Immigration Updates
NEW SEVIS FEE SCHEDULE FOR STUDENTS AND EXCHANGE VISITORS
The new SEVIS fee will go into effect on October 27, 2008.
- Students on F/M visa will pay $200.
- Exchange visitors (student, professor, research scholar, short-term scholar, specialist, trainee, teacher, alien physician, government visitor and intern) on J visa will pay $180.
For more information, you can visit the SEVIS website at http://www.ice.gov/sevis.
PRACTICAL TRAINING
Some recent changes have been announced regarding the F-1 student Optional Practical Training. In short, the procedure for Optional Practical Training has changed in some of the following ways:
You now have the option to apply up to 60 days after you have completed your degree.
- You must report to the Department of Homeland Security, through the ISSC, information regarding your employment. Specifically, you must report that you have a job that is related to your degree level and major, the name and address of your employer, job title, and supervisor's name and contact information.
- Also because of the new reporting requirement, if you have not been employed (voluntary or paid activity) for over 90 consecutive days, you may be in violation of your OPT status and your OPT will be terminated and you will have to depart the United States.
Here are some other highlights of the changes per a notice from the Department of Homeland Security:
OPT Extension for STEM majors (17-month extension)
The U.S. Department of Homeland Security (DHS) released the final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to students who are employed by businesses enrolled in the E-Verify program. E-Verify is a free internet-based system operated by USCIS, in partnership with the Social Security Administration, which determines a new employee’s eligibility to work.
General Provisions:
- F-1 students in STEM (Science, Technology, Engineering, Mathematics) fields and granted initial post-completion OPT are now eligible to apply for a one-time extension for 17 additional months, a maximum of 29 months.
- STEM students need to file form I-765. The form is being amended to capture information needed to determine student eligibility.
- F-1 students file timely (at least 90 days prior) for a STEM extension may continue employment while the application is pending until a final decision from USCIS, or 180 days,whichever comes first.
- Approved extensions allow for students to remain working for the STEM employer on the new EAD. If denied, the student must make preparations to depart or transfer to another school to continue studying.
To be eligible for the 17-month OPT extension, a student must have received a STEM degree in one of the following:
- Actuarial Science. CIP Code 52.1304.
- Computer Science Applications. CIP Codes 11.xxxx (except Data Entry/Microcomputer Applications, which are CIP Codes 11.06xx)
- Engineering. CIP Codes 14.xxxx.
- Engineering Technologies. CIP Codes 15.xxxx.
- Biological and Biomedical Sciences. CIP Codes 26.xxxx.
- Mathematics and Statistics. CIP Codes 27.xxxx.
- Military Technologies. CIP Codes 29.xxxx.
- Physical Sciences. CIP Codes 40.xxxx.
- Science Technologies. CIP Codes 41.xxxx.
- Medical Scientist (MS, PhD). CIP Code 51.1401
Cap Gap
- "Cap-gap” occurs when an academic foreign student’s (F-1) status and work authorization expire during the current fiscal year before the student can start approved H-1B employment during the next fiscal year beginning on October 1.
- This new final rule provides a permanent solution to the H-1B “cap-gap”. Previous cap-gap provisions extended only the stay but not the employment authorization.
- F-1 classified nonimmigrant students whose employer has filed an H-1B petition on their behalf and whose petition is selected, may now receive an extended/authorized stay for employment.