SEVIS Technical and Policy Conference Call

SEVIS Technical and Policy Conference Call Wednesday, July 18, 2007 Contents: General Announcements... 2 1. Susan Geary, Director of SEVP, has accepted the position of Deputy Director in the Exchange Visitor Program at Department of State... 2 Technical... 2 2. Will SEVIS be updated to allow changes to a student s address while reinstatement is pending?... 2 3. March-April SEVIS performance slow-downs... 3 4. Could SEVIS be changed to allow separate reports on all ACTIVE and INITIAL status students?... 3 5. Any plans to make batch possible more than once per day... 3 6. Any plans for SEVIS to allow program extension beyond 12 months?... 3 7. OPT recommendation not printing on I-20 page 3... 4 Policy/Regulatory (Section answered by Susanna Warner)... 4 8. Who owns the F-1 and M-1 regulations?... 4 9. What level of authority do SEVP FAQ's hold?... 5 10. Flags and non-adverse SEVIS record terminations... 5 11. Use of FNU notation where student or scholar has only one name... 6 12. How should names with hyphens or apostrophes be entered in SEVIS?... 6 13. Any plans for J Academic Training functionality in SEVIS?... 6 14. Out of Country functionality for Professors and Research Scholars... 7 15. Plans for ARO title changes to print on DS-2019?... 7 SEVIS Next Generation (Questions answered by Jim Farr)... 8 16. General questions on plans for the Next Generation of SEVIS... 8 17. Any plans to allow data fix requests and other data submissions to be transmitted through SEVIS?... 9 Optional Practical Training... 9 18. Questions on when OPT terminates in school transfer process... 9 19. hen does OPT end for someone who is changing education levels?... 10 SAVE... 10 20. Is there a way to correct information in SAVE?... 10 Change of Education Level... 11 21. Several questions on use of the Change of Education Level function... 11 Transfers... 12 22. Transfers and the next available session... 12 SEVIS Conference Call. NAFSA Questions. July 18, 2007. 1

23. Release of terminated SEVIS records should be permitted... 12 24. Eligibility for on-campus employment in school transfer context... 12 M-1 Questions... 13 25. Any plans to allow I-20MN issuance with duration of more than one year?... 13 26. Any plans to change the M regulations to apply for extension of stay more than 60 days in advance of program end date?... 13 27. What is the status of prior questions submitted on M-1 issues?... 13 28. Next call: August 22, 2007 at 3:00 pm... 13 General Announcements 1. Susan Geary, Director of SEVP, has accepted the position of Deputy Director in the Exchange Visitor Program at Department of State Susan Geary has accepted the position of Deputy Director in the Exchange Visitor Program at Department of State and will be starting July 23, 2007. Louis Farrell, Deputy Director of SEVP, has been named Acting Director of SEVP as of July 18, 2007. NAFSA note: NAFSA would like to commend Susan Geary for her professionalism, clear communication, and commitment to continuous improvement and outreach to the academic community and associations who serve higher education. NAFSA looks forward to working with Susan Geary in her new capacity in the Exchange Visitor Program and Lou Farrell in his new role as Acting Director of SEVP. Technical 2. Will SEVIS be updated to allow changes to a student s address while reinstatement is pending? It is not possible to change a student's personal information (e.g. local address or home country address) in a terminated SEVIS record with reinstatement pending. Since SEVP will still need the student's most current address (the student remains in the U.S. and is ostensibly attending classes during that time), it seems more logical that we be able to update this information during the time that the reinstatement request is pending. Will SEVIS be updated to allow these changes, and if so, when? If not, what is the proper course of action for dealing with changes of address while a reinstatement is pending? Answer: We have created an SCR for this issue and will address it in a future release. As an additional note, P/DSOs should ensure their students are aware that if they have filed for an immigration benefit with USCIS, they must notify the Service Center of any address change. Failure to do so may result in the benefit receipts and decisions being sent to the incorrect address. NAFSA Note: After NAFSA requested clarification regarding the address updates to USCIS., SEVP confirmed the statement is only a general reminder about updating USCIS with address changes. USCIS will follow-up with NAFSA regarding the best way for students to advise the Service Centers of changes of address (i.e. on-line AR-11, etc.). SEVIS Conference Call. NAFSA Questions. July 18, 2007. 2

3. March-April SEVIS performance slow-downs SEVIS seems to have been slower since the last update. Twice in the last two months (March and April), SEVIS was either so slow that users could not log in or SEVIS crashed once users were able to log in. Is there a known cause for these lags (logging in, loading and changing screens), and are there plans to address it both now and in the next generation of SEVIS? Answer: There was a database issue in mid-april that resulted in slow response times, users not able to login, and eventually, the system being completely down. This issue required several disk drives and a disk controller to be replaced. There was also an issue with slow response times in March that was database related as well, but the issue seemed to have cleared up before the exact cause could be determined. The replacement of the disk drives and controller in April could have resolved this issue as well. Both incidents are not related to any SEVIS release or upgrade, and we believe the hardware replacements that occurred last month should have resolved the issues. We are closely monitoring the performance in order to quickly address any issues that occur. Regarding the next generation of SEVIS, yes, performance will be a very important factor in the design process. 4. Could SEVIS be changed to allow separate reports on all ACTIVE and INITIAL status students? It would be very helpful to be able to run a report in SEVIS of all ACTIVE status students. Currently, DSOs can run a report of ACTIVE and INITIAL status students, but it is in the same report. Can SEVIS be updated to create separate reports, specifically to be able to see the active status students without the initial status students in there? Answer: We have created an SCR for this issue and will address it in a future release. NAFSA Note: NAFSA inquired about the timeframe, and SEVP stated that this issue has not yet been scheduled for release. 5. Any plans to make batch possible more than once per day One of the major hesitations some members have with batching is the idea that we can only batch once per day and that the students would have to return the following day to pick up the new I-20, etc. Some members currently process everything in RTI. If two (or more) batches were possible per day, we could upload the changes at will and then generate the I-20s. Are there any plans to make batch possible more than once per day? Answer: Currently, users can upload batch files throughout the day, as often as they would like. The files are processed only at night in order to reduce the affect on performance. We are researching the possibility of adding another time for batch processing during the day. We will need to do some testing in order to ensure it does not affect performance. In addition, we want to be sure there would be no issues regarding data integrity, (e.g. if a user was modifying a record in RTI at the same time a batch upload was processed for that same record). Tests will be conducted using scenarios such as this as well. NAFSA note: SEVP also noted that Batch processes currently run at 10:00 pm EST and 4:00 am EST. 6. Any plans for SEVIS to allow program extension beyond 12 months? Is there discussion or a plan in place for future versions of SEVIS to allow for F-1 program extension beyond 12 months? If not, why not? Answer: The ability to add extensions for no more than 12 months acts as a safeguard. Technically, one gets extensions to complete their program if they have had to have a RCL or SEVIS Conference Call. NAFSA Questions. July 18, 2007. 3

have not completed their program on time. The extension option is a good monitor of normal progress. NAFSA note: Per 8 CFR 214.2(f)(7), a DSO may extend an I-20 for the time period required for the student to complete the program. Pursuant to SEVIS functionality, extensions may only be given in 12 month increments. 7. OPT recommendation not printing on I-20 page 3 A member reports that after recommending two students for OPT, the OPT recommendation did not print on page three of the I-20s. Is this a known issue, and if so, is there a fix in place for it at this time? Answer: The display of student employment on page 3 of the Form I-20 works as follows: Student Employment Authorization section The two most recent segments entered in SEVIS, which are in either Pending or Approved status and are not beyond the Employment End Date, will display. The most recent segment will be listed first. Current Authorizations section Current or future Approved status Curricular Practical Training (CPT), Off-Campus Employment, and Optional Practical Training (OPT) segments as well as Pending status Off-Campus Employment and OPT segments will display. The segments will be listed in descending order by the Employment Start Date. At this time there are no known issues with this functionality. To allow the SEVIS team to investigate these two students, please provide the SEVIS IDs and copies of the I-20s to the SEVIS Toolbox at Toolbox.SEVIS@dhs.gov NAFSA note: SEVP clarified that this answer was intended to give an overview of all employment requests, and that they can look into the specific cases to address them if the DSO can provide SEVIS IDs. NAFSA will follow up with the individual who submitted the question. Policy/Regulatory (Section answered by Susanna Warner) 8. Who owns the F-1 and M-1 regulations? There is a great deal of confusion regarding which DHS agency owns the F-1 and M-1 regulations regarding student programs, benefits and status maintenance. The SEVP FAQs at times seem to contradict certain USCIS and CBP practices. Are the regulations owned by USCIS, ICE or CBP? Answer: SEVP works in a complex, integrated environment in which it acts as a bridge for those Federal agencies, which have an interest in these particular nonimmigrant visa classifications. SEVP is currently responsible for 8 CFR 214.3, 214.4, 214.12 and 13. Other student-related regulations are in the process of being delegated to ICE. Please be aware any changes or interpretations of regulations are vetted collectively within DHS. It is important to note that many of the directives that end users see are the result of intensive intra-agency and inter-agency discussion. For example, recent concern with the increase in I- 515 activity will require discussions with the Department of State and the Customs and Border Protection (CBP). NAFSA Note: SEVP clarified that the specific student regulations in the process of being delegated from CIS to ICE are 8 CFR 214.2(f) and 214.2(m). As SEVP has a better understanding of the regulations and policy, SEVP will continue to formulate the regulations before vetting through ICE s Policy branch, as well as consulting with other agencies as needed. SEVIS Conference Call. NAFSA Questions. July 18, 2007. 4

9. What level of authority do SEVP FAQ's hold? We know that some DHS officials (POE, etc.) are citing SEVP FAQs as if they hold regulatory authority. What level of authority do the FAQ's hold? Answer: The FAQs themselves are not regulatory authority. What they represent is the agreed upon interpretation of the regulations and have been vetted within the concerned government entities including their legal counsel. SEVP develops FAQs based upon questions and feedback received from the user community at conferences and through SEVIS.Source@dhs.gov. SEVP reviews its FAQs periodically. Your input shapes the direction of future regulations and guidance. NAFSA Note: SEVP added that FAQs are also vetted by legal counsel at ICE and CIS as necessary. 10. Flags and non-adverse SEVIS record terminations SEVIS currently automatically flags a record terminated for a non-adverse reason, such as authorized early withdrawal or change of status approved. Students whose SEVIS records are terminated and therefore flagged are generally sent to secondary inspection when they return to the U.S., regardless of whether their terminations are for adverse or non-adverse reasons. We are aware of the current flag removal request procedure via phoning the SEVIS Help Desk. This creates work for the Help Desk, the CEU office, the student or Exchange Visitor, DSO/RO as well as the CBP officer. We understand that SEVP recognizes this is an area of concern. a. How will SEVP analyze the data coming from the SEVIS Help Desk flag removal requests in order to inform changes? b. Will there be flagless termination reasons in the future? c. How quickly can we expect this situation to be remedied? Answer: a. DHS has recently instituted DHS TRIP, a travel redress program. Any traveler who experiences travel problems due to screening when traveling and crossing U.S. borders can address these issues through DHS TRIP. These issues are limited to travelers who were: 1. Denied or delayed airline boarding; 2. Denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint; 3. or Continuously referred to additional (secondary) screening DHS TRIP serves as a single point of contact to resolve the problem. A student or his designated representative can file the necessary forms and provide the required documentation. The materials are reviewed and assigned to the appropriate agency. If the issue causing travel problems is the status of a SEVIS record, DHS will assign the case to ICE/SEVP. SEVP's Help Desk tracks redress requests forwarded to SEVP. Once the research is completed, the case analyst will confirm the updates have been completed and will close the case and will issue a formal response to the inquirer. NAFSA note: NAFSA asked whether schools should still send flag removal requests to the SEVIS help desk, as is the current process. SEVP current advice is for students to use DHS TRIP while DSOs/AROs can still report through the SEVIS Help Desk. If there is a change in this policy, SEVP will send out a broadcast message. SEVIS Conference Call. NAFSA Questions. July 18, 2007. 5

b. In regards to flagless termination reasons, SEVP is developing new codes for SEVIS that will identify the end of administrative (i.e., not prejudicial) events in SEVIS using nomenclature other than termination. Once this project is completed, SEVIS users will be able to determine upon inspection of the SEVIS record the circumstances surrounding the student s current record status. NAFSA Note: SEVP stated that in a future SEVIS release (possibly not until Release 6.0, which has not yet been scheduled for release), they will be changing certain fields in order to offer new options for SEVIS records. This will include creating an option to make a SEVIS record Inactive in cases where a non-prejudicial termination reason was used, and providing more information in the records so that POE officers can see additional details during their decisionmaking process. c. This is not a situation that will be remedied. Records are flagged for compliance enforcement purposes and are there to alert officials at ports of entry to look closer at this individual. It should not be used as the sole factor in denying admission to individuals. There are no plans to change the current process of placing flags on terminated records. 11. Use of FNU notation where student or scholar has only one name A student has only one name and the passport identity page lists the name as the given name (as opposed to the family name). Embassy officials will often follow the passport name and write FNU in the family name field on a visa stamp, and then the two documents don t match, which can create problems for the student when applying for a driver s license or Social Security number. Why would it be incorrect to put FNU in the family name section in SEVIS? Answer: This question will be deferred to next month s call. 12. How should names with hyphens or apostrophes be entered in SEVIS? During the NAFSA conference, SEVP representatives stated that DSOs/AROs are to use only alphabetical characters: A to Z in name fields in SEVIS. What are we to do with hyphenated names or names with apostrophes? Answer: Leave a blank space where hyphens or apostrophes are used. Again, for data integrity purposes, the hyphens and apostrophes can skew search results. NAFSA Note: The SEVP factsheet Improving Data Integrity in U.S. Government Systems with Information on Nonimmigrant Students states that DSOs should enter information consistent with the passport, including hyphens. If the names in SEVIS do not match the passport, visa, or other documents, there will be issues of data integrity and benign flags. SEVP will follow up with other agencies and report back to NAFSA. NAFSA will continue to work with SEVP to advocate for data consistency with respect to passport names. 13. Any plans for J Academic Training functionality in SEVIS? When will SEVIS provide an option to fully include Academic Training in SEVIS? The current workaround does not track the data in the same way in which an Academic Training field would. Answer: This request is under review. However, given the choice of scheduling academic training or scheduling and implementing a new regulatory exchange visitor category, the new regulatory category would most naturally be the first choice - especially in light of the workaround that is in place for academic training. NAFSA Note: There was no DOS representative on the call, so this question was not addressed further in the call. SEVIS Conference Call. NAFSA Questions. July 18, 2007. 6

14. Out of Country functionality for Professors and Research Scholars We understand that there will be a new out of country functionality in SEVIS which focuses on the Professor and Research Scholar categories and the implementation of the 5 year rule. a. Can you tell us what this out of country functionality will look like in SEVIS? b. When does DOS anticipate having the proposed out-of-country functionality available in SEVIS for J Research Scholars and Professors? c. What will this new functionality mean for J-2s in terms of their ability to remain in the US while the J-1 is outside of the US, pursuing his/her academic objectives related to the J-1 program? d. Will the J-2 s immigration status and SEVIS program status be clear for CIS (for EAD issuance), CBP (for entry without the J-1) and ICE (for proof of legal status) to see? e. What discussion has been had thus far about implementing similar functionality for J-1 students and F-1 students who might study or do graduate research abroad? Answer: a. As noted in the May 24 th letter from Stanley Colvin, Director, Office of Exchange Coordination and Designation, to Victor Johnson, Associate Executive Director, NAFSA, on this issue - the Department of State is examining the possibility of providing an out of country function in SEVIS in response to requests from the university sponsor community. If implemented, a sponsor can update a participant s SEVIS record to reflect that an exchange visitor is actively participating in their exchange program on a collaborative research project at his home institution or elsewhere outside of the United States, retaining Active status of the SEVIS record. b. If a determination is made to follow through with the implementation of the new functionality, it might be available late this year or sometime next year. c. If implemented, those J-2s remaining in the United States while the J-1 is actively participating in a collaborative research project outside the United States should not be impacted - as the J-2 carries the same status as the J-1, unless completed or terminated individually. However, the status of the J-1 s SEVIS record will depend upon the sponsor s officials continued maintenance the J-1 s SEVIS record of the J-1 primary. Properly maintained records for research scholars who are outside of the United States will reflect Active SEVIS status. d. Yes - as the status of the SEVIS record will remain - Active - for both the J-1 and any J- 2s. e. None. The creation of the "out of country" functionality addresses concerns specifically related to the Research Scholar/Professor categories; the two-year bar; and, collaborative research projects outside of the United States. NAFSA Note: There was no DOS representative on the call, so this question was not addressed further in the call. 15. Plans for ARO title changes to print on DS-2019? When will we be able to update titles of AROs in SEVIS? How long does the process currently take to make ARO changes (adding/removing AROs, changing titles) through paperwork? SEVIS Conference Call. NAFSA Questions. July 18, 2007. 7

Answer: As the title listed in SEVIS is not the title printed on the Form DS-2019 - the priority on this System Change Request (SCR) was identified by the Department of State as a low priority - thus permitting other higher priorities to be implemented (e.g., new regulations). However, we expect to see this in place by the end of 2007. NAFSA Note: There was no DOS representative on the call, so this question was not addressed further in the call. SEVIS Next Generation (Questions answered by Jim Fars) 16. General questions on plans for the Next Generation of SEVIS Can you tell us more about the Next Generation of SEVIS? How will it be different from the current version of SEVIS? Answer: SEVIS II will provide: More robust search and query capabilities Revisions of I-17 School Certification that would allow for timely updates to student records Enhanced payment system Enhanced entry and exit data Increased data integrity Historical data marts Less manual, more paperless Virtual forms NAFSA note: SEVP is in the process of mitigating requirements and hopes to finish by mid- August. SEVP is holding a SEVIS II Requirements Workshop on July 24 th and 25 th in DC, and again in August for government stakeholders. SEVP clarified that Historical data marts are points in time to query to ensure that database maintains integrity. B. What goals is ICE setting for this next generation? Answer: The goal is to have an operational SEVIS II prior to 2010. NAFSA note: SEVP is completing a business plan and has an aggressive timeline to have it up by late 2009 or 2010. C. Is there a timeframe for testing, and will current users be provided an opportunity for testing? Answer: Testing will be conducted prior to deployment of SEVIS II. NAFSA Note: NAFSA reiterated the need for current users to test the Next Generation of SEVIS before it launches. SEVP stated that there will be training opportunities (see below), but that they would also make a note of NAFSA s interest in testing prior to launch. NAFSA also noted the need to ensure that batch users and vendors would have enough time to adapt their products and test the new program before launching. D. Are there plans for offering training? SEVIS Conference Call. NAFSA Questions. July 18, 2007. 8

Answer: Yes, we expect more robust detailed training modules within the system that will train / refresh and provide help to end users on various subjects. We will also look at the feasibility of providing instructor based training as needed to the user community. E. So far in the discussions of the Next Generation of SEVIS, we have not heard how this will affect the Exchange Visitors. What is DOS envisioning for the new version of SEVIS? Would DOS like input from schools and programs regarding what functionality would be useful (i.e., similar to the feedback DHS collected through their town hall meetings)? If so, how would they like to collect the feedback? Answer: This question will be deferred to next month s call. 17. Any plans to allow data fix requests and other data submissions to be transmitted through SEVIS? We appreciate SEVP s understanding of members concerns regarding the submission of student and exchange visitor data via unsecure email. Are there plans to make changes in SEVIS which will allow for submission of data (for future SEVIS Validation Projects, flag removal requests, etc.) to occur within SEVIS? Answer: Not at this time. Optional Practical Training 18. Questions on when OPT terminates in school transfer process There is still some confusion in the field regarding whether OPT automatically terminates in the case of a school transfer on the transfer release date or when the student is registered in SEVIS at the new school, as the on-line help for SEVIS had a different answer than other sources. The SEVP Transfer FAQ for F-1 students says that the transfer guidance in the on line help for SEVIS regarding the automatic termination of OPT for a student transferring from one school to another is being corrected. a. Has the on line help now been corrected to reflect the information in the FAQ? b. Could you please explain the rationale for why the termination of OPT occurs at the transfer release date, when the release is only the first step in a transfer process that is not completed until the student s SEVIS record is registered at the transfer-in school? We understand that the transfer-out school does not have access to the SEVIS record to update addresses, etc. after the transfer-release date, but we think that SEVIS should be changed to conform to the regulation rather than policy be shaped by the limits of SEVIS programming. Answer: a. SEVP is in the process of correcting the on-line help so that it is consistent with the regulations and guidance provided by SEVP regarding student transfers and OPT authorization. NAFSA Note: SEVP stated that they do not have a timeframe for the correction to the on-line help. b. OPT authorization is not transferable. Authorization for OPT ends on the transfer release date because it marks the official release of a SEVIS record from the transfer-out school to the transfer-in school. Pursuant to 8 CFR 214.2(f)(10)(ii)(B), Authorization to engage in practical training employment is automatically terminated when the student transfers to another school The authorization for OPT, as well as ongoing reporting responsibilities, is by regulation tied to the school that maintains responsibility for the student s SEVIS record. A student cannot continue OPT that was recommended by a school that has released control of the student s SEVIS Conference Call. NAFSA Questions. July 18, 2007. 9

SEVIS record. DSOs at transfer-out schools have discretion in setting the transfer release date. The completion of OPT should be taken into account in determining the transfer release date. 19. When does OPT end for someone who is changing education levels? When does OPT end for someone who is changing education levels: When the COL I-20 is issued or when the new I-20 is registered? Answer: OPT ends when the new I-20 is registered. NAFSA note: SEVP clarified the differences between when OPT ends for transfers (when released) versus for changing education levels (when registered). The difference lies in the fact that the reporting requirement ends for the school when the student transfers and is released, while the reporting requirement does not end when a student does a COEL. SAVE 20. Is there a way to correct information in SAVE? Many resources are spent by DHS to verify data that is incorrectly listed in SAVE via the designated office in Los Angeles (Los Angeles Inquiry Unit) for F, M and J nonimmigrants. This incorrect information in SAVE often results in a delay in the issuance of a Social Security Number. We appreciate the ability to have the immigration data verified by DHS, but with the implementation of such programs as REAL ID and the I-9 Pilot Program, this resource will be tapped more than ever before. Is there a way to correct information in SAVE? Answer: DHS, SSA and DOS initiated an operating procedure more than three years ago to enable SSA officials to have access to SEVIS data as a secondary means to validate nonimmigrant authorization for the benefit. This is the process described in the question. It has resulted in a dramatic decrease in the number of cases where a nonimmigrant is declined. Prior to the process, they were being declined at a rate in excess of 20,000 monthly. Today, nearly 50,000 validations are sent to the Los Angeles SAVE office annually to compare with SEVIS data. Of these, greater than 96% are validated. A fraction of instances submitted to secondary validation, roughly 100 cases a month, get held up and require individual investigation and processing between SEVP and the SSA regional offices. These are, on average, resolved within 12 weeks. The number of cases that require handling beyond the primary use of SAVE could be reduced significantly if schools, programs and nonimmigrants gave greater diligence to complying with the guidance given in the SEVP Fact Sheet, "Improving Data Integrity in U.S. Government Systems with Information on Nonimmigrant Students" and in the Fact Sheets related to F, M and J nonimmigrants, respectively, addressing "Getting a Social Security Number. These are available on the SEVP website. SEVP and SAVE are near to making a major enhancement on the secondary validation process. We are establishing an interface between SEVIS and SAVE. SAVE is the central "clearing house" that shares DHS data within the government and with external users, while ensuring necessary protections of privacy and security. The immediate benefit of this SEVIS - SAVE interface is that SSA local offices will have limited ability to view SEVIS data through SAVE, virtually eliminating the need to deal with the Los Angeles SAVE office. NAFSA note: SEVP is currently testing the SEVIS/SAVE interface and it should be up within the next six months. SEVP s Susanna Warner stated that FAQs provide more information on how DSOs can help student/scholars with these issues. For information on the SSA process, review the the following SEVP fact sheets and FAQ: F/M Nonimmigrants: Getting a Social Security Number (PDF) SEVIS Conference Call. NAFSA Questions. July 18, 2007. 10

J Nonimmigrants: Getting a Social Security Number (PDF) F-1 and M-1 Students: Social Security and Tax Issues. For information on avoiding or correcting data discrepancies (on I-94 and other documents), review the SEVP fact sheet and FAQ: F/M/J Nonimmigrants: Managing Information that the U.S. Government Needs About Nonimmigrants During Their Visit (PDF) Improving Data Integrity in U.S. Government Systems with Information on Nonimmigrant Students Change of Education Level 21. Several questions on use of the Change of Education Level function We d like to have SEVP s comments on the following: a. When is it NOT appropriate to use of the Change of Level functionality? Answer: It is only appropriate to use the Change of Level functionality when a student completes a program of study and begins a new level of study. b. What would be appropriate when a student is pursuing a Master s degree and then decides to ADD a PhD before finishing the Master s degree? Answer: If a student decides to simultaneously pursue both a Master s degree and a PhD, students and school officials need to be cognizant of the fact that the student will not be eligible for OPT after completion of the student s Master s degree if the school immediately changes the student s educational level to that of PhD as soon as the student enrolls in that level of classes. It is suggested that if a student desires to receive OPT at the completion of each program level, that the school let the student s Form I-20 reflect their attendance in the Master s program until that program of study is completed, and treat the attendance in the PhD program as concurrent study. This way, the student may apply for and receive OPT after completing their Master s program. Once the Master s level OPT is completed, the school can perform the COEL to the PhD level, and the student can be eligible to receive OPT after that level of study too as current regulations read that OPT is only available to those students advancing to a higher educational level. A student whose Form I-20 only reflects the PhD level program but who is actually studying both a Master s and a PhD at the same time will only be eligible for OPT once after the completion of both programs of study. A student who will complete both programs of study at the same time should have their Form I-20 reflect the PhD program and will only be eligible for one period of OPT at the end of both programs of study. c. What would be appropriate when a student is pursuing a PhD and decides to abandon that degree for a Master s degree? Answer: The Program Information Update function should be used when a student makes a change to his or her current program of study prior to completion of the program. This includes dropping down from a PhD program to a Master s. d. What would be appropriate when a student is transitioning from ESL to a degree? Answer: Since ESL programs are usually taken by students in preparation for their studies at an advanced academic level, this change of level should be accomplished using the COEL functionality regardless if the student completes the ESL program as originally anticipated (In all three examples used here, the student did not complete the initial program.) SEVIS Conference Call. NAFSA Questions. July 18, 2007. 11

Transfers 22. Transfers and the next available session The CFR indicates an F1 transfer student must begin courses at the new school within 5 months of the previous program end date. The SEVP Transfer FAQ on the ICE website indicates a transfer student must begin courses at the new school school's next available start date. Should schools require a transfer student to begin the next available session, or is it acceptable to permit a transfer student to begin any available start date within the allowable 5 month period? This issue often arises with students in programs with non-traditional academic calendars. Answer: Students should start at the next available session unless the next session is the normal vacation period and the student has been attending classes for a full academic year prior to the session. In any case, the student must begin school within 5 months of the last date of classes at the transfer-out school. NAFSA note: NAFSA asked SEVP to clarify the requirement that a student attend a full academic year with the following hypothethical: ESL student finished an ESL program which was not a full academic year and is transferring to a school to begin a bachelor s degree. SEVP s Susanna Warner answered that if the ESL student was transferring to another ESL school, they would have to transfer to begin in the next available term. However, if it was a change of educational level and the transfer-in school does not begin until August, the student would be allowed to begin in August. The student would not be required to attend a summer session, even though they did not attend for a full academic year, if the summer was a normal break at the transfer-in school and the start date was still within 5 months of the last date of classes at the transfer-out school. A member of the SEVIS Help Desk also asked if SEVP could confirm that for students who are outside the US during the transfer, the transfer still has to happen within 5 months of the last day of classes. SEVP will follow up. 23. Release of terminated SEVIS records should be permitted We understand that SEVP plans to change its Transfer FAQ regarding the transfer of a terminated SEVIS record. NAFSA has previously communicated to SEVP its position that the regulations do not support prohibiting this practice. Can you please confirm that a DSO may use the already-existing SEVIS functionality to release a terminated SEVIS record for the purposes of a reinstatement application at a new school? Answer: Yes, we will now permit the transfer of a terminated record to an SEVP-approved school that recommends reinstatement for the student. NAFSA Note: NAFSA inquired when the Transfer FAQ would be changed to reflect this update, and SEVP stated that they are still looking into the transfer of a completed status record, and that they would not make changes to the FAQ until that issue had been resolved. 24. Eligibility for on-campus employment in school transfer context A student who has completed/graduated at one school plans to transfer to another school at the following semester to begin a new program of study. Can he continue his on-campus employment at the previous school before his SEVIS release date without an EAD although he has already graduated from the previous school? Can the same student start on-campus employment at the new school after the SEVIS release date but more than 30 days prior to the program start date? SEVIS Conference Call. NAFSA Questions. July 18, 2007. 12

Answer: Students cannot work on-campus after completing a course of study unless it is part of their OPT. He can begin on-campus work at the new school immediately after the transfer release date. The requirement that students cannot begin working more than 30 days prior to the program start date refers to initial entry F-1 students, and does not apply to a continuing COEL student. M-1 Questions 25. Any plans to allow I-20MN issuance with duration of more than one year? Are there future plans to change the regulations to allow an I-20MN to be issued with a duration longer than one year? Many M-1 certificate programs continue beyond one year. Answer: No, not at this time. 26. Any plans to change the M regulations to apply for extension of stay more than 60 days in advance of program end date? Are there future plans to allow an I-20MN to be extended in SEVIS more than 60 days from the I-20MN end date? Currently CIS is taking longer than 60 days to process I-539 applications to extend nonimmigrant status. Answer: Not at this time. This would require consultation with USCIS to determine if this is a systemic issue. NAFSA note: USCIS SCOPs stated that the issues are already being considered in consultation with SEVP. 27. What is the status of prior questions submitted on M-1 issues? What is the latest information regarding the questions that were submitted at the February SEVIS Liaison call to SEVP regarding OPT, extension of visa status and M-1 students? The February SEVIS liaison call stated that these questions would be answered with the March SEVIS liaison call. Answer: They are in legal review by USCIS counsel. NAFSA Note: NAFSA inquired about the timeframe for the completion of USCIS counsel s review, and USCIS stated that while they were unable to provide a timeframe, the issue is still moving forward. 28. Next call: August 22, 2007 at 3:00 pm SEVIS Conference Call. NAFSA Questions. July 18, 2007. 13