SEVIS Training & Fact Sheets For Schools, Programs and DSOs
Schools and Programs – Via ICE
Release 5.1 Training Slides
Release 5.1 Training Slides – F/M Users (PDF)
Release 5.1 – 5.2 Training Slides – J Users (PDF)
Emergency Information
SEVIS Tips for Emergency Evacuations
Technical Information For Users
How Do I Get a Temporary Password for SEVIS?
Technical Guidance and SEVIS User Manuals
SEVIS Technical Notices and Current Updates
Web-based Training Course for School Officials
The Student and Exchange Visitor Program (SEVP) is pleased to launch
the web-based training course entitled “SEVIS Training for School
Officials. ” This training will provide instruction to you on your
responsibilities and those of the foreign students in meeting their
obligations in Student and Exchange Visitor Information System (SEVIS)
. The course will assist newly Designated School Officials who need
additional guidance on completing various actions required to update
and maintain student information in SEVIS, it will also serve as a
useful resource tool for the veteran school officials. Enjoy the
Course!
Privacy Impact Assessment
The availability of information is made all the easier today due to
the Internet, technological changes in computers, digitized networks,
and the creation of new information products. The E-Government Act of
2002 recognized that these advances also have important ramifications
for the protection of personal information contained in government
records and systems. The Act mandates an assessment of the privacy
impact of any new or substantially revised Information Technology
System. The document that results from these mandated assessments is
called a Privacy Impact Assessment (PIA).
In addition, the Privacy Act of 1974 requires Federal agencies to
explain in a system of records notice the types of personally
identifiable information that they will collect, use and maintain. A
system of records notice also informs the public of the reason for
collecting the information, how it will be safeguarded and how it will
be used for agency purposes.
The Student and Exchange Visitor Program has recently published both
a Privacy Impact Assessment and a System of Records Notice for the
Student and Exchange Visitor Information System (SEVIS) and both are
now available for review on our website.
SEVIS Privacy Impact Assessment (PDF)
Privacy Act of 1974 (SORN) (PDF)
SEVIS Publications
Notices
How To File The I-17 Peition To Be Approved To Enroll Nonimigrant Students (F Or M Visa) (PDF) 10/25/2005
Notice of the System of Records Notice (SORN) (PDF) 4/8/2005
How To Prepare For A Site Visit (PDF) 11/2/2005
SEVIS Reporting Requirements for Academic Institutions at the Start of Each Term or Session 06/16/05
School Recertification through December 2004 (PDF)
Documents Accepted In Lieu of Accreditation (PDF)
Rules
Regulations
8 CFR 214.2 (f) Academic and Language Students
8 CFR 214.2 (m) Vocational Students
8 CFR 214.3 Petitions for Approval of Schools
Useful Information
Social Security Procedures
Pursuing Employment In The United States (PDF)
New Procedure between the Social Security Administration (SSA), the
Department of Homeland Security (DHS) and Department of State (PDF)
Memo on Pursuing Employment In The United States (PDF)
Fact Sheets and Frequently Asked Questions
Frequently Asked Questions
I-17 Frequently Asked Questions
Useful Links
U.S., Canada seek way around border passport plan
USA TODAY
The Homeland Security and State departments are trying to come up with a cheap, convenient way for U.S. citizens and Canadians to prove their identities while crossing the border.
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Faced with growing opposition to a proposal requiring people to show passports or other similar IDs, the Bush administration will propose new forms of identification next spring, Homeland Security spokesman Jarrod Agen said.
It’s unclear what kind of an ID might be used, but Agen said the government is looking for ways to make the new card easy to obtain and carry.
“We’ve heard and certainly recognize the concerns that folks don’t want this delaying them or creating problems along the border,” Agen said.
The passport requirement would be phased in by 2008. Among those complaining about the idea is British Columbia Premier Gordon Campbell, who said Wednesday that requiring people to use passports to cross land borders “will do very serious damage to our tourist industry and the tourist industry of Washington state.”
He and Washington Gov. Christine Gregoire are asking President Bush to develop a border-crossing card.
The passport plan, proposed in April, is part of a post-9/11 effort to tighten security along the nation’s vast borders.
It would require U.S. citizens to show passports or similar IDs instead of just driver’s licenses or birth certificates when re-entering the country from Canada, Mexico, Panama, Bermuda and the Caribbean. And it would require Canadians, who can now enter with driver’s licenses, to show a passport to enter the USA.
Businesses, the tourism industry and politicians have warned that the requirement would stifle cross-border travel and hurt the economy. They say passports or comparable documents are too expensive and would discourage travel.
One in five Americans has a current passport. The typical cost to obtain one is $97.
Andrew Rudnick of the Buffalo Niagara Partnership said a passport requirement would not stop terrorists who aren’t likely to use official checkpoints to cross the border.
Rudnick said up to 15 million tourists visit the Niagara Falls area each year and the economy could take a huge hit under the passport rule. “People are very nervous around here.”
Agen noted that the 9/11 Commission recommended a secure ID for the borders and Congress ordered the Bush administration to develop one. Driver’s licenses don’t prove nationality, he said, and there are hundreds of variations, which make it hard for agents to recognize fakes.
M-Nonimmigrants: Entry and Exit FAQ
FAQ for M-Nonimmigrants: Entry and Exit – VIA ICE
SEVP made every effort to provide complete answers to these common
questions. However, each person’s individual circumstances differ. So
while these questions and answers serve as a general guide, they may
not provide all the information you need to determine whether it is
appropriate to travel or whether you will be readmitted to the United
States. You can contact your Designated School Official (DSO), your
embassy or consulate, or your legal counsel for further assistance.
Please remember that the U.S. Customs and Border Protection (CBP)
officer at the Port of Entry (POE) decides whether or not nonimmigrants
are admitted to the United States. This decision is based upon the
facts and circumstances presented at the time you apply to enter. SEVP
cannot guarantee that you will be admitted or readmitted to the United
States.
-
1. Initial Entry For Students (M-1 Nonimmigrants)
2. Reentry For M-1 Nonimmigrants Traveling Outside The United States For Five Months or Less
3. Renewing Your M-1 Student Visa
4. Initial Entry for Spouses and Minor Children of M-1 Students (M-2 Nonimmigrants)
Consular processing for B, F and J nonimmigrant visa applicants
Section 214(b) of the Immigration and Nationality Act (INA) is the basis for a substantial number of denials of nonimmigrant visa applications at the consular level. It reads;“Every alien shall be presumed to be an immigrant until he/she establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…” In short, this section of the INA presumes every applicant for a visa to America intends to reside in America. It is the burden of each visa applicant to demonstrate that this is not the case – that they only intend to visit America for a short duration. In qualifying for a B (Visitor) F (Student) or J (Exchange Visitor) visa, an applicant must demonstrate compliance with this section of the law. (Note that these requirement do not apply to H or L Visa holders who can maintain ‘dual-intent’).
Consular officers have the last word in deciding who may enter the US. They begin by evaluating each applicant for a non-dual-intent visa (B, F, J among others) to determine whether the applicant has strong ties abroad. Some examples of ties can be a job, a house, a family, and a bank account. These ties bind an applicant to their home country and demonstrate that they will return after the trip to America. Despite the fact that consular officers attempt to provide a case-specific evaluation, they have limited time allotted to each client. It is imperative that the applicant have a well documented and organized petition which demonstrates the strength of the case by providing evidence of strong ties. Unfortunately, as you can imagine, these requirements are somewhat harder to prove for younger applicants, or for those applicants who have a Green Card pending (which manifests a future intent to abandon the home country and reside in the US).
The applicant should also document how they will support themselves financially for the visit and why they are visiting the United States. Temporary trips of a short duration, for a specified period of time – with clearly defined start and end dates (such as a marriage, education, graduation or a religious event) are more likely to be approved. Remember that an invitation letter and evidence of funds of the American ‘sponsor’ are of limited benefit to the applicant – the consular officer is mainly concerned with the qualifications of the applicant themselves.
An applicant who has been refused can attempt to enter the US again since a denial under section 214(b) is not permanent, however, the more times an individual is turned down the harder it becomes to become eligible for subsequent approvals. The consular officer will only reconsider a case if an applicant can show additional evidence of ties outside the United States. The applicant’s situation must have substantially changed since the last application. Demonstration of strong ties is still key.
USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2006 – Press Release
Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first six months of Fiscal Year 2006 (FY 2006). USCIS is hereby notifying the public that December 15, 2005 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2006. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the first half of FY 2006. USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on December 15, 2005. This process will select the number of petitions needed to meet the cap. USCIS will reject all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B workers seeking employment start dates prior to April 1st that arrive after December 15, 2005. USCIS will continue to accept petitions for new H-2B workers seeking employment start dates on or after April 1, 2006 that arrive after the “final receipt date” only if such petitions are supported by a valid temporary labor certification. Petitions for both current and returning H-2B workers do not count towards the congressionally mandated bi-annual H-2B cap. “Returning workers” are exempt from H-2B cap limitations. In order to qualify, the worker must have counted against the H-2B numerical cap between October 1, 2002 and September 30, 2005. Any worker not certified as a “returning worker” is subject to the numerical limitations for the relevant fiscal year. Petitions received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the H-2B cap will not be rejected, and petitioning employers will receive partial approvals for those aliens who qualify as “returning workers” if otherwise approvable. USCIS will continue to process petitions filed to: • Extend the stay of a current H-2B worker in the United States; • Change the terms of employment for current H-2B workers and extend their stay; • Allow current H-2B workers to change or add employers and extend their stay; or • Request eligible H-2B “returning workers.” More information about the H-2B work program is available at http://www.uscis.gov or by calling the National Customer Service Center at 1-800-375-5283.
USCIS ISSUES CITIZENSHIP AND NATURALIZATION FACTS – FACT SHEET
• According to a recent Pew Hispanic Center report, 11.3 million naturalized citizens live in the United States.
• Nearly eight million immigrants living in the United States are eligible for naturalization.
• During FY2004, USCIS welcomed more than 537,000 new citizens.
• Nearly 70% of all new citizens naturalized during FY2004 call California, New York, Florida, Texas, Illinois, or New Jersey home.
• 54% of all new citizens naturalized during FY2004 were women.
• Asia is the leading continent of birth among persons naturalizing. 42% percent of new citizens naturalized during FY2004 were born in Asia.
• Mexico was the leading country of birth among persons who naturalized in FY2004. More than 63,000 Mexicans became U.S. citizens in FY2004.
• Since September 11, 2001, USCIS has naturalized 24,745 military service members.
• There are approximately 40,000 immigrant military service members serving around the world. During FY2005, USCIS naturalized 8,504 military service members. A total of 7,498 service members were naturalized stateside and a total of 1,006 service members were naturalized overseas. USCIS is currently processing an additional 3,472 military naturalization applications for FY2006.
• Since September 11, 2001, USCIS has granted posthumous citizenship to 69 military service members. 65 served in operations in Iraq and Afghanistan, four served during previous conflicts in Vietnam and World War II.
• USCIS’ Office of Citizenship recently introduced a New Immigrant Orientation Guide, Civics Flash Cards and other free tools to help applicants prepare for citizenship. These materials are available at http://uscis.gov/graphics/citizenship
ARRIVING AT A U.S. PORT OF ENTRY … WHAT A STUDENT CAN EXPECT – FACT SHEET
Via ICE – U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program (SEVP) is committed to facilitating your stay in the United States while you take advantage of our nation’s academic, educational, and cultural offerings. To enhance security without slowing legitimate travel, the Department of Homeland Security (DHS) has instituted some changes in U.S. entry and exit procedures. Careful planning and preparation by international students can ensure that any delay based on these procedures is minimal.
PLAN YOUR ARRIVAL
You may be refused entry into the United States if you attempt to arrive more than 30 days before the program start date listed on your SEVIS I-20 form.
ALWAYS HAND-CARRY YOUR DOCUMENTS
Do not check the following documents in your baggage. If your baggage is lost or delayed, you will be unable to present the documents at your port of entry. As a result, you may not be able to enter the United State
- Your passport, valid for at least six months beyond the date of your expected stay;
- SEVIS Form I-20.
In addition, it is strongly recommended that you also hand carry the following documentation:
- Evidence of financial resources;
- Evidence of student status, such as recent tuition receipts and transcripts;
- Paper receipt for the SEVIS fee, Form I-797, and
- Name and contact information for your “Designated School Official”, including a 24-hour emergency contact number at the school.
For comprehensive information on procedures for traveling and arriving in the United States, visit: http://educationusa.state.gov/predeparture/travel/customs.htm
COMPLETE YOUR ENTRY PAPERWORK
If Arriving By Air: Flight attendants will distribute Customs Declaration Forms (CF-6059) and Arrival Departure Record Forms (I-94). These must be completed prior to landing.
If Arriving By Land or Sea: The CBP Officer at the port of entry will provide the necessary Customs Declaration Forms (CF-6059) and Arrival-Departure Record Forms (I-94) to be filled out upon your arrival.
AS YOU ARRIVE AT THE PORT OF ENTRY
Proceed to the terminal area for arriving passengers. Have the following documents available for presentation: your passport; SEVIS Form (I-20); Arrival-Departure Record Form (I-94); and Customs Declaration Form (CF-6059). The Form I-94 should reflect the address where you will reside, not the address of the school or program.
All visitors entering the United States must state their reason for wishing to enter the country. You will also be asked to provide information about your final destination. It is important that you tell the CBP Officer that you will be a student. Be prepared to include the name and address of the school program where you will enroll/participate.
Once your inspection is successfully completed, the inspecting officer will:
- Stamp your SEVIS Form for duration of status (“D/S”) for F visa holders
- Stamp your SEVIS Form for 30 days beyond program end date for M visa holders
- Stamp the Arrival-Departure Record Form (I-94) and staple it in the passport
FOLLOWING ADMISSION INTO THE UNITED STATES
Students should report to their school within 30 days of the date that appears on the SEVIS I-20 form to register for courses or to validate their intended participation. Failure to do so may result in serious consequences.
ADDITIONAL INFORMATION
SECONDARY INSPECTION REQUIREMENTS
If the CBP officer at the port of entry cannot initially verify your information or you do not have all of the required documentation, you may be directed to an interview area known as “secondary inspection.” Secondary inspection allows inspectors to conduct additional research in order to verify information without causing delays for other arriving passengers.
The inspector will first attempt to verify your status by using the Student and Exchange and Visitor Information System (SEVIS). In the event that the CBP Officer needs to verify information with your school or program, we strongly recommend that you have the name and telephone number of the foreign student advisor at your school. In the event you arrive during non-business hours (evening, weekends, holidays), you should also have an emergency or non-business hour phone number available for this official.
Failure to comply with U.S. government entry-exit procedures may result in your being denied entry to the United States. Under certain circumstances, the CBP officer may issue a “Notice to Student or Exchange Visitor” Form (I-515A), which authorizes temporary admission into the United States. Work with your school to submit the proper documentation without delay.
US-VISIT
All nonimmigrant visitors holding visas — regardless of race, national origin, or religion — participate in the US-VISIT program, a comprehensive registration system tracking entries to and exits from the United States. For more information: www.dhs.gov/dhspublic/interapp/editorial/editorial_0440.xml
NATIONAL SECURITY ENTRY-EXIT REGISTRATION SYSTEM (NSEERS)
Some individuals may be asked to provide additional information under the National Security Entry-Exit Registration System (NSEERS). A packet of information will be available at the port of entry explaining the registration procedure. For more information: www.dhs.gov/dhspublic/interapp/editorial/editorial_0440.xml
H-1B & H-4 Consular Processing Document Checklist
The following is a checklist utilized by the Chennai Consulate, however, you should strive to obtain as much of this information as possible even if your appointment is not in Chennai. This is not an exhaustive list, and you may take other documents with you if you have them, but the following are absolute essentials. Remember to answer the Consular Officer’s questions honestly, confidently and succinctly.
For H-1B Visas
1. Original notice of approval (I-797), the H-1B petition along with an attorney-authenticated copy of the petition, the LCA and other supporting documents, DS-156/157 w/2 passport style pictures;
2. The originals of the applicant’s university degree certificate and mark sheets;
3. Letter from petitioning employer confirming employer’s intent to hire the applicant;
4. Originals of the applicant’s work experience letters;
5. Pay slips from current or most recent place of employment;
6. Current telephone numbers of the personnel managers at the applicant’s present and past jobs;
7. Provide written directions, utilizing common names and landmarks to the applicant’s present and past jobs;
8. Photographs of the inside and outside of the applicant’s current or most recent place of work;
9. Names and contact information of two co-workers from past jobs;
10. A complete resume (bio-data) and cover letter describing current job duties in detail;
11. Personal bank records for the last six months;
12. U.S. company information: photographs of the inside and outside of the company’s offices, prospectus, brochures, and annual report;
13. If the applicant is current working in the United States on an H-1B visa, also submit pay slips for the current calendar year and federal tax returns (IRS Form 1040 and W-2) for all years in which the applicant was employed in the United States;
14. A complete set of photocopies of the above listed documents. The application will not be accepted without the originals and photocopies.
For H-4 Visas
1. Birth records of children;
2. Marriage registration certificate;
3. Original I-797 Notice of Approval;
4. Copy of principal’s H-1B petition, LCA and supporting documents;
5. Wedding invitation and wedding photos;
6. All 36 pages of the principal applicant’s passport (if not applying with principal applicant). If a copy of the passport is submitted, it should be a GOOD copy and the photo must be clearly identifiable;
7. A letter from the H-1B company confirming the continued employment of the applicant’s spouse;
8. Copy of the principal applicant’s work experience letters;
9. Copy of the principal applicant’s offer of employment with the U.S. company; and
10. If the principal applicant is currently working in the United States on a H-1B visa, then submit pay slips for the current calendar year and federal tax returns (IRS Form 1040 and W-2s) for all the years in which he or she has been employed in the United States on the H-1B visa.
Sanctions & Penalties against H-1B Sponsors Who Violate Laws
It is extremely important to utilize the services of an
Immigration Attorney when filing an
H-1B. Small errors or oversights
can subject an employer to a
multitude of sanctions and penalties. Our law firm works actively
with our clients to ensure the
maximum amount of protection from
such penalties. In
addition to the fines and penalties
discussed below, willful violators
may be randomly investigated by the USCIS for a period of five years. Click here to for more information about the H-1B.
1. $1,000 fine and one-year prohibition
from filing immigrant and
nonimmigrant visa petitions for
failure to meet strike or layoff
attestation; substantial failure to
meet working-condition attestation
or displacement attestation, posting
or recruitment attestations, or
misrepresentation of material fact
in the LCA;
2. $5,000 fine and two-year prohibition
from filing immigrant and
nonimmigrant petitions for willful
failure to meet any attestation, or
willful misrepresentation of
material fact in the LCA; and
3. $35,000 fine and three-year
prohibition for willful failure to
meet an attestation condition, or
willful misrepresentation of a
material fact in an LCA, in the
course of which failure or
misrepresentation, a U.S. worker is
displaced during the period
commencing 90 days before filing the
application and ending 90 days after
filing the H-1B visa petition.
4. $5,000 and prohibition from filing
petitions for two years for
retaliation against employees who
are ‘whistle blowers’. The whistle
blower provision covers employees,
former employees, and applicants who
disclose information to the employer
or to “any other person” that the
“employee reasonably believes
evidences” is a violation of INA
§212(n). Also protected by the
whistle blower provision are
employees, former employees, and
applicants who cooperate or seek to
cooperate in a proceeding or
investigation concerning the
employer’s compliance with INA
§212(n). The employer violates the
whistle blower provision by
intimidating, threatening,
restraining, coercing, blacklisting,
discharging, or in any other manner
discriminating against a whistle
blower. The ACWIA allows an H-1B
nonimmigrant whistle blower to
continue to work in the U.S.
following retaliation by the
employer.
5. $1,000 penalty for requiring an H-1B
nonimmigrant to pay a penalty to the
employer for leaving the job prior
to a contracted date. Employer may
also be required to return the
amount paid to the H-1B nonimmigrant
unless the amount is purely
liquidated damages.
6. Penalty for benching an H-1B. An
employer is in violation of the LCA
requirement at INA §212(n)(1)(A) for
placing an H-1B nonimmigrant in
unpaid nonproductive status due to a
decision by the employer “based upon
factors such as lack of work,” or
due to the H-1B nonimmigrant’s lack
of a permit or license. A violation
will be found for failure to pay
full-time wages to a full-time
employee, failure to pay a part-time
employee the part-time rate
identified in the visa petition,
failure to pay a new H-1B employee
within 30 days of admission, or
failure to pay a new H-1B
nonimmigrant already present in the
United States within 60 days of the
date the nonimmigrant becomes
eligible to work for the employer.
The prohibition against unpaid
nonproductive status does not apply
to nonproductive time due to
non-work related factors such as a
voluntary request by the
nonimmigrant for an absence like
maternity leave or circumstances
rendering the nonimmigrant unable to
work. The prohibition against unpaid
bench time also does not preclude a
“school or other educational
institution” from paying an annual
salary over fewer than 12 months if
it is an established practice and
the beneficiary agrees to it.
7. $1,000 penalty per violation and one
year’s disbarment from filing H-1B
visas, or $5,000 per willful
violation and two years disbarment
for an employer’s failure to offer a
job to a qualified U.S. worker or
misrepresenting the attestation as
required by INA §212(n)(1)(G).
8.
If an H-1B nonimmigrant
is dismissed before the end of the
period of authorized stay, the
employer is liable for the costs of
return transportation to the
beneficiary’s foreign residence. Any
dismissal is covered, including one
for cause. The exception is when the
beneficiary voluntarily terminates
employment. In addition, the
employer is now required to withdraw
the H-1B petition to ensure that it
is no longer obligated to pay the
required wage for the employee who
has been terminated.
H-1B Employer to pay fine and $2.25M in back wages for benching and underpaying H-1B workers
(11/29/2005) – Southfield, Mich.- based IT services company Computech Corp. will pay $2.65 million in back wages and fines to settle a U.S. Department of Labor (DOL) complaint that it underpaid 232 H-1B workers. It will also be prohibited from participating in the H-1B visa program for 18 months under an agreement announced last week by the DOL.
Computech was formed in 1996, and the settlement covers violations alleged to have occurred between 1998 and 2000.
Within two years of its founding, the company had brought on more than 200 foreign workers. The company failed to pay these workers minimum required wage rates and frequently benched workers, the DOL said in a statement. Benching refers to the practice of not paying workers in between contracting jobs.
A DOL spokesman stated that the settlement may well be the largest back wage payment ordered under the H-1B sanctions program.
Computech’s president, Ram Kancharla stated that the company today has about 400 to 500 employees. He said the company is less dependent on H-1B workers today, but in 1998, there was a shortage of workers with the technology skills in Java- and Web-related work. The company handles ERP implementations, application support and development, and remote database management. It conducts work in India and the U.S. and has more than 200 employees based in the U.S.
“The Department of Labor aggressively enforces the law to ensure that temporary foreign workers are compensated fully and fairly,” Secretary of Labor Elaine L. Chao said in a statement. “Abuse of the temporary foreign worker program is not tolerated and violators, as this case shows, are vigorously pursued.”
How To Report a Change of Address to the USCIS
VIA USCIS – All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a “special registrant” under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the USCIS whenever he or she has a change of address, employment or school. The special registrant rule is effective as of September 11, 2002.
Who Must Comply?
All aliens in the United States who are required to be registered under the law (INA § 262 and 261) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263).
How Do I Report?
All aliens changing their address must file Form AR-11 with the USCIS address listed on the form. That address is:
- U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services, only:
U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744
USCIS has created an additional procedure and recommends additional notifications for those aliens who are also applicants for benefits. Applicants and Petitioners with pending cases should telephone customer service at 1-800-375-5283 to report their change of address and get the address on the pending application/petition changed. If you are not a U.S. Citizen you will also be required to complete a Form AR-11. If you are not a U.S. citizen and you have a case pending with USCIS you need to do both – call customer service and complete the Form AR-11. The AR-11 is used by non-U.S. citizens to meet the legal requirements of informing USCIS of any change of address. Presently, completing an AR-11 does not update your address on any pending case. Also, while calling customer service updates the address on your pending case, it does not meet the legal requirement of completing an AR-11. Please see Change of Address (found under Contacting Us) on your local office About Us page.
Penalties for Failure to Comply
A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime. If convicted, the alien (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of an alien’s stay in the United States. Failure to comply could also jeopardize the alien’s ability to obtain a future visa or other immigration benefit.
Travel (with prior H-1B visa) and H-1B portability
The
legacy INS Memorandum from Michael
A. Pearson, Executive Assoc. Comm’r,
Office of Field Operations (Jan. 29,
2001) gives details regarding when
an H-1B holder who transferred to a
new company is able to travel while
awaiting the new H-1B adjudication.
The
letter states that an H-1B
beneficiary is admissible at a port
of entry even if he or she is no
longer working for the original
petitioner, provided that the
following conditions are met:
1. The
applicant is otherwise admissible;
2. The
applicant, unless exempt under 8 CFR
§212.1, §1212.1, is in possession of
a valid, unexpired passport and visa
(including a valid, unexpired visa
endorsed with the name of the
original petitioner);
3. The
applicant establishes to the
satisfaction of the inspecting
officer that he or she was
previously admitted as an H-1B or
otherwise accorded H-1B status. If a
visa exempt applicant is not in
possession of the previously issued
Form I-94, Arrival/Departure Record,
or a copy of the previously issued
I-94, the applicant may present a
copy of the Form I-797, Notice of
Action, with the original petition’s
validity dates; and
4. The
applicant presents evidence that the
new petition was filed timely with
the Service Center, in the form of a
dated filing receipt, Form I-797, or
other credible evidence of timely
filing. In order to be a timely
filing, the petition must have been
filed prior to the expiration of the
H-1B’s previous period of admission.
The burden of proof is on the
applicant to show that he or she is
admissible as an H-1B and eligible
for visa portability provisions
described in AC21.
USCIS REMINDS APPLICANTS FOR ADJUSTMENT OF STATUS TO OBTAIN ADVANCE PAROLE BEFORE HOLIDAY TRAVEL ABROAD – Press Release
11/02/2005 – WASHINGTON, DC – U. S. Citizenship and Immigration Service (USCIS) reminds individuals with an application for adjustment of status to that of lawful permanent resident, an application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203), or an asylum application, that they must obtain Advance Parole by filing Form I-131, Application for Travel Document (available online at http://www.uscis.gov), with USCIS before traveling abroad.
Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status. Individuals must be approved for Advance Parole before leaving the United States. Individuals who have been granted Temporary Protected Status (TPS) must also apply for advance parole if they want to travel abroad. Travel outside of the United States without Advance Parole has severe consequences and individuals who violate this law may be unable to return to the United States and their applications may be denied.
Applicants can apply for Advance Parole at a local USCIS district office or a USCIS Service Center. Processing time for Service Centers ranges from 90-150 days while local district offices vary from district to district. Applicants planning travel abroad should plan ahead due to the busy holiday travel season. For more information on Advance Parole see the USCIS Travel Advisory Questions and Answers Fact Sheet.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.
USCIS urges all aliens with pending applications for adjustment of status, relief under NACARA 203 or asylum to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the USCIS National Customer Service Center at 1-800-375-5283, or the USCIS web site: http://www.uscis.gov before making any foreign travel plans.
The U.S. Immigration Law Blog by Ashwin Sharma 