Texas Service Center - NAFSA Liaison Conference Call
August 28, 2006
Agenda Items:
1. Introductions of NAFSA members/staff and TSC staff
2. Update from Texas Service Center
3. NAFSA Updates/General Comments
4. General concerns
5. I-765 Issues
6. I-539 Issues
7. Employment Based Issues
8. Format for next liaison meeting
1. Introductions
2. Updates from Texas Service Center
Please feel free to provide NAFSA members with any updates which may be appropriate for our members.
NAFSA Note: Texas Service Center reported that they are assisting Vermont Service Center with 20,000 cap-subject H-1B cases. The goal for the H-1B backlog elimination at VSC is end of September 2006.
3. Updates/General Comments
NAFSA Region III will host a regional conference this year at the Peabody Hotel in Little Rock, Arkansas. The conference is scheduled for November 6-9, 2006. Region VII will host a regional conference in Charlotte, NC, November 12-14. We would like to have TSC representation at both conferences, if budget allows. We have forwarded an invitation to Katie Harris Westerlund at USCIS Service Center Operations now that USCIS has centralized the conference invitation process.
4. General concerns
A. Are there any specific trends or problem areas, noted by TSC, which should be communicated to NAFSA membership?
Please include student’s name as appears on the application, DOB and receipt # (if you have it) when inquiring about a case.
We have noticed that some schools use labels on I-765 applications for the school address, it often conceals line #2 on the I-765 application “other names used (include maiden name)”.
NAFSA Note: please make sure that students and scholars sign their forms I-20/DS-2019 before submitting them to TSC with applications. The forms need to be signed BOTH by the DSO/ARO and the student/scholar.
B. Can you tell us about the next phase of bi-specialization and how it’s going to affect applications currently filed by students and scholars at TSC? Do you know when F-1 reinstatement applications will be transferred to Service Center jurisdiction, and which Service Center will adjudicate them?
The next phase of bi-specialization will not go into effect until all forms can be direct mailed to the adjudicating center. No time frame has been set for the next phase.
C. How have the e-mail address and the fax NAFSA Inquiry line been working? NAFSA members are reporting that the response time has slowed down and sometimes they don’t get a response to an inquiry at all. Has the process of responding to these inquiries changed? How soon after faxing or e-mailing an inquiry should NAFSA members expect a response?
The NAFSA process has not changed and NAFSA inquiries should be acknowledged within a 24 to 48 hour window.
NAFSA Note: the fax inquiry line is the preferred method of communication with TSC.
D. There is a lot of concern in our membership about the backlog in processing all types of applications, but especially I-539s and I-765s. Is TSC making arrangements to resolve these delays?
We are currently within a 60-day processing time for these two form types.
NAFSA Note: DSOs can fax TSC the NAFSA Inquiry Form if they have I-539 or I-765 applications that have been pending for over 60 days. DSOs should utilize this resource, of course, ONLY if the student needs the benefit as soon as possible (examples for I-765 applications: student needs to start employment on OPT asap or travel abroad asap; examples for I-539 applications: student needs to start classes or on-campus employment asap).
5. I-765 Issues
A. Are there any common mistakes or problems with I-765 applications that TSC is noticing?
Please put the course completion / graduation date in the “comments” section on page 3 of the I-20. The more information in the comments section will help with the adjudication process and prevent RFEs.
B. DSOs are continuing to notice that even after OPT is approved and the EAD is issued, students’ records still say “OPT pending” in SEVIS. We know that the problem has been brought to the attention of HQ and SEVP, and that a mass data fix was implemented in May 2006, but the problem seems to be reoccurring.
1) Do you have any new information on this issue?
HQ and SEVP are still collecting data in an effort to identify why this is occurring to ensure that it has been fixed.
If this should occur please send in the receipt numbers so we can try and identify the problem.
2) What is the procedure/communication used between TSC and SEVIS to update SEVIS records from "OPT pending" to "OPT approved" that appears on the "student on OPT" list in SEVIS? Can that update be accelerated? Sometimes records get updated and changed to "OPT approved" well after the actual date of approval.
When we become aware of these issues we contact help desk to correct the system.
C. NAFSA members have noticed that processing times for OPT applications have increased from 3-4 weeks to 10-12 weeks. Some applications are approaching 90 days in pending status.
1) Can you give us an insight into any workload shifts and priorities in terms of TSC’s processing of EADs?
We are currently at 60 days on EAD cards.
2) Some DSOs also noticed that applications are not always adjudicated in chronological order (for example, some that were filed in June are being adjudicated before the ones filed in May). Is there a specific reason for this phenomenon?
We try and work all form types in date received order.
D. Since interim EADs will not be issued at local USCIS offices as of October 1, 2006, will TSC’s processing of I-765 applications return to under 90 days? What recourses will we have for cases pending for longer then 90 days?
The goal is to adjudicate all I-765s within 60 days from the date of filing.
E. Will TSC entertain requests for expediting OPT cases where the student has a job offer starting very soon? What would be the procedure for requesting an expedite in this situation?
NAFSA Note: expedite requests are considered by TSC, but the applicant has to demonstrate very severe circumstances (like a medical condition) in order for the expedite request to be approved. DSOs should consult their NAFSA Regulatory Ombuds in order to evaluate an expedite request before submitting it to TSC.
F. If OPT applications are approved after the requested start date, how are the start and end dates affected (i.e., is the start date changed to the approval date and the end date is altered to allow for 12 months if within 14 months of the completion date)? Is this only done if it is requested in the comments?
If adjudicated after requested start date, we will grant OPT for the maximum time allowed from the date of adjudication, within the 14 month window.
G. How does TSC deal with two benefit applications for the same applicant? A NAFSA member reported that she has a student who has filed for OPT, as well as for asylum. Since she is not sure when the asylum application will be adjudicated, she would like to receive her OPT and start her employment. Will TSC normally adjudicate an I-765 request for OPT while an asylum application is pending?
If the applicant is eligible for the benefit being requested then we will grant the benefit.
6. I-539 Issues
A. Is there any new advice or requests you would like to share that will help you receive better change of status applications from our students (i.e., change to F-1), scholars (i.e., change to J-1) and their dependents (i.e., change to F-2, J-2, H-4, etc)?
To minimize the number of requests for additional information applicants should submit evidence of eligibility at the time of filing the application for their change of status. Such evidence may include evidence the applicant has funds to cover academic and living expenses (such as current bank statements), a photocopy of the I-94 card, reason for requesting the change of status, I-20 forms, evidence of relationship, etc.
Any application changing to and/or from a “J” status must include Form DS-2019. As well as any change to and/or from an “F” status, must include Form I-20. For example, changing status from J1 to F1 and vice versa, many applications do not include both forms the DS-2019 and I-20. Another example, is changing from J1 to B2, applicant must provide DS-2019. Dependent applicants require their DS-2019 and I-20 as well.
B. At our last liaison meeting in March 2006 we asked the following question: “It has been reported that a change of status from F-1 to F-2 was denied because the student submitted the I-539 during her grace period. Can you clarify if an I-539 application is considered properly filed if it is submitted during the grace period?” You responded at the time that you were waiting for clarification from HQ on this issue. Have you received the clarification from HQ?
The regulations do not prohibit COS during the grace period.
C. NAFSA members have reported that often times students who applied for a change of status to F-1 never receive their I-20s back from TSC, even though they receive their approval notices (at one school, it happens in about 25% of cases).
1) Can TSC address this issue? How and when are the I-20 and the approval notice mailed to the applicant once a change of status is approved?
I-20s are mailed within 3 days after approval.
NAFSA Note: approval notices are system-generated and are mailed separately from a centralized location. It is not possible to mail approval notices and I-20s together in the same envelope, but both are mailed to the same address.
2) DSOs have sent NAFSA inquiry faxes to request that the I-20s for change of status applicants be mailed to the school but have not had much luck with those requests. While we consider the I-797 and I-94 official proof of F-1 status, this is causing our students problems with local SSA offices because they expect to see the stamped I-20 and the I-797 notice. What can be done to get the stamped I-20 back from TSC?
The I-20 and the approval notice are both mailed to the address on the application or to the attorney of record.
Please ensure that these requests are sent to the designated NAFSA fax number. (214-962-1450)
D. Will TSC entertain requests for expediting I-539 applications, especially change of status from F-2 to F-1 where there is an assistantship involved? What would be the procedure for requesting an expedite in this situation?
NAFSA Note: expedite requests are considered by TSC, but the applicant has to demonstrate very severe consequences (like a medical condition) in order for the expedite request to be approved. DSOs should consult their NAFSA Regulatory Ombuds in order to evaluate an expedite request before submitting it to TSC.
E. How/when does TSC want us to notify you if a pending change of status applicant decides to travel and needs to cancel the I-539 application?
By sending in a withdrawal request from the applicant via the DSO through the NAFSA mailbox () or NAFSA fax 214-962-1450.
NAFSA Note: if sending the withdrawal request by e-mail, the DSO should scan the applicant’s signed letter and attach it to the e-mail; a withdrawal request in the body of the e-mail message is not sufficient.
NAFSA WARNING: If the I-94 has expired at the time the applicant decides to travel, do not withdraw the application until the date of departure from the U.S. to avoid the applicant’s being found unlawfully present.
F. Can TSC clarify what types of documents are required for a change of status from B-2 to F-1? A DSO reported that in one case TSC requested proof of a round-trip ticket and 3 months of bank statements.
The required documents are: I-94 card; evidence the applicant has funds to cover academic and living expenses; Form I-20; evidence applicant has paid SEVIS I-901 fee.
NAFSA Note: DSOs should be aware of the fact that a rapid sequence of events may be a reason for a denial of a COS application from B-2 to F-1: if the student enters the U.S. and shortly after applies for a COS to F-1, TSC may deny the application due to the fact that the student most probably knew he/she wanted to be a student and should have applied for an F-1 visa at the U.S. Consulate abroad.
G. At the NAFSA National conference in May 2006, USCIS Service Center panel requested that original I-94 cards be mailed in for all change of status applications. We had not been doing this in the past with TSC. Does TSC expect us to begin sending original I-94 cards (instead of a copy) based on the USCIS statement at the NAFSA conference?
TSC will accept photocopies of I-94s.
7. Employment Based Issues
A. We have noticed a lengthening of processing times for I-129 receipt notices at Vermont Service Center since bi-specialization took place on April 1, 2006. Some H-1B petitions are portability cases where a receipt is necessary for the person to begin employment at the new institution. What is HQ’s guidance to all Service Centers in terms of processing times for receipts? Are there general guidelines that Service Centers follow or is it up to the individual Service Centers to establish processing times for receipt notices?
The USCIS website under Forms and Fees says processing times are taking longer than expected due to the unusually large volume of receipt and that it may take 14 days to get receipts into the mail. This same note continues, “USCIS wishes to assure all customers that the original received date will be honored and recorded on the receipt notice. This date will appear in the “Received date” box on Form I-797, Notice of Action. The received date is different from the “Notice Date,” which also appears on Form I-797.”
B. Vermont Service Center has a policy of not adjudicating an I-129 without an I-612 that is pending at another Service Center, even if the Department of State’s waiver recommendation is included. In the past, Texas Service Center has always approved H-1B petitions with just the Department of State’s waiver recommendation.
1) Is TSC aware of this policy at VSC?
2) From TSC's point of view, does VSC have discretion not to issue H-1B approvals without an I-612 or is it HQ's guidance to all Service Centers?
3) In light of VSC’s current policy, does TSC plan to accelerate the processing I-612s (current processing time is around 4 months)?
For all Service Centers, officers should consider that the recommendation letter is not the waiver. If no waiver has been entered in CIS nationwide, however, the adjudicator can take State’s recommendation letter for either Interested Government Agency or No Objection waivers and have data entered a fee-waived I-612 application and adjudicate it. If a waiver is already pending at another Service Center, we must contact that Service Center to ask them to process the waiver. A change of status cannot be approved without the waiver, if one is required.
TSC is currently processing all I-612s within 90 days.
C. Ports of entry sometimes issue I-94 cards for H-1B visa holders only for the duration of the passport as opposed to the length of the I-797 approval. We understand that it’s CBP’s issue, but from TSC’s point of view, what is the best way to correct an I-94 like that? Should we address it with the port of entry or file an I-129 for an extension of H-1B status?
If there is an error on the I-94, that should be taken up with the port of entry which is handled by the district office. When a short period was given for admission because of passport expiration, file an I-129 at the Service Center to extend the stay.
8. Format for next liaison meeting
We would like to request that the next TSC-NAFSA liaison meeting be held in person at the TSC office in Dallas. We value our relationship with TSC a lot and feel that in-person meetings help us establish and build this relationship in the most beneficial way for both parties involved.