1. OPT and CPT questions in SEVP s Spring 2008 PowerPoint

Transcription

1 SEVIS Technical and Plicy Cnference Call Wednesday, March 26, OPT and CPT questins in SEVP s Spring 2008 PwerPint RCL questins in SEVP s Spring 2008 PwerPint Update n new Requested status in SEVIS I-17 update recmmendatins in SEVP s Spring 2008 I-17 update PwerPint OPT validatin prject Clarificatin n prcedures fr pening branch campuses Distance educatin during final semester f study Reslving Frm I-515 if student/ev departs and reenters within 30-day perid Clarificatin n CLAIMS terminatin f SEVIS recrds when COS apprved Time-ut f J redesignatin applicatin OPT and CPT questins in SEVP s Spring 2008 PwerPint Hw des SEVP answer the questins psed in Slide 15 (Emplyment and Practical Training) f its Spring 2008 PwerPint The Link Between Student Regulatins and Actins in SEVIS, which are: What if: A student cmpletes 14 mnths f part-time CPT? SEVP Respnse: A student remains eligible fr OPT A student btains emplyment authrizatin fr pst-cmpletin OPT and des nt graduate? SEVP Respnse: USCIS will entertain requests t withdraw the EAD if the start date has nt passed. If a student is beynd the start date listed n the EAD, the EAD can n lnger be withdrawn.* Hwever, the student can cmplete OPT n a part-time basis while cmpleting the prgram. This is based n 8 CFR 214.2(f)(10)(ii)(2) which states a student may engage in OPT While schl is in sessin, prvided that practical training des nt exceed 20 hurs a week while schl is in sessin. * NAFSA nte: The representative frm USCIS Service Center Operatins stated n the call that sme USCIS Service Centers will nly allw a student t withdraw an I-765 until the I-765 is adjudicated; these Service Centers will nt revke an EAD nce it is issued. USCIS & SEVP will discuss further t determine a plicy regarding cancellatin, withdrawal and revcatin and USCIS will update Chapter 35 f the USCIS Adjudicatrs Field Manual. A student is accepted by and begins a new prgram f study while cmpleting OPT? SEVP Respnse: Pursuant t 8 CFR 214.2(f)(10(ii)(B), a student s OPT is autmatically terminated when he r she transfers t anther schl r begins study at anther educatinal level. 1

2 NAFSA nte: On the July 2007 SEVIS Telecnference, SEVP stated that when a student transfers, authrizatin fr OPT ends n the transfer release date because it marks the fficial release f a SEVIS recrd frm the transfer-ut schl t the transfer-in schl. Fr change f educatin level, OPT ends when the new I-20 is registered. 2. RCL questins in SEVP s Spring 2008 PwerPint Hw des SEVP answer the questins psed in Slide 7 (Reduced Curse Lad) f its Spring 2008 PwerPint The Link Between Student Regulatins and Actins in SEVIS, which are: What if: A student drps belw a full curse f study and asks fr a RCL a mnth later? SEVP Respnse: The student s recrd shuld be terminated. There are exceptins t this such as student hspitalizatin that make it impssible fr a student t request a RCL. DSOs must use sme discretin in these cases. A student authrized fr RCL in his r her final term fails the curse? SEVP Respnse: The student can be granted a RCL fr an additinal final term t finish the curse(s) necessary t cmplete the prgram. A student applies fr a RCL based n a medical cnditin while still in his r her hme cuntry? SEVP Respnse: The student can be granted a RCL if he r she prvides the required dcumentatin. NAFSA nte: SEVP further stated that the dcumentatin may cme frm any licensed dctr verseas. 3. Update n new Requested status in SEVIS 5.8 Slide 28 (Recent and Future SEVIS Releases: Upcming SEVIS release 5.8 (Sapphire)) f SEVP s Spring 2008 PwerPint The Link Between Student Regulatins and Actins in SEVIS, mentins the fllwing: New status f Requested fr OPT, F-1 ff campus emplyment, M-1 transfer and M-1 extensins Requests will nly be able t be cancelled when in Requested status Requests in Requested status ver 90 days will be flagged fr the DSO Requests that remain in Requested status mre than 180 days will be cancelled Culd SEVP prvide clarificatin abut the new requested status? Will USCIS change the status frm requested t pending nce an I-765 r I-539 is received? Will this ensure that recrds in pending status will nt be cancelled? Members are cncerned that there may be cancellatins when USCIS timely apprves the I-765 but CLAIMS has nt updated the recrd t apprved. Can yu tell us anything else abut this new status? SEVP Respnse: When a P/DSO requests OPT, OCE, M-Transfer, M-extensin in SEVIS, the request status will be set t Requested. Once the requests has been received by the Service Center and entered in CLAIMS, CLAIMS will send SEVIS a pending ntificatin fr this request. At this time, the request status will be updated t Pending in SEVIS. (NOTE: Currently, CLAIMS des nt send pending ntificatins fr these types f requests. We d nt anticipate that they will be ready t being sending pending ntificatins when 5.8 is implemented. If this 2

3 is the case, these request status may nt be updated t Pending prir t being adjudicated.) Requests in Pending status will have receipt numbers and therefre be cnsidered under review by the Service Center. Pending requests will nt be canceled by SEVIS. Requests in Requested status will nt be canceled until 180 days after the date the request was made in SEVIS. This date was determined under the advisement f the Service Center. NAFSA nte: Requests in requested status will nt be autmatically cancelled; SEVP must run a maintenance jb t identify and cancel these requests. T update a request t pending r apprved status, cntact the SEVIS Help Desk t request a data fix. 4. I-17 update recmmendatins in SEVP s Spring 2008 I-17 update PwerPint Slide 10 f the SEVP Spring, 2008 PwerPint Preparing fr Recertificatin: Hw t Keep Current Using Petitin Updates cntains several recmmendatins abut when a Frm I-17 shuld be updated, including the fllwing: A schl s president retires A DSO becmes a PhD We are unable t identify any regulatry authrity fr a requirement that the I-17 must be updated with this infrmatin, nr are we aware f any fields in SEVIS that culd be used t reprt this infrmatin. SEVP Respnse: This must be reviewed in cntext f the slide which is entitled: Which f the fllwing triggers petitin updates, slide 10. This entire slide is a grup exercise t help distinguish which tpics require actin, and which d nt. This bullet was added fr presentatin purpses, as the presenter is trying t draw the attentin f the listeners. This bullet was intended t prmte questin and discussin, maybe even draw a laugh r tw. Sme schls listed the President name in the Frm I-17 wnership field befre the centralized SEVP ffice was frmed. The Schl Certificatin Branch has been helping schls update this field s it will nt appear there has been a change f wnership each time the schl President retires but there are still petitins that d nt have this field crrect. When a schl president retires the update change shuld be t the actual wner name, whether it be a persn, crpratin r ther entity. 5. OPT validatin prject A large number f members have expressed cncern abut the OPT Validatin Prject. Culd SEVP please prvide further clarificatin n the OPT validatin prject, and the regulatry authrity fr this change in plicy n tracking emplyer infrmatin? Culd SEVP cmment n hw will the results f the prject will be used? SEVP Respnse: SEVP has been wrking clsely with NAFSA in drafting explanatry and prcudural infrmatin abut this prject which shuld be ed t affected schls by the end f this week. If yu d nt receive an frm SEVP by 14 April and yu currently have students n OPT send an t SEVIS.surce@dhs.gv with OPT Validatin in the subject. We will respnd yur questin within 2 wrk days r less. 6. Clarificatin n prcedures fr pening branch campuses Culd SEVP prvide clarificatin n the prcedure fr pening branch campuses? Fr example, an ESL schl wants t add a branch campus but has been tld that the branch must be established befre a petitin fr an I-17 may begin. This is prblematic as the students wh will attend the schl are nt yet in the US. Additinally, the schl wuld like t issue I-20s frm ne centralized lcatin, but has been tld that this is nt pssible. 3

4 SEVP Respnse: There are several factrs used in determining what is listed as a separate campus n the Frm I-17. Thse factrs include: 1. Percentage f curse wrk per term/semester cmpleted at the ff campus site. 2. Administrative capabilities f the ff campus site 3. Distance f the ff campus site frm the main campus 4. Meets the eligibility requirements as utlined in 8 CFR These factrs were determined thrugh U.S. law, federal regulatins, cnsultatin with the US Department f Educatin and research f USED recgnized accrediting bdy standards. One f the requirements fr eligibility is sufficient facilities (214.3) If a lcatin des nt meet the qualificatins fr a separate campus, with independent ability t issue Frms I-20, it must be determined if the lcatin may be used fr nnimmigrant student instructin. If a facility may be used fr nn-immigrant student educatin the lcatin must immediately be reprted t SCB, as guided by 214.3, independent f SEVIS reprting (i.e. r mailed dcumentatin). If the lcatin meets the qualificatins fr a separate campus, each campus listed must demnstrate it meets the eligibility requirements set frth in 8 CFR independent f the main campus because the Frm I-20 is issued fr educatin at the listed lcatin. If the separate campus is nt accredited it wuld have t prvide evidence in lieu f accreditatin fr the lcatin. 7. Distance educatin during final semester f study Under 8 C.F.R (f)(6)(i)(G), N mre than the equivalent f ne n-line/distance educatin class r 3 credits per sessin may cunt twards the "full curse f study" requirement. Culd SEVP clarify hw the restrictin n distance educatin curses impacts students wh are in their final semester? If a student has nly ne mre class t take in their final semester f study, may that class be a distance educatin class? SEVP Respnse: If a student needs nly ne curse t finish his r her prgram f study, it cannt be taken thrugh nline/distance educatin. There must be a physical presence requirement fr the curse. If a student remains in the United States withut reprting t any class, it becmes a security issue and cannt be allwed. 8. Reslving Frm I-515 if student/ev departs and reenters within 30-day perid Members wuld like t fllw-up n 2/09/05 questin regarding FIN ntatins n I-94 cards. Fr example, if a student r exchange visitr wh has received a FIN ntatin at the POE fr having incmplete dcuments departs the US within the 30 day perid allwed by the I-515, will an adverse mark remain n the student r exchange visitr s recrd? If nt, what is the crrect way t ensure that this is n adverse ntatin n the recrd in this situatin? In anther example, if a student is admitted t the cuntry and issued a Frm I-515, and the student departs the US and makes a new entry within the 30 day perid and des nt submit any evidence t SEVP t reslve the I-515, what is the prper prcedure fr reslving the 515? Is any further actin needed with regard t sending infrmatin t SEVP? SEVP Respnse: The FIN ntatin n the back f the I-94 admissin card hlds n dergatry/adverse mark n the students/ev s recrd. If a student leaves within the 30-days allwed they must fax their SEVIS Frm, a cpy f the I-94 card, the I-515A frm and cnfirmatin f departure methd (i.e., flight itinerary, airline ticket receipt, etc.) t (202) 353-4

5 3723 fr cmpliance updates t the system. Once this is dne, the student/ev has cmplied with the I-515A requirements and the cmpliance update will be sent t CBP/CEU. 9. Clarificatin n CLAIMS terminatin f SEVIS recrds when COS apprved Culd SEVP prvide infrmatin abut what cases wuld allw an active SEVIS recrd t be CLAIMS-terminated when a change f status applicatin is apprved? We have experienced this with change f status applicatins frm F-1 t H-1B, but recently experienced it with a change f status frm F-1 t F-2; the F-1 recrd was aut-terminated via CLAIMS. Culd SEVP clarify in what cases can schls expect t see CLAIMS terminatins? SEVP Respnse: If a COS apprval FROM an F-1 r M-1 is received frm CLAIMS, and the benefit start date is prir t the prgram end date n the FROM F-1 r M-1 recrd, SEVIS will terminate the FROM F-1 r M-1 recrd n the benefit start date fr reasn f Change f Status Apprved. This is regardless f what visa type the F-1 r M-1 is changing t. 10. Time-ut f J redesignatin applicatin A member reprted that their institutin filed a timely applicatin fr J prgram redesignatin in SEVIS and then prperly sent the supprting materials t DOS. Befre DOS adjudicated the applicatin, the request in SEVIS timed ut (after 60 days?) and the prgram received the fllwing *** DO NOT RESPOND TO THIS *** Regarding the fllwing Prgram Spnsr: The Department f State's Office f Exchange Crdinatin and Designatin recently deleted 477 frm yur alltment f Frms DS The reasn fr the deletin was Failure t apply fr re-designatin (62.60 (f)).. If yu have any questins, cntact the Office f Exchange Crdinatin and Designatin. Culd SEVP r DOS please prvide guidance n this situatin? Des the system delete a prgram autmatically if an applicatin fr redesignatin is nt adjudicated within a certain time frame, even if DOS has received the supprting materials? SEVP Respnse: The Office f Exchange Crdinatin and Designatin f the Department f State is unable t render a plicy decisin based upn a single situatin r ccurrence such as the ne described abve. The spnsr's fficials shuld cntact the apprpriate Divisin f the Office in rder t begin a dialgue t acquire guidance and/r reslve the matter. 5