Visa Lawyer Blog

Articles Posted in SEVIS

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In this blog post, we alert our readers to a new broadcast message issued by U.S. Immigration and Customs Enforcement (ICE).

Earlier this year, the U.S. Department of State (DOS) provided updated guidance explaining that Consular officers have the authority to issue F or M student visas for up to 365 days in advance of an international student’s program start date.

However, in its broadcast ICE has clarified that this new guidance DOES NOT change the requirement for issuing Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” in the Student and Exchange Visitor Information System (SEVIS), nor paying the I-901 SEVIS Fee, nor regulations governing admission into the United States.

Despite the advance issuance of an F or M visa, ICE clarifies that students can only enter the United States 30 days before their program start date as listed on their Form I-20 Certificate of Eligibility for Nonimmigrant Student Status.

Students who attempt to enter the United States more than 30 days before their program start date may be found inadmissible by U.S. Customs and Border Protection (CBP).

ICE notes to help ensure smooth entry into the United States, students and school officials should confirm the following prior to arrival at a U.S. port of entry:

  • Students have an active I-901 SEVIS Fee payment on the Form I-20 that they are traveling under.
  • The name of the school on the Form I-20 matches the name of the school on the visa.
  • Student financial information remains up to date in SEVIS.
  • Students do not attempt to enter the United States more than 30 days in advance of their Program Start Date.

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In this blog post, we bring you some unfortunate news. Recently, the U.S. Department of Education announced that it will no longer recognize the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

Sadly, this means that certain F-1 student visa applicants will be impacted by this change, including those undertaking an English language study program. The U.S. Citizenship and Immigration Services has said that such programs are required to be accredited under the Accreditation of English Language Training Programs Act.

Additionally, this change will impact F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, because government regulations now require use of a degree from an accredited, Student and Exchange Visitor Program (SEVP) certified school to receive a STEM OPT extension.

The regulations make clear that the school must be accredited at the time of the application (the date of the designated school official’s (DSO) recommendation on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status).

What happens next?

Students who have been impacted by this change will receive notification letters from SEVP informing them that their schools’ certification has been withdrawn.

USCIS has said that students who are enrolled at an ACICS-accredited school should contact their DSOs immediately to understand how this loss of accreditation will impact their status and/or immigration benefits.

To make matters worse, schools accredited by ACICS will not be able to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school chooses to voluntarily withdraw its certification or if is withdrawn by SEVP.

If a student’s ACICS-accredited school can provide evidence of a Department of Education recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

Requests for Evidence Imminent for I-539 Extend/Change of Status

The U.S. Citizenship and Immigration Services (USCIS) will be issuing requests for evidence (RFEs) to individuals who filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after August 19, 2022, requesting a change of status or reinstatement to attend an ACICS-accredited English language study program.

Once the individual receives the RFE, they will be given the opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from a school accredited by an entity recognized by the Department of Education, USCIS will deny a change of status or reinstatement request.

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More immigration news is coming your way. This week important updates have been released for F-1 students seeking post-completion Optional Practical Training in certain STEM-related fields of study.

DHS Issues Advance Copy of STEM Designated Degree Program List for post-completion Optional Practical Training

If you are an international student studying in F-1 visa status in the United States, this update may be of interest to you. Today, January 20, 2022, the Department of Homeland Security released an advance copy of the Federal Notice, “Update to the Department of Homeland Security STEM Designated Degree Program List,” which is scheduled to be published in the Federal Register tomorrow, Friday, January 21, 2022.

With this notice, DHS has indicated that the agency will be adding 22 qualifying fields of study to the STEM Designated Degree Program List. This change is significant because DHS relies on the STEM Degree Program List to determine whether an F-1 international student has obtained a degree in a program of study that qualifies as a science, technology, engineering, or mathematics (STEM) degree, to seek employment in the United States following graduation.

What is post-completion OPT?

F-1 students that have earned a degree in a qualifying STEM field, are eligible to apply for a 24-month extension of their post-completion Optional Practical Training (OPT) after completing their studies. Those authorized for post-completion OPT can work part time (20 hours or less per week) or full time.

For those who participated in pre-completion OPT, USCIS reduces the amount of time that an individual is eligible to participate in post-completion OPT by deducting from the authorization period. For example, students you participated in 10 months of pre-completion OPT, would only be eligible for up to 2 months of post-completion OPT.

Who is impacted by this notice?

This notice impacts qualifying F-1 nonimmigrant students who seek a 24-month extension of post-completion OPT who have earned a degree in a STEM field of study as designated by the STEM list.

What are the 22 qualifying fields of study being added to the STEM list?

  • Bioenergy (03.0210). A program of study that focuses on the environmental and economic impact of using plants and microbes for the production of bio-based fuels such as ethanol and biodiesel. Includes instruction in biochemical engineering, bioprocessing, bioseparations, conversion, feedstock, economics, environmental sustainability, hydrology, and natural resource management.
  • Forestry, General (03.0501). A program that generally prepares individuals to manage and develop forest areas for economic, recreational, and ecological purposes. Includes instruction in forest related sciences, mapping, statistics, harvesting and production technology, natural resources management and economics, wildlife sciences, administration, and public relations
  • Forest Resources Production and Management (03.0510). A program that focuses on the application of forestry principles to the production, harvesting, and processing of forest resources and that prepares individuals to perform associated technical and managerial functions. Includes instruction in forest production and utilization, industrial forestry, agroforestry, transplantation, timber harvesting, selection and identification of trees, processing technologies and systems, equipment operations and maintenance, and related management skills.
  • Human-Centered Technology Design (11.0105). A program that focuses on incorporating a human perspective into designing, researching, and creating technological interfaces. Includes instruction in design, human-computer interaction, learning, neuroscience, perception, product design, user centered design, and usability.
  • Cloud Computing (11.0902). A program that prepares individuals to design and implement enterprise software systems that rely on distributed computing and service-oriented architecture, including databases, web services, cloud computing, and mobile apps. Includes instruction in data management, distributed and cloud computing, enterprise software architecture, enterprise and cloud security, mobile systems and applications, server administration, and web development.

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Welcome back to Visalawyerblog! We are happy to bring you the latest immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

USCIS Guidance Following DACA Permanent Injunction in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021)

USCIS has announced on its official webpage that consistent with the permanent injunction granted by the U.S. District Court for the Southern District of Texas on July 16, 2021, declaring DACA policy illegal, USCIS is prohibited from granting initial requests for first time DACA applicants, and accompanying requests for employment authorization.

However, USCIS will continue to accept both initial and renewal DACA requests but will not be able to adjudicate requests for first time DACA applicant’s pursuant to the court order.

Renewal filings for those who have received DACA benefits in the past, will continue unaffected by the court order, and USCIS will continue to adjudicate renewal requests, and accompanying renewal requests for employment authorization as before.

What’s next? The Department of Justice will be appealing the District Court’s decision and the Biden administration is urging Congress to pass the American Dream and Promise Act of 2021.

Read Biden’s Statement responding to the Court’s injunction here.

Applicants Filing Change of Status Applications to F-1 No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’

We are happy to report that USCIS recently ended the “Bridge the Gap” policy. Previously, prospective students with a current nonimmigrant status in the United States, that was set to expire more than 30 days before their F-1 program start date, were required to “Bridge the Gap,” by filing Form I-539 with USCIS to request an extension of their current status, or a change to another status ensuring that they would not have a “gap” in status.

Effective July 20, 2021, USCIS announced that individuals who have applied for a change of status to F-1 student, will no longer need to “Bridge the Gap,” while their initial F-1 change of status application is pending with USCIS.

To prevent a “gap” in status, USCIS has said that it will now grant the change of status to F-1 effective the day the applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status is approved. If USCIS approves an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time (such as engaging in unauthorized employment, more than 30 days before the program start date as listed on the Form I-20.)

These changes have been introduced to decrease current backlogs and USCIS workloads. A revision of the Form I-539 instructions will soon be published to reflect these new policy changes.

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with some important immigration updates.

USCIS Expands Premium Processing Service to E-3 Petitioners

We are happy to report that beginning February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are requesting a change or extension of status to E-3 classification, will be able to take advantage of premium processing service to expedite processing of their petition. The filing fee for premium processing service for E-3 petitions is $2,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker and I-140 Immigrant Petition for Alien Workers. The main benefit of this service is a guaranteed 15-calendar day processing time for all those who take advantage of it.

When does the 15-calendar period begin?

The 15-calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

Is premium processing available for other petitions?

At the moment premium processing service is only available for I-129 and I-140 petitions. However, H.R. 8337 proposed expanding premium processing service to other types of applications in the future including applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.

USCIS Introduces Flexibilities for Certain Students Filing Form I-765 for OPT

We are happy to report that on February 26, 2021, USCIS announced new flexibility policies for certain foreign students who have not received receipt notices for Form I-765 petitions for OPT as a result of USCIS delays.

USCIS has stated that the agency has been experiencing delays at certain lockboxes and has not been able to issue receipt notices for certain Form I-765 applications for optional practical training (OPT) for F-1 students in a timely manner.

As a result, USCIS will provide the following flexibilities to assist certain applicants for OPT who have been impacted by the delays.

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In this blog post we share with our readers several new developments in immigration relating to COVID-19.

At a Glance: What’s in This Blog?

  • DOS Announces One-Month Extension for Immigrant Visa Medical Examinations
  • Phased Resumption of Routine Visa Services
  • DOS Releases SEVP Online Course Guidance for F and M Students for Fall 2020
  • When will the Presidential Proclamation Suspending Entry for the Schengen Countries be Lifted?
  • Are there any National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland?
  • Are there any National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market?

DOS Announces One-Month Extension for Immigrant Visa Medical Examinations

We are pleased to report that on July 24, 2020, the Department of State issued an important announcement confirming that the Centers for Disease Control and Prevention (CDC) have approved a one-month extension for medical examinations conducted between January 1, 2020 and June 30, 2020. As many of you know, medical examinations for immigrant visa applicants are valid for a maximum of six months.

The Department of State has advised applicants (1) who were unable to travel on an issued visa, or (2) who obtained a medical examination but did not receive a visa, to contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month. Applicants who are unable to travel within one additional month, should consider waiting until they are able to travel to obtain a new, full validity medical examination and visa.

Phased Resumption of Routine Visa Services

In March 2020 the Department of State suspended routine visa services worldwide in response to the Coronavirus pandemic. On July 14, 2020 the Department of State released information on its webpage notifying the public that resumption of routine visa services will occur on a post-by post basis, in coordination with the Department’s Diplomacy Strong framework to safely return personnel to Department facilities. With that being said, the Department of State cannot provide a specific date for when each Consular post will return to processing at pre-Covid workload levels. Applicants are advised to monitor each individual U.S. Embassy or Consulate’s website for information regarding operating status, and updates on which services they are currently offering.

As always, U.S. Embassies and Consulates will continue to provide emergency and critical visa services.

The DOS has also stated that MRV fees are valid and may be used to schedule a visa appointment in the country where it was purchased within one year of the date of payment.

  • For more information about this announcement and FAQs please click here.
  • For a list of Embassies and Consular webpages click here.

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We continue to have good news for international students. As you already know, on July 8th Harvard and the Massachusetts Institute of Technology (MIT) filed a lawsuit to stop the government from enforcing new guidelines on international students that would prohibit them from taking online classes during the Fall semester, despite increasing coronavirus cases nationwide. The new guidelines announced by the federal Student and Exchange Visitor Program (SEVP) would refuse visas to students in schools that plan to teach classes fully online this fall and would bar these students from entering the country. Students already in the United States enrolled in schools teaching online classes would need to leave the country or transfer to a school with in-person instruction to keep their visas.

Since the Harvard-MIT lawsuit was filed, Northeastern university has joined the fight. In addition, many other universities across the United States have rallied together in support of their students, including the University of California school system, Princeton, Cornell, John Hopkins University, and the University of Pennsylvania. These institutions have filed amicus briefs supporting the Harvard-MIT lawsuit and/or filed lawsuits of their own in district court.

On July 9th Attorney General Xavier Becerra also filed a lawsuit on behalf of the State of California against the Trump administration to stop the government’s new policies from going into effect.

Like the state of California, many more states are expected to file their own lawsuits in the coming week.

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We have news that may be some relief to international students across the United States.

Today, Wednesday, July 8, 2020, Harvard and the Massachusetts Institute of Technology (MIT) filed a lawsuit in District Court in Boston against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), challenging new guidelines that prohibit international students from taking online classes during the upcoming fall semester.

The lawsuit seeks a temporary restraining order, preliminary, and permanent injunctive relief to bar the Department of Homeland Security and Immigration and Customs Enforcement, from enforcing recent federal guidelines just announced on Monday, that prohibit international students from attending U.S. colleges and universities offering only online instruction during the upcoming Fall 2020 semester.

As our loyal followers know, early this week, Immigration and Customs Enforcement issued a news release introducing a new set of guidelines for international students who will take courses in the U.S. during the upcoming fall semester.

Among the new guidelines, we learned that F-1 and M-1 students will be prohibited from taking courses entirely online during the fall semester. The announcement stated that the Department of State would not issue visas to students enrolled in schools and/or programs operating entirely online, and Customs and Border Protection would not allow such students to enter the United States.

International students in the United States enrolled in schools and/or programs operating entirely online were only given two options (1) depart the United States or (2) take other measures such as transferring to a school with in-person instruction to remain in lawful status.

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Today, Monday, July 6, 2020, the United States Immigration and Customs Enforcement (ICE) issued a news release introducing new modifications taken by the Student and Exchange Visitor Program (SEVP) that will apply to all international students in F-1 and M-1 status taking courses during this upcoming Fall 2020 semester. The U.S. Department of Homeland Security will be publishing new procedures and responsibilities for F-1 and M-1 students during the upcoming Fall 2020 semester in the Federal Register including changes to current policies for F-1 international students.

Monday’s modifications introduce surprising requirements for F-1 and M-1 students taking online classes due to the Coronavirus (COVID-19) pandemic during the fall 2020 semester.

What are these new requirements?

There are three sets of new requirements.

F-1 and M-1 Students Attending Schools with Full Online Instruction During the Upcoming Fall 2020 Semester Must Transfer to In-Person Instruction or Depart the United States

Nonimmigrant F-1 and M-1 students who are attending schools operating entirely online may not take a full online course load and remain in the United States.

The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall 2020 semester nor will U.S. Customs and Border Protection permit these students to enter the United States.

Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status.

If the student fails to transfer to a school with in-person instruction for the fall 2020 semester, the student may face immigration consequences including, but not limited to, the initiation of removal proceedings.

F-1 Students Attending Schools With In-Person Instruction Bound to Existing Regulations – Can Take 3 Credits Online

F-1 students who will attend schools operating under “normal” in-person instruction during the Fall 2020 semester (as opposed to online classes) will be bound by existing federal regulations. Eligible F students are permitted to take a maximum of one class or three credit hours online.

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It is that time of the week again! In this post, we bring you the latest immigration news from USCIS.

Texas Service Center Will Begin Processing Certain Cap-Exempt H-1B Petitions

On May 20, 2019, USCIS announced that the Texas Service Center will begin processing certain cap-exempt H-1B petitions filed on Form I-129 Petition for Nonimmigrant Worker.

What types of petitions may be processed by the TSC?

Cap-exempt petitions requesting:

  • A change in previously approved employment;
  • A change of employer;
  • Concurrent employment;
  • Amendments;
  • A continuation of previously approved employment without change with the same employer;
  • A change of status to H-1B; or Notification to a U.S. Consulate or inspection facility (port of entry or pre-flight inspection).

Applicants must continue to refer to the direct filing address chart to determine where the I-129 Form should be filed. The workload for cap-exempt petitions will be distributed between the Texas Service Center, California Service Center, Vermont Service Center, and Nebraska Service Center to increase efficiency and prevent processing delays.

If your case is transferred, you will receive a transfer notice in the mail.

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