1. Updates on timeframes for I-17 Requests

Transcription

1 SEVP Technical and Policy Conference Call April 10, 2009 Contents 1. Updates on timeframes for I-17 Requests Please add SEVIS ID number to Help Desk ticket resolution notices Issue with Data Pull from SEVIS to CCD Procedure for students who depart the US during the 30-day I-515A period DMV/SAVE Issues Cap Gap Functionality Batch error: Updating Employer Info... 5 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. 1. Updates on timeframes for I-17 Requests SEVP has previously reported that there have been approximately 200 I-17 petitions submitted per month which require review and approval. NAFSA has received reports that some requests to add a campus have been pending since September Questions: 1. Can SEVP provide an updated timeframe for the processing of the different types of adjudicated I-17 requests? 2. Specifically, approximately how long it will take to adjudicate a request to add new campus after the site review is conducted? Summary of Summary of SEVP Verbal Response: 1. Requests that have been pending since September 2008 have been reviewed, and most seem to be waiting for additional information as requested by SEVP. Because of SEVP s move, there may be some mail that SEVP did not receive or was delayed. Schools who have been waiting since September 2008 and/or who have submitted additional information but are still waiting to hear back from SEVP 1

2 should send an to the SEVP School Certification Branch ] to inquire about the status of the petition. 2. The length of processing time varies from a minimum of one month up to eight months. The variables for the timing include how many fields were updated, how much information can be obtained online (e.g. from the school s website), whether SEVP must request that information, and how long it takes to get information back from the schools after SEVP has requested additional information. 2. Please add SEVIS ID number to Help Desk ticket resolution notices. When a correction is submitted using the Corrections function in SEVIS, the DSO is notified when the correction is completed with an that contains the ticket number, SEVIS number and student's name. When a manual data fix is completed by the Help Desk, however, we receive an with only the ticket number. This means that schools must maintain a file of open data fixes in order to match up the ticket number with the SEVIS record. Can the Help Desk please add the SEVIS ID number to its resolution notices, just as is done with the notices generated after a Corrections function action? Summary of SEVP Verbal Response: The messages that are generated by the system are automatic. Information cannot be added to those messages. Schools are encouraged to continue to maintain a separate list of the open data fix requests with the Help Desk ticket numbers at this time. SEVIS II will address this issue, as most data fix requests will be generated from within SEVIS II, similar to correction requests in the current SEVIS system.. 3. Issue with Data Pull from SEVIS to CCD NAFSA has received reports from DSOs that the SEVIS Help Desk has indicated there is an issue with some SEVIS records not being pulled automatically into the Consular Consolidated Database (CCD), and that DSOs will need to ask the Help Desk to manually push this data. How many requests has Help Desk received for data pushes from SEVIS to CCD? Has SEVP noticed any pattern for those records that need a data push? Summary of SEVP Verbal Response: There are no current issues with the interface between CCD/DOS and SEVIS. All new and updated SEVIS records are pushed to the CCD each day. This was an issue after the SEVIS 6.0 Release, but has since been resolved. The SEVIS Help Desk notes that it is no longer receiving calls on this issue. If DSOs are aware of more CCD-related problems, please notify the SEVIS Help Desk ( ). 2

3 4. 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? Note: The second option appears to be more consistent with Section of Customs and Border Protection s Inspector s Field Manual: When issuing a Form I-515A to an individual who frequently crosses the border and would be reapplying for admission within the 30-day timeframe, the POE may advise the individual to provide the required SEVIS Form upon readmission, when available. Under these circumstances, the POE may replace the pre-printed submission address with the POE address. The Form I-94 is valid for multiple entries within the 30-day timeframe. Summary of SEVP Verbal Response: If the student/scholar knows that s/he is leaving within 30 days after arriving with an I-515A, the student/dso should fax copies of the I- 20/DS-2019, I-94 card, I-515A paperwork and travel itinerary/ticket to the I-515A Unit at: If these documents are not received by the I-515A Unit before the student/scholar travels, this could cause the student /scholar to appear as though s/he was not compliant and could result in future issues when s/he tries to leave or re-enter. NAFSA Note: As a reminder, I-515A information should be mailed to: Student and Exchange Visitor Program, Attn: (I-515A Unit) Potomac Center North th Street SW Washington, DC To speak directly with the I-515A Unit, DSOs/AROs can call the SEVP Response Center at , who can transfer your call to the I-515A Unit. 3

4 5. DMV/SAVE Issues NAFSA continues to receive reports that students seeking a drivers license are informed that the Drivers License agency is unable to verify immigration status through the SAVE database. Often a student is only told there is some problem with immigration and s/he is referred to the local immigration office. Despite following up with local USCIS field offices or the SAVE Helpline, some situations take a significant amount of time to resolve. SEVP has reported that most SAVE database conflicts in these circumstances are due to the student s registration not being reflected in SAVE, either because the student has not been registered in SEVIS yet, or because there is a delay in batching to SEVIS and then to SAVE. Another common scenario is a failure to terminate the previous SEVIS record after a change in status. SEVP is in the process of developing detailed guidance re: DMV issues; in the interim, SEVP has offered some practice tips: The student should wait at least 10 days after entering the U.S. to allow CBP time to data enter the I-94 information. The student must be registered in SEVIS, and should allow 1-2 additional days after registration for the information to appear in the SAVE database. The DSO should confirm that the name and date of birth match throughout SEVIS and other documentation (I-94, visa, passport) Can SEVP confirm the above, and that DSOs may submit DMV/SAVE issues to SEVIS.source@dhs.gov or by calling the SEVP Resource Center? Summary of SEVP Verbal Response: SEVP confirmed the above information. If the student encounters a problem in obtaining the license that appears to be a SAVE issue, DSOs should send an to SEVIS.Source@dhs.gov with Subject line: DMV issue, [list the state where the DMV is located]. The DSO can even send a list of students with issues with the same DMV so that the cases can all be dealt with at once. In the message, DSOs should include the following information about the student: 1. The applicant s name 2. The alien s I-94 admission number (11 digits) or alien registration number (9- digit A#) if there is one 3. SEVIS # if the client is a foreign student or exchange visitor 4. The alien s date of birth (DOB) 5. The address of the DMV office where the person experienced the problem, and a DMV receipt number (if available) 6. The date the person visited the DMV office 7. A contact address and phone number or address for the alien (in case the DMV office needs to contact the person) 8. An explanation of the problem 4

5 DSOs should provide as much specific information as possible about the response that the student received from the clerk at the DMV branch, e.g. that the DMV is unable to verify the student s status, to assist SEVP in determining where the problem lies. SEVP will then connect with the DMV to attempt to resolve the issue. SEVP indicated that some states that usually require an unexpired visa have accepted a letter from SEVP or DHS that indicates the student is maintaining status; some states have accepted a print-out of the SEVIS profile as proof of status. NAFSA Note: SEVP reports that they are currently seeing an issue with students who have an active and deactivated record in SEVIS. 6. Cap Gap Functionality The chart at in the updated SEVP Policy Guidance for DSOs on the OPT Extension, as well as the content at 9.3 (9.3.1 to 9.3.3) does not appear to reflect the new cap gap functionality available after SEVIS 6.0. The chart and the guidance at 9.3 still state that when a petition is properly filed or waitlisted, the DSO must request a data fix in order to update SEVIS with cap-gap data so that an I-20 with cap-gap notations can be produced. However, since SEVIS 6.0, the DSO can make these changes through the cap gap functionality in SEVIS, which automatically creates a cap gap I-20, once the DSO has verified the proof of filing/waitlisting (see Release 6.0 Training Slides - F/M Users, slide 13). For receipted I-129 for cap subject H-1B, our understanding is that CLAIMS should automatically update the student request status in SEVIS from requested to pending, automatically triggering the cap gap functionality with extension to 9/30/09, and that DSOs would only need to request a data fix for receipted or approved H-1B petitions if the above functionalities do not work. Can SEVP please clarify? Summary of SEVP Verbal Response: The guidance on the chart has been updated. The action required by the DSO is to update the student s SEVIS record. Sections and have been updated to indicate that the functionality is available. 7. Batch error: Updating Employer Info Since the SEVIS 6.0 upgrade, the edit OPT employer functionality in batch returns as an error of S1038: OPT request must be made no later than 60 days after the program end date. This only happens for those individuals on an APPROVED period of OPT in which the current date is greater than 60 days after the end date on their I-20 program. However, this situation represents the vast majority of post-completion OPTs which will be active after the I-20 program end date. Furthermore, this is an edit that can be done in RTI without any problem and the SEVIS 6.0 functionality was believed to allow a batch edit to accomplish the same functionality. It appears there are rules in place that reject the 5

6 batching of OPT edit information and this may need to be revised in order to allow true batching of OPT employer information to SEVIS. Summary of SEVP Verbal Response: This question will be deferred until the April 22, 2009 call. In the interim, DSOs may need to submit through RTI. 6