Feeling Transformed?USCIS Trends and Updates

Charmagne Herlien – Caltech

Junko Pierry - Stanford University

Sandra Vargas-Tinoco– UC San Diego

Agenda

● Overview of recent United States Citizenship & Immigration Service (USCIS) process and policy updates

● Service Center Updates

● Transformation initiative

● NAFSA Resources

● Questions

USCIS Policy and Procedure Updates

Reverse chronological order

October: DHS STEM Proposed Rule

● Published October 19, 2015

● Comments due November 18, 2015

● DHS is trying to save STEM

● Some new conditions:

● 24 months

● Mentoring and Training Plan – due every 6 months

● Safeguarding U.S. workers through labor market protections

● Oversight- School accreditation requirements and employer site visits

● Can be applied based on previous STEM degree

● Homeland Security Academic Advisory Committee (HSAAC) – consulted on this

STEM (cont.) – USCIS-related questions

● Pending applications? (p. 63386 in CFR)● If not passed in time, USCIS doesn’t have authority to grant.

● No answer, asking for comments. Harm of gap?

● If passed, maybe student can withdraw and refile for 24?

● Will 180-day I-9 extension be honored if more monitoring of the placement plan?

● CIP changes will be in Federal Register – will USCIS continue to monitor and approve accordingly?

● E-verify (same as before, but more companies registered now)

● Can RFE I-765s for Training Plan! (p. 63387)

● 30-day rule will be 60-day rule (p. 63391)

● No mention of current EAD validity for STEMs if not saved in time

STEM (cont.) – School/DSO Considerations

● When does life of student end?

● School accreditation dependent on compliance● Who monitors records for 3 years?● Who has career counseling training to manage the

placement plan?● What is the role of a DSO?

● What about students interested in start-ups? (no “mentor,” perhaps)

STEM (cont.) – Employer Considerations

● Who is the employer?● ISS advisors since “they do visas”?● I-9 issuer (HR, Department Admin)● CEO of small company?● Direct supervisor

● Discriminatory by I-9/Hiring Standards? ● Can’t just present EAD, but have TIPP to USCIS to

adjudicate first

● How will the Mentoring and Training plan be managed?

STEM (cont.) – NAFSA Advice● I-765/EAD abnormalities? End date 2/12/16 (friend rumors)

● Agencies said status quo until February 12, so they should be granting the full STEM period until then.

● NAFSA information: www.nafsa.org/stemopt

● Podcasts● Public Comments – Due November 18, 2015!

● Tips for Writing a Useful Government Comment Letter●Provides guidelines for writing a comment letter, responding to draft

guidance and addresses some commonly asked questions about the process.

●NAFSA encourages stakeholders to use this opportunity to submit their own comments directly to the government, following their institutional policies for doing so

October: AOS, Visa Bulletin•Part of the President’s efforts to modernize the immigrant visa system

•For people who are in the United States stuck in the long visa backlogs, this means they will be able to receive employment authorization and travel documents while they await final action on their cases

•Effective with the October 2015, Visa Bulletin, USCIS will allow adjustment of status applicants to file their adjustment applications according to the dates in a new "Dates for Filing Visa Applications" chart in the DOS Visa Bulletin.

•What is Changing:

• Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Application Final Action Dates (dates when visas may finally be issued); and

• Dates for Filing Applications (earliest dates when applicants may be able to apply).

AOS: Visa Bulletin

September 9, 2015 Visa Bulletin September 25, 2015 Visa Bulletin

Application Final Action Dates

Dates for Filing Applications

August: e-filing end date

● August 30, 2015, was the last date to start new forms in the USCIS legacy (non-ELIS) e-Filing system.

● Affected forms include Forms I-765, I-140, I-907, I-131, and I-821.

● These will be moved to the USCIS ELIS electronic filing system, but must use paper until then.

August: TPS Updates

● Haiti Extended

● Yemen Newly Designated

● Nepal: Registration deadline is December 21, 2015

● On August 12, 2015, USCIS forwarded to NAFSA a set of FAQs that addressed the topic of using a TPS-issued EAD while otherwise maintaining nonimmigrant status.

July: Simeio Guidance

● USCIS Policy Memorandum 602-0120, USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC. See 7.36.3.3 Is the new place of employment outside the area of intended employment listed on the current LCA?

● If an employee is placed in a place of employment not within the area of intended employment listed on the LCA supporting his or her H-1B petition, then the employer must file a new LCA for the new place of employment, and file an amended H-1B petition with USCIS, supported by the new DOL-certified LCA before the assignment at the new location.

● If a petitioner is moving to a new job location within the same area of intended employment, a new LCA is not generally required and the petitioner does not need to file an amended or new H-1B petition.

● However, the petitioner must still post the original LCA in the new work location within the same area of intended employment.

June: I-539 Form

● New start date request on form

● Addresses confusing

● Signatory confusing

● Form dated 04/06/2015 from July 6, 2015

● No ELIS

May: H-4 EADs

● Effective May 26, 2015, certain H-4 spouses may apply for an EAD if the H-1B principal is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker or has been granted H-1B status under sections 106(a) and (b) of AC21.

● Dispelling rumors on who can apply● Rejected cases May 26, 2015

Service Center Updates

Service Center Updates: CSC

● Lila Bohorquez, Community Relations Officer, left around July. No new contact. Maybe Officer Kim.

● June 11, 2015 Stakeholder meeting

● New service center - Potomac, VA

● Might be 5th online by Nov.

● H’s - Said they were at 60 days then, though not true even then.

● Lockbox

● CSC powerpoint: http://www.uscis.gov/sites/default/files/USCIS/Outreach/PED-CSC_Open_House_Filing_Tips_05-27-15_no_TP.pdf

● NAFSA notes: http://www.nafsa.org/_/File/_/uscis_june_5_2015.pdf

● I-129s at 5 months and over

CSC Processing Times: H-1B and PR

18

*CSC Ongoing student issues

19

● I-765● 30-day rule● Common RFEs● Mailing address change

●DSO can email new address to CSC.studentead@uscis.dhs.gov● Lost EAD card

● I-539● Update on new form ● Processing time (ELIS vs. paper application) ● DSO can send inquiry to CSC.Schools@uscis.dhs.gov

CSC Ongoing scholar issues

● I-129 RFEs● Transcripts

● Questioning SOC and occupation

● Asking beyond 6 years, when less than 6 years, issued after 5 months pending

● Premium RFEs

● Non-F-1/student EAD issues – call NCSC at 75 days

● I-765 J-2 RFEs:

Other Service Centers

VSC:

● I-539 applications to F and M since November 14, 2014

● I-612s – unclear information, but seem stalled

NSC:

● I-765s denied for not having matching CIPs for STEM ext.

TSC:

● I-140 petitions taking longer than posted processing time

NAFSA, AILA, & USCIS Resources

Protocol for Scholar Problems● Step 1: NCSC 1-800-375-5283 or submit “E-request”

● Step 2: If more than 30 days have passed since NCSC contact & the issue has not been resolved or explained you may email the proper USCIS Service Center to check the status of your case.● California Service Center: csc-ncsc-followup@dhs.gov

● Vermont Service Center: vsc.ncscfollowup@dhs.gov

● Nebraska Service Center: ncscfollowup.nsc@dhs.gov

● Texas Service Center: tsc.ncscfollowup@dhs.gov

● Step 3: No response within 21 days of contacting the appropriate Service Center? ● email the USCIS Headquarters Office of Service Center Operations at: SCOPSSCATA@dhs.gov. You will

receive a response from this email address within 10 days.

● Step 4: NAFSA IssueNet● Get Liaison Help (individual case assistance from RegBud)● Report an Issue (NAFSA liaison with government agencies on trends)● Membership not required to use IssueNet

23

Points of Contacts for Student Issues

● NCSC: 1-800-375-5283

● SEVP Response Center : 1-800-892-4829 or SEVP@ice.dhs.gov

● CSC: CSC.StudentEAD@uscis.dhs.gov (EAD issues only)

● CSC.Schools@uscis.dhs.gov

● NSC: NSC.Schools@uscis.dhs.gov

● VSC: VSC.Schools@uscis.dhs.gov

● VSC.StudentEAD@uscis.dhs.gov (EAD issues only)

● TSC: TSC.Schools@uscis.dhs.gov

● E-Verify: E-Verify@uscis.dhs.gov

Regbuds: Junko and Charmagne

● IssueNet GLH details

● SRMT (ticket/reference) number required

● No action without your input

● IssueNet Reports for “Report an Issue” - trends

H-1B FDNS Site Visits

26

● Fraud Detection and National Security (FDNS)● Ongoing, best practices

● AILA USCIS minutes 4/20/15

● FDNS visits are voluntary. If person declines to participate USCIS says it will try to follow-up to obtain information via other methods such as phone, email or fax. Site visit is the easiest and fastest way to verify compliance.

● No automatic NOIRs (Notice of Intent to Revoke) are issued, case-by-case.

● ISCA: incidents of NOIR – submit case information to IssueNet. ISCA Sept 2015

Prevailing Wage Issues● Examples have been submitted to AILA for the Fall DOL Stakeholder meeting

Keep Up-to-Date

28

● NAFSA news, Advisor’s Manual updates, ISTA/ISCA/HIIG Network, Collegial Conversations, Regulatory Resources, etc.

● USCIS web sites for “Upcoming National Engagements” & “Upcoming Local Engagements in Your Area”

● USCIS Community Engagement Officer email subscription CSC-CEO@uscis.dhs.gov

● DHS Ombudsman Office email subscription

● Region XII Newsletter Regbud Corner

TransformationELIS, E-Tools, My USCIS.gov, CEO/Engagements

Ombudsman Forms Teleconf. 9/29/15

● DHS Form revisions (I-539, I-765, I-907, I-129) and many more

● OMB approves form for 1, 2, 3 years

● 1: requires wet/original signature

● 2: USCIS intends to go electronic

● 3: form is electronic

● Form length: seem longer, more signature attestations: preparer, attorney, beneficiary... Much due to Privacy Act.

● http://www.uscis.gov/forms/signature-requirements-uscis-forms would be a good place to address this. Not up to date.

● Most longer format, not tied to “Paperwork Reduction Act”

30

Case Status Online

31

● One of the Top 5 websites used in government sites! Even more popular than National Weather Service with a current hurricane.

Related E-Tools

E-Request: ex. 539 Outside Normal Processing Times

35

USCIS Processing Times Explained

36

● http://www.dhs.gov/telecon-recap-application-processing-times-conversation-uscis-office-performance-and-quality

● 4/27/2011 Ombudsman’s Office Teleconference

● How Does USCIS Calculate Processing Times?

● When Are Actual Processing Times Posted Versus Processing Time Goals?

● How Will USCIS Transformation Affect Processing Time Posts?

● Regbuds trying to host a Government Connection webinar on this topic in the next few months

Change of Address H-1B extension pending

Steps 1 & 2

● Hard for those with pending cases

● Problem with G-28

● Petitioner vs Applicant

Pending H (cont)

● Steps 3 & 4

Pending H (cont)

For the last questions, be sure to indicate that you are the “Applicant/Petitioner; the “G-28” field should be blank.

Pending H (cont)

● Response from USCIS to H-1B

● Won’t process, need G-28● When beneficiary calls NCSC,

they say address updated. ● Email in error?

● USCIS Teleconference 10/7/15 did not address this issue

41

Emma

42

http://preview.uscis.gov/

● Live chat tool● Uses plain language● They need people

to test so she builds her answers

My USCIS.gov

43

● Track your case status

● Get automatic updates

● Immigration options

● Find a doctor

● New - Find Citizenship or English classes

● New - Practice Civics Test

Twitter #AskUSCIS

44

● On Sept. 1, we held our first Twitter Office Hours, a live question-and-answer session hosted on Twitter. Members of our customer service and public engagement teams were available to answer questions using the #AskUSCIS hashtag.

● Q12: @msreekm Is 3 years bachelor's degree from India and 15+ years work experience considered as eligible for EB2? #askuscis● A12: @msreekm An EB2 requires evidence of a foreign equivalent degree &

at least 5 yrs work experience. http://t.co/DFcOUUF4BL #AskUSCIS

● Q15: @gangadharan82 #AskUSCIS My Kid's i539 is in processing stage since Mar'15. But VSC Processing time shows as 2.5 months. Should i need to contact USCIS?● A15: @gangadharan82 Yes. If your case is outside of the standard

processing time, you can submit a case inquiry using e-Request. https://go.usa.gov/3aFfw

Other questions?

45

Thank you!