New questions. 1. I-515 Mailing Address. SEVIS Technical and Policy Conference Call. February 25, 2009

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1 SEVIS Technical and Policy Conference Call February 25, 2009 Contents New questions I-515 Mailing Address Procedure for students who depart the US during the 30-day I-515A period E-verify Client Number for STEM OPT Extension USCIS NCSC Scripts are Inaccurate for F-1 Issues SEVIS 6.0: Impact of certain OPT fields becoming optional SEVIS 6.0: In Alpha environment, all existing OPT records default to precompletion SEVIS 6.0: Impact of post-completion OPT indicator on program extension SEVIS 6.0: Filed/Waitlisted Cap-Gap Extension Indicator... 6 Other Questions on the Call Delegation of President s Signing/Appointment Authority Cancel Form... 6 Previous Pending Questions Tolling Unemployment for Lost EAD... 7 NAFSA Note: SEVP has not provided written answers for the following questions yet. Until written answers are available, NAFSA has provided unofficial summaries of SEVP and USCIS verbal responses compiled by NAFSAns on the teleconference as preliminary guidance. However, the answers are subject to change. New questions 1. I-515 Mailing Address SEVP s web site reflects that SEVP s mailing address for all correspondence, including I- 515A, has changed to: Student and Exchange Visitor Program Attn: (Branch Name) Potomac Center North th Street, SW 1

2 Washington, DC Despite a SEVIS Notice on Nov. 6, 2008 announcing that SEVP had moved to Arlington, VA, there has been no similar SEVIS Notice to notify users of the accurate mailing address. In addition, the I-515A form and instructions still reflect the prior address. 1. Can SEVP send a broadcast message to all users regarding the address change and highlight the incorrect address on the I-515A form and instructions? Summary of SEVP verbal response: SEVP plans to send out a broad cast message within the next several months, providing updated phone and address information. SEVP expects to use this address for at least the next year. Per the SEVIS Newsletter April 2009: The New SEVP Zip Code is This zip code is the official zip code that should be used for all correspondence with this office. Please make the correctional update to your contact list. 2. When will the I-515A form and instructions be updated to reflect the current address? Summary of SEVP verbal response: SEVP noted that they have drafted an update to the I-515A form/mailing instructions, and that it is being reviewed within DHS before being released. 2. Procedure for students who depart the US during the 30-day I-515A period Members report conflicting guidance from SEVP representatives on how advisers should advise students or scholars who need to depart the US during the 30 day period granted by an I-515A: I would suggest sending me copies of all required forms via fax, or as scanned attachments. This would be the quickest way for me to process and return all documents to the student, through you. We do not need to process his paperwork since he is leaving before November 30th. Please print him an original DS-2019 and sign it in blue, that way when he returns he ll have an original form. He will also receive a new I-94 card upon entry, I will go ahead and keep the one that was sent in along with the I-515A form and mail the DS-2019 back to you. Could SEVP confirm what the correct guidance is for students or scholars who need to depart the US during the 30 day period granted by the I-515A? Can SEVP also provide the current contact information for the I-515A unit, such as phone, mailing address and address? Summary of SEVP verbal response: This question will be deferred until the next teleconference. NAFSA note: See the summary of the April 10, 2009 SEVIS Teleconference. 2

3 3. E-verify Client Number for STEM OPT Extension A common mistake on I-765 for STEM OPT Extensions is that employers incorrectly list a TIN or other employer number instead of the E-verify client number requested. DSOs have no way to determine whether the E-verify number and institution name are accurate, as the employer is the only source for this information. At the NAFSA Region IV Conference, the USCIS Verification Office stated that the E-Verify Client Number has 5-6 digits that can be found on the top left side of the employer s E-Verify MOU. However, this info is not explained on the I-765 form or instructions. Can a USCIS adjudicator look up an employer s E-Verify status by using a TIN or other employer identifier? Summary of SEVP/USCIS verbal response: USCIS SCOPS has discussed this with the DHS Verification Office that oversees E-Verify and it is not possible for adjudicators to do a reverse lookup in order to see what the employer s E-Verify number is. SEVP further noted that they are exploring options regarding how to better resolve this situation, but that there will not be a short-term solution. Can USCIS confirm that a Service Center should send an RFE requesting the E- verify client number before denying an I-765 application for this reason? Summary of SEVP/USCIS verbal response: USCIS has directed the Service Centers to issue Requests for Evidence when the E-Verify number is incorrect or missing before issuing a denial. SCOPS has provided the Service Centers with model language for RFEs, which includes directions to the student/employer about where s/he can find the E- verify number. The E-Verify number is 5 or 6 digits; it is located in the top left side of the Memorandum Of Understanding (MOU). SEVP is also working on an employer OPT Factsheet with additional guidance on this matter. NAFSA Note: If DSOs are aware of students who have been denied for OPT without an RFE due to incorrect E-Verify numbers, please report those cases via IssueNet. Can USCIS update the I-765 form or instructions to better identify and describe the E-verify client number, e.g. it is a x digit number located on the top left side of the employer s E-Verify MOU, not the TIN? Summary of SEVP/USCIS verbal response: When the I-765 form and instructions are next reviewed, DHS will consider adding information on how to locate the E-Verify client number on the form or instructions. 4. USCIS NCSC Scripts are Inaccurate for F-1 Issues We continue to receive reports that representatives on the USCIS National Customer Service Center telephone line incorrectly advise students that biometrics are required for 3

4 OPT EADs, and that a student may not request expedited processing even if the processing time is more than 90 days. One student recently reported that 4 different customer service representative and a supervisor all said that all OPT applicants are required to provide fingerprints. Since the statements were made by multiple representatives, it appears that the underlying scripts for F-1 are still inaccurate. Can USCIS SCOPS and/or SEVP work with the USCIS Office of Communications to ensure that the scripts for F-1 and M-1 issues are accurate? Summary of SEVP/USCIS verbal response: In order to be able to address inaccuracies, USCIS needs more information, e.g. the name and identification number, to determine if a particular situation is a training issue or an issue with the script. NAFSA Note: DSOs who are aware of incorrect information being provided by the National Customer Service Center telephone line should work with their students/scholars to learn the name and operator identification number of the individual who provided the information. This information should then be submitted to NAFSA via IssueNet. NAFSA also pointed out that several USCIS Service Center websites currently have processing times outside the 90 day window. 5. SEVIS 6.0: Impact of certain OPT fields becoming optional The SEVIS Release 6.0 Anticipated System Changes notice states the following: OPT Remarks Fields The following changes regarding remarks on the OPT Employment screens will be implemented: The Explain how the employment is related to course work field is no longer required. In addition, it will no longer print on page 3 of the I-20. The Remarks field will be updated to Employment Remarks, and will now print on page 3 of the I-20. It is an optional field. Since the Explain how the employment is related to course work field will no longer be required, and will no longer print on page 3 of the I-20, does this mean that the Service Centers will no longer require a DSO s statement that s/he has determined the employment is related to coursework? That would make sense since adding an OPT request in SEVIS then printing and signing the I-20 is verification enough that the DSO is supporting/recommending the OPT. What guidance has been sent to USCIS? Summary of SEVP verbal response: SEVP and USCIS stated that USCIS adjudicators should not require this statement, stating that a DSO often cannot verify that a student s employment is related to course work since the student may not have a job offer at the time of the OPT recommendation. USCIS SCOPS will communicate to the Service Centers that this statement is not needed. If an RFE is received on this issue the school should respond and should report any problems related to this issue to NAFSA. 4

5 6. SEVIS 6.0: In Alpha environment, all existing OPT records default to precompletion In the Alpha Test environment, it seems that all existing OPT records default to "Pre- Completion" (with regard to the new indicator) regardless of the dates of the OPT. For example, even if OPT start date is after the Program End Date, the record indicates that the OPT is "PRE-COMPLETION". This could have a serious impact on current OPT students, particularly those wanting STEM extensions. As an example, see SEVIS ID N with Program End date of 5/18/03: Summary of SEVP verbal response: The problem was corrected in the production environment on Monday, February 23, OPT records that were defaulted to precompletion should now have the correct pre-/post OPT indicator based on the program end date and the OPT employment start date. If DSOs experience any issues now, please report to SEVP. 7. SEVIS 6.0: Impact of post-completion OPT indicator on program extension Also regarding the new pre-/post-opt indicator, will an occurrence of post-completion OPT in the record prevent a program extension? In other words, if a student applies for post-completion OPT then has trouble completing the program (e.g., does not complete the dissertation), will SEVIS prevent an extension of the program end date simply because post-completion OPT has been requested or approved? Summary of SEVP verbal response: The system will not prevent an extension of the program end date in this situation. 5

6 8. SEVIS 6.0: Filed/Waitlisted Cap-Gap Extension Indicator Are DSO's responsible for processing this? Using the new indicator in SEVIS will certainly be easier than calling the Help Desk every time, but has there been an effort to make CLAIMS and SEVIS interface more effectively? Summary of SEVP verbal response: If the student has been issued a receipt number, CLAIMS should automatically update SEVIS. If a student hasn t been given a receipt number or was wait-listed, this new function allows DSO s to issue I-20 s for a cap gap extension without having to request a data fix from the Help Desk. NAFSA note: SEVP indicated that SEVIS cannot currently differentiate between cap exempt and cap gap petitions. Therefore, SEVIS may indicate that OPT students who are the beneficiaries of cap-exempt H-1B petitions are eligible for a cap gap extension even though that is not the case. NAFSA note: NAFSA also requested that SEVP review the SEVIS 6.0 Training Slides 15 and 18 and consider changing the sample dates to make the example more understandable. Other Questions on the Call 9. Delegation of President s Signing/Appointment Authority In a recent meeting, SEVP stated that a President could delegate his/her authority to sign or appoint DSOs on the I-17 forms to someone else within the institution, e.g. the PDSO. Can SEVP confirm and provide this information in writing, e.g. include this information in the I-17 FAQ and Editing/Updating Form I-17 job aid? Summary of SEVP verbal response: Yes. 10. Cancel Form We have noticed that when ARO staff use the batch interface to cancel an Exchange Visitor record, the cancel Form action although accepted by SEVIS does not appear in SEVIS in the Event History. However, The Date of Last Status Change on the Exchange Visitor Information page in SEVIS at the top right under Status Information does reveal the date the Cancel Form was processed in SEVIS. Is this a known glitch? Summary of SEVP verbal response: SEVP was previously unaware of this issue, but will look into it. 6

7 Previous Pending Questions 11. Tolling Unemployment for Lost EAD A student s OPT EAD card was never received (and assumed lost in the mail), but has not been returned to the Service Center. USCIS advised the student to apply for a replacement card, which the student is willing to do. Question: Can SEVP/USCIS confirm that the 90-day clock for unemployment will only start to run when the replacement EAD has been received by the student? Summary of SEVP & USCIS verbal response: Yes, the clock would start 10 days from when USCIS issues replacement card. However, USCIS indicated that the replacement card would still have the original date. Therefore, DSO s should advise students to keep the envelope and any evidence of replacement dates. 7