(Date indicates last revision. Items marked by
indicate time sensitive material)- New USCIS Registration Requirement for Foreign Nationals from certain Designated Countries
- USCIS Requirements to report Address changes
- New Special Registration Requirements for some Non-Immigrant VISA Holders
- F1 and J1 Status: Proposed USCIS Changes in Regulations and Procedures
- Visa Applications Abroad for Male Applicants from certain Countries
- Changes in VISA regulations for Temporary Visitor for Business or Pleasure (B1 and B2)
- SEVIS Notice
NEW USCIS REGISTRATION REQUIREMENT FOR FOREIGN NATIONALS FROM CERTAIN DESIGNATED COUNTRIES
On November 6, 2002, the United States Citizenship and Immigration Services (USCIS), previously known as the INS, published a notice in the Federal Register setting forth a new registration requirement for certain male nonimmigrants from five designated countries: Iran, Iraq, Libya, Sudan and Syria. The affected individuals must report in person by December 16 to certain approved USCIS offices to be fingerprinted and photographed, to have their travel documents reviewed, and to provide other information as requested by the USCIS.
The new regulation applies to males on nonimmigrant visas (including H, F and J visas) born on or before November 15, 1986, who are nationals or citizens of one of the five designated countries listed above, who were last admitted to the U.S. on or before September 10, 2002, and who will remain in the U.S. at least until December 16, 2002. Those affected must appear at an appropriate USCIS office on or before December 16, 2002.
These provisions to not apply to individuals on A (diplomatic) or G (international organization) visas, permanent residents, or anyone who has applied for asylum on or before November 6, 2002, or been granted asylum under Section 208 of the Immigration and Nationality Act.
Willful failure to comply with this regulation constitutes a failure to maintain nonimmigrant status, and the individual could be deported and determined to be inadmissible for re-entry to the U.S.
If you are an individual affected by this new regulation or have any questions, please contact the Director of the International Student and Scholar Services office, Jennifer Marsalis at 201-216-5189 or e-mail her at JMarsali@stevens.edu.
USCIS REQUIREMENT TO REPORT ADDRESS CHANGES
This message is for all non-U.S. citizens.
The U.S. Citizenship and Immigration Services (USCIS) has long had a requirement that non-U.S. citizens report to them any changes of address within 10 days. Be advised that there can be severe penalties for non-compliance.
Individuals in F-1 or J-1 immigration status (and their dependents) report their address hanges to the International Student and Scholar Services (ISSS) office, which then reports the address change to Immigration through SEVIS. A form may be downloaded from the ISSS website Forms page or obtained from the ISSS office.
Everyone else who has moved or moves in the future should inform USCIS within 10 days by submitting form AR-11 that is available on the USCIS website at http://uscis.gov/graphics/formsfee/forms/ar-11.htm. We suggest that you keep a copy of any AR-11 forms that are submitted, and you may also wish to send them to USCIS via some means that will provide you with receipts.
In addition, please be advised that if you have any pending applications at USCIS District offices or regional service centers, you should also contact that office to report your change of address. You can either telephone or write.
NEW SPECIAL REGISTRATION REQUIREMENTS FOR SOME NONIMMIGRANT VISA HOLDERS
The U.S. Citizenship and Immigration Services (USCIS) has announced that effective September 11, 2002, citizens of certain designated countries will be subject to special registration requirements when they enter the United States. USCIS has long had this authority but has generally waived the requirements in the past.
USCIS has so far designated Iran, Iraq, Libya, Sudan and Syria as the countries whose citizens are subject to the special registration requirements. Legal firms have reported that male nationals between the age of 16 and 45 from other countries such as Pakistan, Yemen, and Saudi Arabia may also be required to register in accord with the new regulations. Individuals affected by this requirement should expect to be fingerprinted and photographed at U.S. ports of entry when they seek to enter the U.S. In addition, those individuals will be required to report to USCIS:
- approximately 30 days after arrival,
- every 12 months after arrival; and
- when changing addresses, employers or schools.
USCIS also reserves the right to apply the special registration requirements to any individual based on information that indicates a need for monitoring.
If you are citizen of one of the designated countries and plan to travel out of the U.S., please check with the International Student and Scholar Services office for further details.
F-1 AND J-1 STATUS: PROPOSED USCIS CHANGES IN REGULATIONS AND PROCEDURES
You may have seen media reporting about changes proposed by the US Citizenship and Immigration Services (USCIS) in the regulations and procedures for F-1 and J-1 visas and for maintaining F-1 and J-1 status in the U.S. In the aftermath of 9-11, the U.S. Congress has taken a number of steps to increase border and visa security. One of the steps Congress took was to require that USCIS institute a new system for monitoring the status of students and exchange visitors in the U.S., or coming to the U.S. All institutions enrolling F-1 students or J-1 exchange visitors will have to comply with new regulations and procedures by January 30, 2003 (some may begin using the new system earlier). The new system will be web-based and will be called the Student and Exchange Visitor Information System (SEVIS).
It is premature to provide detailed advice to you at this stage because the proposed new regulations have not been finalized. There will be a period of public comment and eventually a final regulation will be published, probably sometime this summer. We are regularly receiving information on the development of the regulations and as soon as we know what things will change we will inform you. What is clear is that students and scholars will have to pay much closer attention than ever to insuring that they comply with relevant regulations and maintain their legal immigration status.
We also expect to hold one or more workshops during the Fall semester to explain the new regulations and their impact on issues such as full-time status, practical or academic training and other issues important to international students and scholars. We will announce the schedule for the workshops in late August. If you have any questions in the meantime, please contact Jennifer Marsalis, Director at the International Student and Scholar Services office, at JMarsali@stevens.edu.
VISA APPLICATIONS ABROAD FOR MALE APPLICANTS FROM CERTAIN COUNTRIES
The U.S. State Department has announced that male applicants for non-immigrant visas (including F student and J exchange visitor visas) from certain countries, who are between the ages of 16 and 45, are subject to a waiting period that will add an additional period of up to 20 working days to the application process. During this time, the State Department will cross check applicants with FBI terrorism databases. Applicants will also be required to fill out a new background questionnaire that will cover previous military service and weapons training, previous travel, and whether the applicant has had previous passports.
The list of countries affected by this new measure includes:
Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.
New students who are in the affected category of visa applicants should take this requirement into account when submitting their visa applications at a U.S. embassy or consulate abroad in order to allow sufficient time to obtain a visa and arrive on campus in time for orientation January 9-11. Current Stevens students and others who will be traveling abroad over the upcoming holidays should also take the new requirement into account if their visa has expired and they need to apply for a new visa at a U.S. embassy or consulate abroad to re-enter the U.S. to resume their studies. As always, students and dependents on F visas will also need a travel signature on page 4 of their I-20 (or on the reverse of their IAP-66 if they are on a J visa) from the Director of International Student and Scholar Services (IS3).
If you have any questions about documentation requirements or this new measure, please e-mail Jennifer Marsalis, ISSS Director, at JMarsali@stevens.edu.
CHANGES IN VISA REGULATIONS FOR TEMPORARY VISITORS FOR BUSINESS OR PLEASURE (B-1 AND B-2 VISAS)
Many international students have relatives or friends visit them during their studies or for commencement. We have recently been advised of a proposed change in immigration regulations which will limit the amount of time that visitors for business or pleasure (those with B-1 or B-2 visas) may spend in the U.S. on a single visit.
Until now, most temporary visitors were automatically given permission to stay in the U.S. for six months. Under the proposed new rule, a visitor will be required to explain to the immigration inspector at the port of entry the purpose and expected duration of their visit. The immigration inspector will then determine the amount of (fair and reasonable) time permitted for the visit, not to exceed six months. If there is any ambiguity about the amount of time needed for the visit, the inspector will likely admit the visitor for 30 days.
Some extensions will be permitted, but only in cases resulting from unexpected events beyond the visitorÍs control or that prevents their departure, compelling humanitarian reasons, or as the US Citizenship and Immigration Services may determine. Extensions will be limited to six months at a time. Applicants for extension will have to demonstrate that they have adequate financial resources and a residence abroad.
In addition, once the final rule is published, a visitor who enters the U.S. on a B-1 or B-2 visa will not be permitted to change status to an F-1 or M-1 student unless they have told the immigration inspector of their intention to pursue a course of study at the time of their entry into the U.S. and the inspector has noted that on their I-94 card. Instead, they would be required to depart the U.S. and apply for an F-1 or M-1 visa at a U.S. embassy or consulate abroad. They are also required to show to the inspector any I-20Ís they have been issued. This will apply to citizens and landed immigrants of Canada as well.
The above changes will become effective when USCIS issues a final regulation sometime after May 13.
Effective immediately (April 12), any visitor who arrives in B-1 or B-2 status, or who changes to a B-1 or B-2 status, is no longer eligible to begin a course of study unless they have first obtained F-1 or M-1 status from USCIS or have obtained an F-1 or M-1 visa at a U.S. embassy or consulate abroad.
(Note: These changes do not apply to visitors already in the U.S. in B-1 or B-2 status unless they apply for an extension of their B-1 or B-2 status after April 12).
USCIS has also reminded all aliens who remain in the U.S. more than 30 days that they are required to inform USCIS of any changes in address within 10 days of such a change. Form AR-11 is used to report a change of address and is available in the International Student and Scholar Services (IS3) office.
SEVIS NOTICE
Stevens Now Using New USCIS International Student Data System
Many of you have read that the US Citizenship and Immigration Services (USCIS) is implementing a new Web-based system for issuing and updating I-20 forms for international students and their dependents on F visas. Stevens is now formally enrolled in this Student and Exchange Visitor Information System (SEVIS).
After August 7, all I-20s issued for new international students must be issued using this system. In addition, any updates made to I-20s for current students will have to be made using SEVIS and will result in the issuance of a new SEVIS I-20 to those students affected. The new I-20s themselves will look similar to the old ones, but they will have a bar code and each student will have a SEVIS number. In addition, F-2 dependents of F-1 students will now get their own I-20. Students who already have I-20s and who do not require any updates or changes do not have to do anything at this stage.
The upcoming Fall Semester will be a transition period as the International Student and Scholar Services (ISSS) Office develops procedures in accord with SEVIS. USCIS is also writing new regulations for F visa holders. We expect that USCIS will require us to report more frequently on enrollment status and other data concerning international students. Once the new regulations are finalized and published later this fall, we will provide guidance and hold workshops for students to make sure that you are aware of changes that relate to maintenance of immigration status, employment authorization and other key concerns. Watch for announcements and schedules as the semester gets underway.
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