STEM OPT Extensions for Employees

Global HR has developed a process to facilitate STEM OPT Extensions for eligible Georgia Tech employees. We will work with you, your supervisor and your departmental HR representative to ensure all parties have the information necessary to complete Form I-983.

If you are a Georgia Tech F-1, these forms are in addition to the forms required by OIE.

August 8 is the Deadline to Apply to Add 7 Months to a 17-Month STEM OPT Extension

From USCIS, 08/01/2016

If you currently have a 17-month STEM OPT extension, you may apply to add 7 months to your STEM OPT period. If you want to apply for this 7-month extension, you must properly file your Form I-765, Application for Employment Authorization (with the required fee and signature) on or before August 8, 2016. USCIS will deny applications filed after August 8, 2016.

You may apply to add 7 months to your 17-month STEM OPT period if:

• You are currently participating in STEM OPT based on a 17-month extension;
• You request the additional 7-month period by filing a new Form I-765 between May 10, 2016 and August 8, 2016, and within 60 days of the date your designated school official’s enters the recommendation for the 24-month OPT extension into your SEVIS record;
• You have at least 150 days of valid employment authorization remaining on your 17-month STEM OPT period on the date you properly file your new Form I-765; and
• You, your designated school official, and your employer meet all the 24-month STEM OPT extension requirements.

For more information on the STEM OPT extension, visit the USCIS Optional Practical Training Extension for STEM Students (STEM OPT) page.

STEM OPT Extension E-forms Now Available!

Attention employees eligible for a STEM OPT Extension: STEM OPT Extension e-forms are now available in iStart. 

If you have already completed the Intent to Pursue STEM Extension and it has been approved, you may complete the remaining forms. If you've not completed the Intent to Pursue STEM Extension e-form and your current OPT expires in the next 6 months, please begin the e-forms as soon as possible.

If you are a Georgia Tech F-1, these forms are in addition to the forms required by OIE.

USCIS Processing Times

Message adapted from USCIS Stakeholder Communication, 04/28/2016

United States Citizenship and Immigration Services recognizes that some cases are taking longer to complete than usual and apologize for any inconvenience that this may have caused. Current personnel resources do not align with the present caseload, but they are working to address the staffing shortages and workload issues that are causing the delays. 

USCIS continually reviews their workload capacity at each service center and, based on their findings, redistribute the work among the service centers. This type of planning allows USCIS to maximize their resources and minimize any delays when work is transferred. USCIS has recently transferred cases between all of the service centers, including their newest center, the Potomac Service Center. This work includes all recently filed Forms I-765, Application for Employment Authorization, submitted by F-1 and M-1 students for Optional Practical Training.  For more details, you can visit the workload transfer updates page.

While this may not reduce wait times immediately, USCIS hopes you will see improvement over the next few months. Transferring cases will assist with backlog reduction, ensure processing times are consistent across service centers, and provide customers and stakeholders with faster responses.

Here is what you need to know if your case is transferred to another center for action: 

• Your case will be worked based on the processing times of the receiving center
• All notices and requests will come from the new center
• Please notify USCIS any time you change your address
• If you receive notice that your Green Card has been approved, please wait 120 days to receive it in the mail

Customers can access current processing times on the USCIS website at https://egov.uscis.gov/cris/processTimesDisplayInit.do.

USCIS encourages you to sign up for an account with Case Status Online to get an email or text notification when there is an update to your status, including when your Green Card is mailed. They also encourage you to keep your address up to date to ensure that your card is delivered to your most current physical address. You can update your mailing address online at www.uscis.gov/changeaddress.

DHS Proposes Changes Related to On-the-Job Training Program for STEM Students

From ICE, 10/16/2015

WASHINGTON — The U.S. Department of Homeland Security (DHS) today proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States.  The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions. 

The optional practical training program, or OPT, allows nonimmigrant international students and new graduates to extend their time in the U.S. on their F-1 student visa status to gain on-the-job-learning for up to a year.  The proposed rule would allow certain F-1 STEM students to extend their OPT period by 24 months with the appropriate mentoring and training by employers.  The proposed rule would also improve and increase oversight over OPT STEM extensions.  

“Our nation will benefit from keeping international students here, educated in U.S. colleges and universities here while they receive additional training, rather than sending them out of the country,” said Director of U.S. Immigration and Customs Enforcement (ICE), Sarah R. Saldaña. “At the same time, U.S. employers will benefit from the increased ability to rely on the skills acquired by U.S. educated-STEM students, as well as their knowledge of markets in their home countries.”

By increasing access to OPT for STEM students, the proposed regulations will help U.S. colleges and universities remain globally competitive in attracting international students in STEM fields.  It also reforms the program to better ensure that practical training opportunities are designed to meet student needs, while requiring greater accountability of employers and students. 

The proposed rule aims to ensure F-1 students gain valuable practical STEM experience through practical training that supplements knowledge gained in their academic studies.  The rule also seeks to improve and increase the oversight of STEM OPT by requiring the implementation of formal mentoring and training plans by employers and by adding wage and other protections for OPT students and U.S. workers.  The proposed rule would only permit STEM OPT extensions to F-1 students with degrees from accredited schools, and whose employers are enrolled in U.S. Citizenship and Immigration Services’ E-verify employment eligibility verification program.  DHS encourages comments on this proposed rule; public comment will be open through November 18, 2015.

For more information and to submit formal input on the proposed rule, visit the Federal Register.

EAD Extensions for Syrians in F-1 Status

From The Federal Register, 01/05/2015

Extension of Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011

F-1 nonimmigrant students whose country of citizenship is Syria who were lawfully present in the United States on April 3, 2012, and are experiencing severe economic hardship because of the civil unrest may apply for employment authorization under the guidelines described in 77 FR 20038. This notice extends the time period during which such F-1 students may seek employment authorization due to the civil unrest. It does not impose any new or additional policies or procedures beyond those listed in the original notice. All interested F-1 students should follow the instructions listed in the original notice.

This notice is effective January 5, 2015 and will remain in effect until September 30, 2016.

See details here: https://federalregister.gov/a/2014-30868 

Reminder: Travel Tips for Foreign Students Awaiting a Change of Status to H-1B

From Fragomen.com, 05/01/2014

Please note Fragomen's intended audience is future H-1B employees that will be employed by a cap-subject employer. As an institution of higher education Georgia Tech is cap exempt, therefrom the references to October 1, 2014 may not be applicable.

Are you an F-1 student who is the beneficiary of an H-1B petition and a request to change status to H-1B for employment starting on October 1, 2014? If you are planning to travel abroad between now and October 1, you should carefully consider whether your travel is necessary. 

Traveling internationally during this time can pose significant risks and result in delays, depending on whether you are in an ongoing course of study or period of optional practical training (OPT) or whether you are in the “cap gap” – the period between the end of your course of study or OPT and October 1, the date that a timely-filed H-1B petition and change of status will take effect. 

If you cannot postpone travel until after October 1, you should be aware that you may not be able to reenter the United States in F-1 status during the months before your H-1B petition takes effect. Instead, you may need to wait outside the United States and apply for an H-1B visa to reenter in time for your H-1B employment start date. If you do decide to travel abroad, you must make sure to have all necessary travel documents and be prepared for possible delays at U.S. consulates and ports of entry.

The following are some frequently asked questions and important tips to consider if you are thinking about leaving the United States before October 1. 

1. My H-1B petition and application to change status to H-1B have been filed and are pending with USCIS. May I travel internationally while they are pending? 

If you leave the United States before your change of status is approved by USCIS, you will have to take extra steps to assume your H-1B status on October 1.

According to a longstanding government policy, if you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS could still approve the H-1B petition itself, but you would not automatically change to H-1B status on October 1. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return. If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See below for more information about the visa application process. 

2. I am an F-1 student who is still in school and I am not applying for optional practical training. After my H-1B petition and application to change status are approved, can I travel abroad before October 1? 

After your change of status is approved but before it takes effect on October 1, you should be able to travel abroad and reenter, as long as your course of study is not finished and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 3.) 

When you travel, make sure you are carrying a valid passport with a valid F-1 visa stamp and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid and you will need to get a new one to reenter in F-1 status, you should expect delays during the visa application process. If you have an approved H-1B petition, it may be difficult for you to demonstrate nonimmigrant intent, which is a requirement for F-1 students. See Question 6 for more information about these issues. 

3. I am finished with my F-1 course of study and I am not applying for optional practical training. After my H-1B petition and change of status are approved, will I be able to travel abroad? 

You cannot return to the United States in F-1 status if you travel abroad after your studies are finished. As long as your H-1B petition was filed before your F-1 student status expired, you can remain in the United States during the cap gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. But an F-1 student who travels abroad during the grace period or the cap gap cannot be readmitted to the United States in F-1 status. If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

4. I am a J-1 exchange visitor who is the beneficiary of an approved H-1B petition for employment starting October 1, 2014. May I remain in the United States until then? 

It depends. As a J-1 exchange visitor, you are authorized to remain in the United States for the duration of your exchange program, plus a grace period of 30 days. If your J-1 period of stay and grace period end before September 30, 2014, you must depart the United States and apply for an H-1B visa abroad. You are not eligible for a change of status to H-1B because there will be a gap between the end of your period of authorized stay and the day your H-1B petition takes effect. Unlike F-1 students, J-1 exchange visitors are not eligible for cap gap benefits. 

However, if your J-1 period of stay (including grace period) remains valid through the start date of your approved H-1B petition and application to change status to H-1B, you may remain in the United States in J-1 status before your change of status takes effect. 

5. I am an F-1 student awaiting a change of status to H-1B and my OPT has expired. If I travel before October 1, what are the risks? 

If you travel abroad after your OPT has expired, you cannot return to the United States in F-1 status. As long as your H-1B petition was filed before your OPT expired, you can remain in the United States and work during the cap gap period between the end of OPT and October 1. But if you have completed studies and OPT and you travel abroad during the cap gap, you cannot be readmitted to the United States in F-1 status. 

If you must leave the United States, you will have to wait to apply for an H-1B visa to return. You will not be able to work again in the United States until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

6. I am currently in a valid period of OPT and I have a valid employment authorization document. Is international travel possible if my change of status petition has been approved? 

Yes, if you are in valid OPT, have a valid EAD and your change of status to H-1B has been approved before you leave, you should be able to return to the United States in F-1 status, as long as you have the appropriate documents and are able to show visa and immigration officers that you intend to comply with F-1 rules, including having nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1 as long as you have returned to the United States before that day. 

You will need the following documents to reenter in F-1 status:

§  A valid passport with a valid F-1 visa stamp. If you need to apply for a new F-1 visa stamp to reenter the United States as a student, you should expect delays at the U.S. consulate and at the port of entry (see Question 7 for more details);

§  A Form I-20 that is endorsed for travel by a designated school official;

§  A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a designated science, technology, engineering or mathematics (STEM) field, you should not leave the United States until you receive your new EAD for the extension period; and

§  A letter from your OPT employer that verifies your employment. You must have an OPT job or job offer before you leave the United States. If you go abroad before you find a job, your OPT period will be terminated and you will not be able to return to the United States unless and until you obtain an H-1B visa.

If you travel abroad while on OPT, caution is advised. In particular, pay attention to the number of days you spend outside the United States, because that time could be counted against the regulatory limit on unemployment during the OPT period. USCIS rules require an F-1 student to have no more than 90 days of unemployment during OPT (or 120 days for F-1s who have received an OPT extension based on a STEM degree). This includes time spent outside the United States, unless international travel takes place during leave that is authorized by your OPT employer or is part of your OPT employment. 

7. Before October 1, I plan to leave the United States and reenter in my F-1 status, but I will need to apply for a new F-1 visa while I am abroad. What should I expect during the visa application process and at the port of entry? 

You should be prepared for possible delays and difficulties when you apply for a new F-1 visa and when you are inspected at the border. 

First, like any visa applicant, you could be required to go through a security clearance before your visa can be issued. If your name, personal details or travel history match or are similar to information in government security databases or travel watch lists, the State Department will not be able to issue a visa until it confirms that you are not the same person as an individual who appears on a security list. Many security clearances get resolved in a matter of weeks, but if you have a common name, your clearance could take several months or longer. If this occurs, your reentry to the United States could be delayed. 

Second, officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to return to your home country. Having a foreign residence that you do not intend to abandon is a requirement for F-1 status. If you have an approved H-1B in the system, consular and border officials will know that you have a professional job in the United States – a possible indication of strong ties to the United States. If a consular or border officer questions your intentions, you could have your visa or entry denied or delayed, and may have to wait overseas until you can apply for an H-1B visa to enter and start your H-1B employment. Having a foreign residence is not a requirement for an H-1B visa. 

8. If I decide to leave the United States before October 1, how soon can I apply for my H-1B visa and enter the United States in H-1B status? 

You can generally apply for your visa up to 90 days before your H-1B petition start date, according to State Department rules. If your start date is October 1, 2014, you would be able to apply for your H-1B visa no earlier than July 3, 2014. But procedures differ among U.S. consulates, so you should check with the consulate where you will apply for specific instructions on when you can submit your visa application. Contact information for U.S. embassies and consulates is available at http://usembassy.gov/.  

Once you have applied for your H-1B visa, be prepared for a possible security clearance. As discussed in Question 7, if your name, personal details or travel history match information in government security databases or on travel watch lists, the State Department will not be able to issue your visa until it confirms that you are not the same person as a listed individual. A security clearance may also be required if you will work in high technology, engineering or the sciences, or with products or services that have both commercial and military applications (known as "dual use" technologies). Security clearances typically get resolved in a matter of weeks, but can take several months or longer depending on the circumstances. 

Once you have received your H-1B visa, you may enter the United States up to ten days before your H-1B petition start date. If your start date is October 1, 2014, you can enter as early as September 21, 2014. The extra ten days allows you to get settled in the United States, but you cannot do H-1B work during this time. You are not authorized to start your H-1B employment until your actual petition start date. 

Travel Advisory for Foreign Students Planning a Change of Status to H-1B

Please note this is information targeted to individuals who will be working in H-1B status at a cap-subject employer!

From Fragomen.com, 03/03/2014

Are you an F-1 student who will be the beneficiary of an H-1B cap petition and change of status for employment starting on October 1, 2014? If so, you will need to be aware of some important issues to consider if you are planning to travel abroad between the filing of your cap petition in early April and an October 1 H-1B employment start date. 

Traveling internationally while you are awaiting a change of status from F-1 to H-1B can pose some significant risks and result in delays, depending on whether you are still completing your studies or optional practical training (OPT) or whether you are in the “cap gap” – the period between the end of your course of study or OPT and October 1. 

If you cannot postpone travel until after October 1, you should be aware that you may not be able to reenter the United States in F-1 status during the months before your H-1B petition takes effect. Instead, you may need to wait outside the United States and apply for an H-1B visa to reenter in time for your H-1B employment start date. If you do decide to travel abroad, you must make sure to have all necessary travel documents and prepare for possible delays at U.S. consulates and ports of entry. 

The following are some frequently asked questions and important tips to consider if you are thinking about leaving the United States before October 1. 

1. Once my H-1B petition and application to change status to H-1B have been filed and are pending with USCIS, may I travel internationally while they are pending? 

If you leave the United States after your change of status is filed with USCIS but before it is approved by USCIS, you will have to take extra steps to assume your H-1B status on October 1. 

According to a longstanding government policy, if you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS could still approve the H-1B petition itself, but you would not automatically change to H-1B status on October 1. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return. If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See below for more information about the visa application process. 

2. I am an F-1 student who is still in school and I am not applying for optional practical training. After my H-1B petition and application to change status are approved, can I travel abroad before October 1? 

After your change of status is approved but before it takes effect on October 1, you should be able to travel abroad and reenter, as long as your course of study is not finished and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 3.) 

When you travel, make sure you are carrying a valid passport with a valid F-1 visa stamp and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid and you will need to get a new one to reenter in F-1 status, you should expect delays during the visa application process. If you have an approved H-1B petition, it may be difficult for you to demonstrate nonimmigrant intent, which is a requirement for F-1 students. See Question 7 for more information about these issues. 

3. I will soon be finished with my F-1 course of study and I am not applying for OPT. After my H-1B petition and change of status are approved, will I be able to travel abroad? 

You cannot return to the United States in F-1 status if you travel abroad after your studies are finished. As long as your H-1B petition was filed before your F-1 student status expired, you can remain in the United States during the cap gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. But an F-1 student who travels abroad during the grace period or the cap gap cannot be readmitted to the United States in F-1 status. If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

4. I am a J-1 exchange visitor who will be the beneficiary of an approved H-1B petition for employment starting October 1, 2014. May I remain in the United States until then? 

It depends. As a J-1 exchange visitor, you are authorized to remain in the United States for the duration of your exchange program, plus a grace period of 30 days. If your J-1 period of stay and grace period end before September 30, 2014, you must depart the United States and apply for an H-1B visa abroad. You are not eligible for a change of status to H-1B because there will be a gap between the end of your period of authorized stay and the day your H-1B petition takes effect. Unlike F-1 students, J-1 exchange visitors are not eligible for cap gap benefits. 

However, if your J-1 period of stay (including grace period) remains valid through the start date of your approved H-1B petition and application to change status to H-1B, you may remain in the United States in J-1 status before your change of status takes effect. 

5. I am an F-1 student whose OPT will expire before October 1. If I travel abroad before October 1, what are the risks? 

If you travel abroad after your OPT has expired, you cannot return to the United States in F-1 status. As long as your H-1B petition was filed before your OPT expired, you can remain in the United States and work during the cap gap period between the end of OPT and October 1. But if you have completed studies and OPT and you travel abroad during the cap gap, you cannot be readmitted to the United States in F-1 status. 

If you must leave the United States, you will have to wait to apply for an H-1B visa to return. You will not be able to work again in the United States until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

6. I am currently in a valid period of OPT and I have a valid employment authorization document. Is international travel possible once my change of status petition is approved? 

Yes, if you are in valid OPT, have a valid EAD and your change of status to H-1B has been approved before you leave, you should be able to return to the United States in F-1 status, as long as you have the appropriate documents and are able to show visa and immigration officers that you intend to comply with F-1 rules, including having nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1 as long as you have returned to the United States before that day. 

You will need the following documents to reenter in F-1 status: 

• A valid passport with a valid F-1 visa stamp. If you need to apply for a new F-1 visa stamp to reenter the United States as a student, you should expect delays at the U.S. consulate and at the port of entry (see Question 7 for more details); 
• A Form I-20 that is endorsed for travel by a designated school official; 
• A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a designated science, technology, engineering or mathematics (STEM) field, you should not leave the United States until you receive your new EAD for the extension period; and 
• A letter from your OPT employer that verifies your employment. You must have an OPT job or job offer before you leave the United States. If you go abroad before you find a job, your OPT period will be terminated and you will not be able to return to the United States unless and until you obtain an H-1B visa.

If you travel abroad while on OPT, caution is advised. In particular, pay attention to the number of days you spend outside the United States, because that time could be counted against the regulatory limit on unemployment during the OPT period. USCIS rules require an F-1 student to have no more than 90 days of unemployment during OPT (or 120 days for F-1s who have received an OPT extension based on a STEM degree). This includes time spent outside the United States, unless international travel takes place during leave that is authorized by your OPT employer or is part of your OPT employment. 

7. Before October 1, I plan to leave the United States and reenter in my F-1 status, but I will need to apply for a new F-1 visa while I am abroad. What should I expect during the visa application process and at the port of entry? 

You should be prepared for possible delays and difficulties when you apply for a new F-1 visa and when you are inspected at the border. 

First, like any visa applicant, you could be required to go through a security clearance before your visa can be issued. If your name, personal details or travel history match or are similar to information in government security databases or travel watch lists, the State Department will not be able to issue a visa until it confirms that you are not the same person as an individual who appears on a security list. Many security clearances get resolved in a matter of weeks, but if you have a common name, your clearance could take several months or longer. If this occurs, your reentry to the United States could be delayed. 

Second, officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to return to your home country. Having a foreign residence that you do not intend to abandon is a requirement for F-1 status. If you have an approved H-1B in the system, consular and border officials will know that you have a professional job in the United States – a possible indication of strong ties to the United States. If a consular or border officer questions your intentions, you could have your visa or entry denied or delayed, and may have to wait overseas until you can apply for an H-1B visa to enter and start your H-1B employment. Having a foreign residence is not a requirement for an H-1B visa. 

8. If I decide to leave the United States before October 1, how soon can I apply for my H-1B visa and enter the United States in H-1B status? 

You can generally apply for your visa up to 90 days before your H-1B petition start date, according to State Department rules. If your start date is October 1, 2014, you would be able to apply for your H-1B visa no earlier than July 3, 2014. But procedures differ among U.S. consulates, so you should check with the consulate where you will apply for specific instructions on when you can submit your visa application. Contact information for U.S. embassies and consulates is available at http://usembassy.gov/.  

Once you have applied for your H-1B visa, be prepared for a possible security clearance. As discussed in Question 7, if your name, personal details or travel history match information in government security databases or on travel watch lists, the State Department will not be able to issue your visa until it confirms that you are not the same person as a listed individual. A security clearance may also be required if you will work in high technology, engineering or the sciences, or with products or services that have both commercial and military applications (known as "dual use" technologies). Security clearances typically get resolved in a matter of weeks, but can take several months or longer depending on the circumstances. 

Once you have received your H-1B visa, you may enter the United States as early as September 21, 2014 for employment that starts on October 1. The extra ten days allows you to get settled in the United States, but you cannot do H-1B work during this time. You are not authorized to start your H-1B employment until your actual petition start date. 

GLACIER Tax Prep & 1042-S Delays

Due to campus closures, the release of 1042-S forms and the launch of GLACIER Tax Prep (GTP) have both been delayed until February 28, 2014 

Georgia Tech's E-Verify Number

Attention Employees in F-1 OPT Status

If you are applying for a 17-month STEM extension you will need Georgia Tech's E-Verify number to apply. You must complete a Request for E-Verify Information e-form in iStart to obtain the number and, if applicable, a confirmation letter for your school. 

https://istart.gatech.edu/

If you have any questions, please email immigration@ohr.gatech.edu

USCIS Clarifies Rules for 17 Month STEM OPT Extension

From Council for Global Immigration, 10/22/2013

USCIS has issued a memo clarifying the rules regarding 17 month OPT extensions for F-1 students with STEM degrees. The memo states that F-1 students may apply for the 17 month extension even if they are yet to complete their thesis or equivalent requirement for the relevant STEM degree.

To read the USCIS memo, click here.

Job Opportunities on Campus

From iBuzz, 08/26/2013

Working on campus is a great opportunity for F-1 and J-1 students to integrate into the campus community and earn some extra money. The best way to find and learn about jobs on campus is to utilize Career Buzz and not necessarily to visit the office/department for which you’d like to apply.

 

Remember that F-1 students do not need prior approval from OIE to accept on-campus employment; F-1 students should refer to the F-1 Employment and Training website for more information. J-1 students DO require OIE approval for on-campus employment; please visit the Information for J-1 Students website for more information.

 

Check out the following websites to find opportunities:

• Student Center Jobs: http://www.studentcenter.gatech.edu/jobs/Pages/default.aspx
• On-campus jobs through Global HR: http://www.ohr.gatech.edu/studentemployees
• Athletic Tutors: http://www.studentathlete.gatech.edu/tutoring

Working on campus this semester? Tips for applying for a social security number (SSN)

From iBuzz, 08/26/2013

Remember, you don’t need a social security letter to BEGIN working on campus at Georgia Tech! The OIE must notify the Department of Homeland Security (DHS), F-1 students, or the Department of State, J-1 students and scholars, of your arrival to the U.S., check-in and registration in courses (for students) in order to the SSA to verify your eligibility for the SSN.

 

F-1 Students: The Social Security Administration requires F-1 students have a letter support from OIE before applying for a social security number. There is now an e-form in iStart entitled ‘SSN Letter Request’ to ensure students can request a social security letter and minimize waiting time to see an advisor during walk-in hours. Please use this e-form to request a support letter from OIE and be prepared to upload the letter from your on-campus employer in the e-form.

New International Graduate Student Employees

How to Prepare for Graduate Student Employee Processing

Before coming to the Clough Undergraduate Learning Commons (CULC) on August 14th or 15th, you will need to complete several forms and make copies of your immigration documents. 

You must bring the following documents with you:

 ~ Current Passport plus two (2) photocopies of biopage and visa stamp
 ~ Original I-20 or DS-2019 plus two (2) photocopies
 ~ Original I-94 plus two (2) photocopies

The information below will guide you through the steps you must take before arriving.

Completing these forms and making copies in advance will greatly reduce the amount of time you will have to spend at the office.

Read the following instructions carefully.  Complete as much as you can.  Leave items blank if you do not know the answers.  Please do not staple your paperwork; if you need to keep your documents together, use paperclips instead.

Step 1: Complete and Print the Employment Eligibility Verification Form I-9

• Please complete only section 1 of the form, print and bring it with you.
• In addition to the I-9 form, original identification documents will be required.
• Please visit http://www.ohr.gatech.edu/graduateprocessing/idrequirements to see a list of acceptable identification documents.
• Sections 2 & 3 will be completed at OHR by the employer after viewing your immigration documents.

Step 2: Complete the New Hire Employment Package

All new graduate student employees will need to complete the following forms before arriving:

• Personal Data Form (page 1)
• Federal Form W-4 (page 3)
• State of Georgia Form G-4 (page 5)
• Worker's Compensation Memorandum (page 7)
• Security Questionnaire (page 8) - Do not sign the loyalty oath on this form until you are in the CULC and in the presence of a notary.
• Authorization Agreement for Automatic Deposits (page 10)*
• Intellectual Property Agreement (page 11)

Step 3: International Tax Compliance - GLACIER

You will receive an email from support@online-tax.net around August 10th.  This message is from the Georgia Tech tax compliance software known as GLACIER.  All foreign nationals working at Georgia Tech must utilize GLACIER.  Once you have arrived in the U.S., please log in as instructed in the email and follow the directions.  Print the PDF forms available at the end of the data collection process and bring them with you to GSEP.  The Georgia Tech Global HR office will keep one set of copies of your immigration documents. 

Step 4: Social Security Card

If you are new to the United States and do not have a Social Security Card, please complete the Social Security Card Application and bring it with you.

In addition to the completed SS-5 Form, you must have one of two items:

• the formal offer letter from your department at Georgia Tech, OR
• a social security letter from your department. Ask at your department for this letter. They may tell you that they have already submitted it to Global HR, in which case you can pick it up at OHR.

Step 5: Print and bring all completed forms to the CULC

When you arrive, you should have the following forms with you and completed to the best of your ability:

• Form I-9
• New Hire Employment Package:
• Includes Personal Data Form, Worker's Compensation Memorandum, Security Questionnaire, Intellectual Property Agreement, and Authorization Agreement for Automatic Deposits.
• Completed GLACIER forms
• SS-5 Form, and the offer letter from your department (for those without Social Security numbers)

 *See http://www.ohr.gatech.edu/graduateprocessing/howtoprepare/foreign for additional details

US orders new visa reviews for arriving students

Associated Press, 05/03/2013 – 

“The Homeland Security Department ordered border agents ‘effective immediately’ to verify that every international student who arrives in the U.S. has a valid student visa, according to an internal memorandum obtained…by The Associated Press. The new procedure is the government's first security change directly related to the Boston bombings.

“The order from a senior official at U.S. Customs and Border Protection…was circulated Thursday [May 2, 2013] and came one day after the Obama administration acknowledged that a student…accused of hiding evidence for one of the Boston bombing suspects was allowed to return to the U.S. in January without a valid student visa.

“The student visa for Azamat Tazhayakov had been terminated when he arrived in New York on Jan. 20. But the border agent in the airport did not have access to the information in…SEVIS.

“…[H]is student-visa status was terminated because he was academically dismissed from the university.

“…Under the new procedures, all border agents…[are] expected to be able to access SEVIS by next week.

“The government for years has recognized as a problem the inability of border agents at primary inspection stations to directly review student-visa information.

“…[Also] [u]nder the new procedures, border agents will verify a student's visa status before the person arrives in the U.S. using information provided in flight manifests. If that information is unavailable, border agents will check the visa status manually with the agency's national targeting data center.

“It is unclear what impact the new procedure will have on wait times at airports and borders. Customs officials will be required to report any effect, including longer waits, on a daily basis.”

To read the full article, please click here.

Travel Tips for Foreign Students Awaiting a Change of Status to H-1B

From Fragomen.com, 04/25/2013

Are you an F-1 student who is the beneficiary of an H-1B petition and a request to change status to H-1B for employment starting on October 1, 2013? If you are planning to travel abroad between now and October 1, you should carefully consider whether your travel is necessary. 

Traveling internationally during this time can pose significant risks and result in delays, depending on whether you are in an ongoing course of study or period of optional practical training (OPT) or whether you are in the “cap gap” – the period between the end of your course of study or OPT and October 1, the date that a timely-filed H-1B petition and change of status will take effect. 

If you cannot postpone travel until after October 1, you should be aware that you may not be able to reenter the United States in F-1 status during the months before your H-1B petition takes effect. Instead, you may need to wait outside the United States and apply for an H-1B visa to reenter in time for your H-1B employment start date. If you do decide to travel abroad, you must make sure to have all necessary travel documents and be prepared for possible delays at U.S. consulates and ports of entry. Make sure to contact your designated Fragomen professional to discuss any travel plans. 

The following are some frequently asked questions and important tips to consider if you are thinking about leaving the United States before October 1. 

1. My H-1B petition and application to change status to H-1B have been filed and are pending with USCIS. May I travel internationally while they are pending? 

If you leave the United States before your change of status is approved by USCIS, you will have to take extra steps to assume your H-1B status on October 1. 

According to a longstanding government policy, if you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS could still approve the H-1B petition itself, but you would not automatically change to H-1B status on October 1. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return. If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See below for more information about the visa application process. 

2. I am an F-1 student who is still in school and I am not applying for optional practical training. After my H-1B petition and application to change status are approved, can I travel abroad before October 1? 

After your change of status is approved but before it takes effect on October 1, you should be able to travel abroad and reenter, as long as your course of study is not finished and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 3.) 

When you travel, make sure you are carrying a valid passport with a valid F-1 visa stamp and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid and you will need to get a new one to reenter in F-1 status, you should expect delays during the visa application process. If you have an approved H-1B petition, it may be difficult for you to demonstrate nonimmigrant intent, which is a requirement for F-1 students. See Question 6 for more information about these issues. 

3. I am finished with my F-1 course of study and I am not applying for optional practical training. After my H-1B petition and change of status are approved, will I be able to travel abroad? 

You cannot return to the United States in F-1 status if you travel abroad after your studies are finished. As long as your H-1B petition was filed before your F-1 student status expired, you can remain in the United States during the cap gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. But an F-1 student who travels abroad during the grace period or the cap gap cannot be readmitted to the United States in F-1 status. If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

4. I am a J-1 exchange visitor who is the beneficiary of an approved H-1B petition for employment starting October 1, 2013. May I remain in the United States until then? 

It depends. As a J-1 exchange visitor, you are authorized to remain in the United States for the duration of your exchange program, plus a grace period of 30 days. If your J-1 period of stay and grace period end before September 30, 2013, you must depart the United States and apply for an H-1B visa abroad. You are not eligible for a change of status to H-1B because there will be a gap between the end of your period of authorized stay and the day your H-1B petition takes effect. Unlike F-1 students, J-1 exchange visitors are not eligible for cap gap benefits. 

However, if your J-1 period of stay (including grace period) remains valid through the start date of your approved H-1B petition and application to change status to H-1B, you may remain in the United States in J-1 status before your change of status takes effect. 

5. I am an F-1 student awaiting a change of status to H-1B and my OPT has expired. If I travel before October 1, what are the risks? 

If you travel abroad after your OPT has expired, you cannot return to the United States in F-1 status. As long as your H-1B petition was filed before your OPT expired, you can remain in the United States and work during the cap gap period between the end of OPT and October 1. But if you have completed studies and OPT and you travel abroad during the cap gap, you cannot be readmitted to the United States in F-1 status. 

If you must leave the United States, you will have to wait to apply for an H-1B visa to return. You will not be able to work again in the United States until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

6. I am currently in a valid period of OPT and I have a valid employment authorization document. Is international travel possible if my change of status petition has been approved? 

Yes, if you are in valid OPT, have a valid EAD and your change of status to H-1B has been approved before you leave, you should be able to return to the United States in F-1 status, as long as you have the appropriate documents and are able to show visa and immigration officers that you intend to comply with F-1 rules, including having nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1 as long as you have returned to the United States before that day. 

You will need the following documents to reenter in F-1 status: 

• A valid passport with a valid F-1 visa stamp. If you need to apply for a new F-1 visa stamp to reenter the United States as a student, you should expect delays at the U.S. consulate and at the port of entry (see Question 7 for more details); 
• A Form I-20 that is endorsed for travel by a designated school official; 
• A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a designated science, technology, engineering or mathematics (STEM) field, you should not leave the United States until you receive your new EAD for the extension period; and 
• A letter from your OPT employer that verifies your employment. You must have an OPT job or job offer before you leave the United States. If you go abroad before you find a job, your OPT period will be terminated and you will not be able to return to the United States unless and until you obtain an H-1B visa.

If you travel abroad while on OPT, caution is advised. In particular, pay attention to the number of days you spend outside the United States, because that time could be counted against the regulatory limit on unemployment during the OPT period. USCIS rules require an F-1 student to have no more than 90 days of unemployment during OPT (or 120 days for F-1s who have received an OPT extension based on a STEM degree). This includes time spent outside the United States, unless international travel takes place during leave that is authorized by your OPT employer or is part of your OPT employment. 

7. Before October 1, I plan to leave the United States and reenter in my F-1 status, but I will need to apply for a new F-1 visa while I am abroad. What should I expect during the visa application process and at the port of entry? 

You should be prepared for possible delays and difficulties when you apply for a new F-1 visa and when you are inspected at the border. 

First, like any visa applicant, you could be required to go through a security clearance before your visa can be issued. If your name, personal details or travel history match or are similar to information in government security databases or travel watch lists, the State Department will not be able to issue a visa until it confirms that you are not the same person as an individual who appears on a security list. Many security clearances get resolved in a matter of weeks, but if you have a common name, your clearance could take several months or longer. If this occurs, your reentry to the United States could be delayed. 

Second, officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to return to your home country. Having a foreign residence that you do not intend to abandon is a requirement for F-1 status. If you have an approved H-1B in the system, consular and border officials will know that you have a professional job in the United States – a possible indication of strong ties to the United States. If a consular or border officer questions your intentions, you could have your visa or entry denied or delayed, and may have to wait overseas until you can apply for an H-1B visa to enter and start your H-1B employment. Having a foreign residence is not a requirement for an H-1B visa. 

8. If I decide to leave the United States before October 1, how soon can I apply for my H-1B visa and enter the United States in H-1B status? 

You can generally apply for your visa up to 90 days before your H-1B petition start date, according to State Department rules. If your start date is October 1, 2013, you would be able to apply for your H-1B visa no earlier than July 3, 2013. But procedures differ among U.S. consulates, so you should check with the consulate where you will apply for specific instructions on when you can submit your visa application. Contact information for U.S. embassies and consulates is available at http://usembassy.gov/.  

Once you have applied for your H-1B visa, be prepared for a possible security clearance. As discussed in Question 7, if your name, personal details or travel history match information in government security databases or on travel watch lists, the State Department will not be able to issue your visa until it confirms that you are not the same person as a listed individual. A security clearance may also be required if you will work in high technology, engineering or the sciences, or with products or services that have both commercial and military applications (known as "dual use" technologies). Security clearances typically get resolved in a matter of weeks, but can take several months or longer depending on the circumstances. 

Once you have received your H-1B visa, you may enter the United States up to ten days before your H-1B petition start date. If your start date is October 1, 2013, you can enter as early as September 21, 2013. The extra ten days allows you to get settled in the United States, but you cannot do H-1B work during this time. You are not authorized to start your H-1B employment until your actual petition start date.