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Immigration News 

The fall, 2007 orientation  for new international students is scheduled for Friday, August 17, 2007 from 9 a.m. to 4 p.m. in room 530  Harrison B. Wilson Hall.   This orientation  is mandatory for all new international students.  If desired, you may accompany the group on a shopping trip after the orientation session to purchase necessities.

The move-in date for the residence halls is August 11, 2007 which is also the date of the last orientation for all undergraduate freshman and transfer students.  The following week is Freshman Transition Week, and classes begin on Saturday, August 18.

While international graduate students are not required to attend the August 11 orientation session, they are required to attend the session for international students scheduled for August 17.  Please arrive in the United States prior to this date.  

Immigration News Archives

Immigration Reform Update
Posted: 09/28/2006

There has been extensive national and local reporting about the immigration reform debate in Congress. The debate over immigration reform continues between those who believe immigration must be dealt with in a comprehensive package and those who would move an “enforcement-only” agenda. Pressure continues to mount as both the House and Senate remain on target to adjourn on Friday, September 29, to allow members of Congress to focus on the upcoming mid-term elections. more...

Applications for the 2008 Diversty Visa (DV) Lottery will be accepted between noon Eastern Daylight Time (EDT) (GMT-4),  Wednesday, October 4, 2006 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 3, 2006. Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.gov during the registration period. more...

USCIS District Offices Stop Issuing EAD Cards
Posted: 09/28/2006

Until recently, individuals who have filed form I-765/Employment Authorization Documents (EAD card) had the option of visiting a local USCIS field office to obtain a temporary Employment Authorization Card (EAC) when their application has not been approved within 90 days of filing. The local offices would issue the temporary card on-site eliminating the possibility that the applicant would be forced to spend time without work authorization while the EAD was being processed.

The USCIS recently announced that as of September 1, 2006, EAC cards would no longer be issued at the local offices  more...

While much of the discussion and media coverage has centered on illegal immigration, this legislation does include provisions reforming the immigrant and non-immigrant visa systems in order to reduce the current backlog.
Provisions in Title V of the “Comprehensive Immigration Reform Act of 2006” introduced by Sen. Arlen Specter (R-PA) propose the following changes:

• Increase of the employment-based immigration numbers from 140,000 to 290,000.  more...

The United States has extended the length of time foreign students may be issued student visas, and will issue student visas up to 120 days before classes begin, as compared to 90 days under previous regulations, the State Department announced February 14.  more...

As we indicated in previous issues of the Voice, April 1, 2006 signaled the first eligible day of filing for H-1B petitions to commence October 1, 2006. April 1 represented the end of the waiting period caused by the H-1B cap, the wait having started when the cap was met. Did you know you can monitor the progress of this year’s cap online? The USCIS updates the cap numbers here:

http://uscis.gov/graphics/services/tempbenefits/cap.htm

H-1B1 Application Requires Additional Fee/ Prevailing Wage Rule Revoked
Posted:  03/11/05

All employers who wish to petition an H-1B are now required to pay a $500 "Fraud Prevention and Detection" fee in addition to the $185 filing fee.   This $500 fee will be charged only for initial hires and for those who wish to change employers, not for those seeking an extension.

Also, the “prevailing wage 5 percent rule”, which considered employers who pay at least 95 percent of the prevailing wage as having met the prevailing wage requirement, has been eliminated.    Employers are now required to pay at least 100% of the prevailing wage to comply with the wage requirement.

Change in Requirements for Obtaining Social Security Card
Posted: 09/28/04

The Social Security Administration (SSA) has reenacted the regulation that makes it mandatory that international students have an offer of employment prior to applying for social security numbers.  Effective October 13, 2004, international students must present a letter from the DSO acknowledging full-time employment as well as a letter from the employer stating the terms of employment to the SSA representative.  In addition to the two letters, you must also continue to present your passport, I-94 card, I-20 form, and student ID card.

Change in Photo Requirements
Posted: 08/04/2004

U.S. Citizenship and Immigration Services (USCIS) is making the photo requirement simpler!  As of August 2, 2004, the photo requirement for all applicants will change from the three-quarter face position to a standard, full frontal face position (passport-style photo).  USCIS will accept both three-quarter and full color frontal photographs until September 1, 2004 after which only full frontal color will be accepted. 

For more information on photo standards, visit the Department of State website or contact the USCIS National Customer Service Center at 1-800-375-5283.

DHS Allows H-1B Cap Gap Extensions for F-1 and J-1 Students
Posted: 08/04/2004

The Department of Homeland Security (DHS) published a notice in the Federal Register on July 23, 2004 that extends the duration of status of F and J students who have applied for change of status to H-1B but whose status expires before October 1, 2004. 

The notice extends their status if the U.S. Citizenship and Immigration Services received a timely-filed request for change of status to H-1B by July 30, 2004 with a start date of no later than October 1, 2004.  For the student to qualify under the terms of the notice, the H-1B petition must have been filed before the nonimmigrant's authorized stay expired. 

The notice also applies to F-2 and J-2 dependents.  It does not apply to J-1 exchange visitors other than students, nor does it apply to J-1 students subject to the two-year home residence requirement.

USCIS Issues Final Rule on SEVIS Fee Collection
Posted: 08/04/2004

Beginning September 1, 2004, international students and exchange visitors will be required to pay a $100 fee prior to obtaining their visas, according to final rules published July 1, 2004 by the Department of Homeland Security (DHS).  The fee will cover the costs for the continued operation of the Student and Exchange Visitor Information System (SEVIS).

Foreign students and scholars will have the option to pay with a check by mail or with a credit card via the internet.  DHS will also accept fee payment by third parties, including those outside the United States.  The Student and Exchange Visitor Program is continuing to explore additional methods of payment and will provide notice as new methods are implemented.

USCIS Raises Fees for Immigration Benefit Applications and Petitions
Posted: 1/14/2004

Effective April 30, 2004, the United States Citizenship and Immigration Services (USCIS) will raise fees for common immigration benefit applications and petitions.  The fee to apply for some services will be raised by as much as $60.

For example, the fee to apply for employment authorization, which used to be $120 will now be $175; and the application to extend or change nonimmigrant status, which was $140 will now be $195.

Application Processing Time Averages Now Posted on Website
Posted: 2/11/2004

The United States Citizenship and Immigration Services (USCIS) has begun posting average application processing times on its web site.  To check the status of your case or to view average application processing times, visit the website at  https://egov.immigration.gov/cris/jsps/index.jsp .

DHS Eases Some Special Registration Requirements
Posted: 1/15/2004

The Department of Homeland Security (DHS) has published a rule that amends several requirements associated with the Special Registration Program.  Under the new rule, persons subject to Special Registration are still required to use designated ports of departure, but are no longer subject to 30-day and annual re-registrations. 

However, DHS retains the option to call in individuals for re-registration on a case-by-case basis.

USCIS Changes Name
UPDATED 08/04/2004

The Bureau of Citizenship and Immigration Services (USCIS) has changed its name to the United States Citizenship and Immgration Services (USCIS).  The Vermont Service Center (VSC) has reported that checks for payment of fees for any application or petition sent to the VSC should be made payable to "U.S. Citizenship and Immigration Services".  The address for the VSC remains the same, however, you should use the new name.

Furthermore, the USCIS webpage is now located at http://uscis.gov  .

New Developments from the Social Security Administration
Posted: 10/25/2004

Various international advocate groups met with representatives from the Division of Homeland Security (DHS) and the Social Security Administration (SSA) to discuss new procedures to assist the SSA in verifying the status of F and J visa status holders more expeditiously.   The result will be faster turn-around time for international students and exchange visitors who apply for a social security number.   The target date for implementation of the new procedures will be December 1, 2003. 

SSA officials will continue to require letters from schools verifying that students are enrolled for a full course of study.  Officials had previously required schools to verify that a job offer had been made to the student before a Social Security Number would be issued.  SSA indicated they are currently not requiring the job offer letter, but may reinstate the requirement in the future.

Special Registration
UPDATED 07/11/2004

"Special Registration" is the first phase of a new system that will help the government keep track of  non-immigrants.  Currently, only non-immigrants who are nationals or citizens of specific countries and other non-immigrants who have been designated by the State Department at American embassies or consulates, as well as non-immigrants identified by the U.S. Citizenship and Immigration Services (USCIS) officers at airports, seaports and land ports of entry, are required to register. 

Citizens or nationals of the following countries are subject to Special Registration requirements:
Iran, Iraq, Libya, Sudan, Syria, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North
Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen, Pakistan, Saudi Arabia,
Bangladesh, Egypt, Indonesia, Jordan, or Kuwait.

Individuals who have registered are restricted to certain ports when exiting the U.S. and required
by law to report to a USCIS office at the airport.  Failure to follow procedures can result in a refusal for re-entry.
Individuals who have registered are required by law to report a change in name or address to USCIS within 10 days of the change by completing a Form AR-11SR.  Failure to comply with the law can result in extreme consequences. 
For more information about Special Registration, please visit the USCIS website.

INS is defunct and has been replaced by three separate bureaus
Posted: 8/04/2004

U.S. Citizenship and Immigration Services (USCIS) is responsible for most of the application and petition adjudications formerly completed by the INS. Currently, all INS forms, fees, office addresses, and most procedures are the same. Filing fees (checks or money orders) should be made out to U.S. Citizenship and Immigration Services.
U.S. Customs and Border Protection (CBP) is responsible for inspections at U.S. ports of entry, for the Border Patrol, and for the Customs Service.

U.S. Immigration and Customs Enforcement (ICE) is responsible for investigations, detention, removal, intelligence, and SEVIS (Student and Exchange Visitor Information System).

International students have new restrictions on on-line coursework
Posted: 10/21/2003

New federal regulations have placed restrictions on international (F-1) students with regards to on-line coursework.  Only 3 hours of on-line or distance learning courses may count toward full-time enrollment.

Violation of this policy will result in the termination of your SEVIS record and will require a petition to the U.S. Citizenship and Immigration Services (USCIS) to reinstate your F-1 status.

VA DMV to require proof of US citizenship or legal presence
Posted: 10/09/2003

Beginning January 1, 2004, Virginia law requires all applicants for first-time Virginia driver's license, expired licenses, suspended, revoked, or cancelled licenses, and all ID cards to provide proof of US citizenship or legal presence.  Legal presence refers to government authorization to be in the United States. 

US citizenship and/or legal presence can be proven using documents such as a US birth certificate or US passport, Certificate of Citizenship, Resident Alien Card, or a valid foreign passport with a visa, I-94, or I-94W with a participating country.  The Division of Motor Vehicles (DMV) will publish a complete list of documents that will be accepted as proof of legal presence no later than December 1, 2003. 

For more information, visit their website at https://www.dmv.state.va.us/index.asp . 

Changes in address or ID (social security) number
Posted: 7/01/2003

Any F-1 non-immigrant student who changes his or her address or social security number must notify the Designated School Official (DSO) in the Office of International Student and Scholar Services at 330 HBW Hall within 10 days of the change so that the national Student and Exchange Visitor Information System (SEVIS) database can be updated to reflect the change. According to Division of Homeland Security (DHS) officials, it is the responsibility of the student to report these changes and the consequences of failing to file a report can include deportation. 

All other non-immigrants should report changes in address within 10 days of the change to the USCIS by filing a form AR-11.