of requested dates
Eligible for another 12 months of practical training when
he or she changes to a higher educational level
(214.2(f)(10))
Document if unclear, e.g. Associate‟s to Certificate
What to send to USCIS Lockbox
Form I-765, completed and signed in BLUE ink
A new Form I-20 with OPT recommendation
Legible copies of all previously issued Forms I-20
Legible photocopy of biographical page of your passport, front and back of your I-94 card
Two U.S. passport-size photographs
Personal check (or Money Order or Bank Certified Check) of $340 made payable to the “U.S. Department of Homeland Security” (new fee $380 effective 11/23/2010)
Copies of previously issued EADs, I-797 Approval Notices, etc.
TIPS for successful OPT applications
TYPE the I-765 and print out (use online form to
complete most current I-765 version and then
PRINT out)
Use a mailing address on Form I-765 that will be
valid for at least 90 days
Form G-1145 – Lockbox form – receive email/text
once application is received (~2-3 weeks)
Recommend that for OPT that students do not E-file
(unless there are extenuating circumstances)
Do not staple application (except for check to I-765;
better to paperclip/binder clip) – easier for Lockbox
staff to process
Common Errors Be sure to check off box for the purpose of
the form
Use the proper code!
Signature WITHIN the box (if there is no
signature, the Lockbox will reject the application)
Sign in BLUE ink
Problems with checks
Include ALL previous I-20s (even from
previous programs)
Mailing address issues
The Lockbox
Dallas Lockbox had open house/tour on 10/20/2010 NAFSA participated
Managed by J.P. Morgan
USCIS has team of ~10 officers to manage regulatory/application questions; resolve questions on applications referred by Lockbox staff
Scans all of I-765 application Data entered from scanned information, with review of paper
application
According to Lockbox, processes 85% of applications received, and forwards to appropriate Service Center, within 1-2 business days
Operates on Monday-Friday Applications received on weekend are receipted on
Monday
The Lockbox
USPS versus courier addresses
G-1145
When does 90 days start to count?
Receipt Date is date received/opened by Lockbox
When to use [email protected]?
File # on back of check (it is not Receipt #)
Problems with c/o line in addresses
I-765 filing guidance to USCIS Lockbox:
(http://www.nafsa.org/regulatoryinformation/default.as
px?id=18665)
What Happens when Application
Received at VSC
Receipt of paper file
Review of application for completeness
How quickly does application go from review
on to an Adjudications Officer?
RFEs / EAD Cards Lost or Errors
RegOmbud Survey in Winter 2010
90% of RFEs were application/applicant errors
Copies of required documents not included
Fee Check not included
Error on check (fee amount)
Incomplete I-765
Application not sent to Lockbox
If student receives RFE, need to reply to the Service Center directly as on RFE – NOT to Lockbox
Common Requests For Evidence (RFE)
Applications returned due to errors highlighted earlier
Copies of ALL Forms I-20 issued to the student – Page 1 AND Page 3
If don‟t have original, contact school to provide photocopy or a letter confirming status at that school
I-20 Recommendation by DSO completed more than 30 days before Service Center receipt of application
Students should file right after DSO recommendation
Case Status Online / Processing Times
Can check status of application on USCIS
website and processing times
Case Status Online
USCIS Processing Times
https://egov.uscis.gov/cris/Dashboard.do
NAFSA communicating with USCIS Service
Center Operations (SCOPS) with concerns
about accuracy of Processing Times listed on
USCIS website
EAD Card Errors
Report to Service Center via email for I-765/OPT issues:
DSOs (not students) should report as soon as you receive the EAD card as the file is only at the Service Center for a limited time after the application is approved.
Do NOT email to check status of case, only for problems or pending longer than 75 days.
EAD Card Errors
If receive EAD card and error was by the
applicant (error on I-765) or the DSO (incorrect
OPT recommended dates on I-20), and EAD card
has been issued, must file a new I-765 with new
$340 fee (increase to $380 effective 11/23/2010)
Important to review prior to mailing
Also vital to check information when Receipt
Notice Received
If can inform Service Center of error before
EAD is generated, can avoid having to re-file
Lost EAD Cards
Can use international office address, to help provide
consistent address in case student moves
Do not write “c/o”, as Lockbox will not always enter
that information – just write international office
address (e.g. “415 South Street, ISSO” instead of “c/o
ISSO, 415 South Street”)
If student puts residential address and does not
have their name on the mailbox, USPS or mail
service may not deliver
If Service Center does not receive EAD card back
from USPS/mail service, then student has to file new
application with fee to generate new EAD card
90 Days of Unemployment Advising: it is between student and USCIS / SEVP
Part-time, volunteer work, directly related to student‟s major field of study, is considered as „employed‟ [7.2.1]
DSOs are not responsible to determine if a student has exceeded the unemployment time limit – DHS is. [7.4.3 & 7.4.4]
Things to consider: Recommend the student documents all that he/she does,
including searches
Do you enter employer on 92nd day?
RESOURCES: Regulation [8 CFR 214.2(f)(10)(ii)(E)]
SEVP Policy Guidance 1004-03 – April 23, 2010 (http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf) [Section 7. Limits on Periods of Unemployment]
Travel on Post-Completion OPT
new guidance – USCIS memo April 2, 2010
“Extension of Post-Completion Optional Practical
(OPT) and F-1 Status for Eligible Students under the
H-1B Cap-Gap Regulations”
no travel during cap-gap as student needs a valid EAD
must have job offer letter in hand
Do not have job offer letter -- recommend that
students do not travel
Must the student have an I-20 with name of current
employer on Page 3?
Mixed responses
Travel on Post-Completion OPT
Renewing F-1 entry visa stamps at U.S.
Consulates while on OPT (still valid into the
future) is possible
can be risky if has an H-1B pending or approved
if you hear strange rumors/guidance about
processing or not granting F-1 entry visa
stamps while on OPT, notify NAFSA IssueNet
OPT Reporting Requirements
Residential address
Employer name/address
STEM reporting – verification every 6 months
How to gather this information
How to inform students of the reporting
requirements
17-month Extension (STEM) OPT Eligibility
No previous 17-month STEM OPT extension received
Current period of standard OPT must be based on
STEM degree
Student's employer is registered in the E-Verify program
Changing Employers while application is pending
requires amended I-765 (OPT Policy Guidance [8.4.3])
Send directly to the Service Center, NOT to the Lockbox
Mail in or by email? EMAIL to [email protected]
6-month validation reports (Check SEVIS Alert Students
Requiring OPT Reporting)
No longer restricted to paid employment (see OPT Policy
Guidance 4/23/2010)
How do you get out the information
regarding OPT to your students?
Targeted emails
Website
Handouts
Newsletters
Workshops / Information Sessions
Other?
Resources NAFSA Online Adviser‟s Manual
(http://www.nafsa.org/am)
NAFSA F-1 Practical Training Resource Page (http://www.nafsa.org/regulatory_information.sec/get_sevis_information/29_month_opt_rule_updates/)
USCIS website resources (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD)
SEVP Policy Guidance 1004-03 – updated April 23, 2010 (http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf)
SEVP OPT Checklist (March 2009) -- http://www.ice.gov/doclib/sevis/pdf/opt_checklist.pdf
SEVP Cap-Gap OPT Extension Fact Sheet (March 2009) -- http://www.ice.gov/doclib/sevis/pdf/opt_checklist.pdf