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Immigration Law & Other Regulatory Updates

This page is designed to provide the reader with important information about the most recent changes and developments in U.S. immigration law. It is updated as events necessitate.

Before taking action based on any of the following information, you are strongly advised to consult a qualified staff member in the Office of International Services at the University of Pittsburgh. See the disclaimer at the bottom of the page.

REGULATORY CHANGES AFFECTING OPT

Posted 4/08/2008

On April 8, 2008 the Department of Homeland Security posted an interim final rule that changed the rules regarding Optional Practical Training (OPT).  As a reminder, OPT is off-campus employment authorization available to F1 students for practical training directly related to the student's major area of study.  Students are eligible to apply for OPT after one academic year of full-time study.  OPT may be used either during or after completion of a student's program of study.  This new rule is effective immediately and has provisions that will impact current students as well as those already on OPT. 

REFERENCE: DHS Interim Final Rule - "Extending Periods of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students with STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students with Pending H-1B Petitions"

EFFECTIVE DATE:  April 8, 2008

_______________________________________________________________________________

OPT Filing Window Extended

  • The acceptable time window for filing for OPT has been extended to include the 60-day grace period following completion of studies. Therefore, under the new rule, a student will be able to file the I-765 and apply for OPT up to 90 days prior to and up to 60 days after his or her program end date. Prior to this change in the regulation, a student could not file after the program end date.
  • It is important to note that the requested start date for OPT must still be within the 60 days after the program end date.  The OPT application process typically takes about 3 months, so students who apply for OPT during the 60 day grace period after program completion will likely lose OPT time while the application is pending with the USCIS.  The Office of International Services still recommends applying for OPT at least three months prior to the requested OPT start date.

     

back to OPT Changes menu.

Reporting Requirements During OPT Established and Maintaining Status During OPT Defined

  • Reporting requirements have been established for all students while on OPT. All F-1 students on OPT are now required to report to OIS any change in name or address of your employer, and any interruption of employment while on OPT (NOTE: A separate message on the initial requirement for OPT validation was sent out to all current students earlier this week). This is in addition to requirements that were already in place for F-1 students on OPT to report any changes in their legal name or address.
  • A student on OPT can not have more than an aggregate of 90 days unemployment during the 12-month OPT period and still remain in legal F-1 status.

back to OPT Changes menu.

H-1B Cap-Gap Relief for All F-1 Students on OPT with Pending H-1B Petitions

What is the H-1B Cap Gap?

The federal government limits the number of new H-1B petitions that may be approved in a given fiscal year (the government’s fiscal year runs from October 1 to September 30).  H-1B petitions can be filed at most six months prior to the requested start date, so H-1B petitions requesting an October 1 start date (the first day of the government’s fiscal year) can be filed at the earliest on April 1.  Due to high demand for H-1B workers, the H-1B cap is typically reached within a few days of the April 1 opening of H-1B numbers for the new fiscal year.

This H-1B time line – applying in early April to start H-1B status in early October, often creates a gap in employment for foreign nationals changing status from F-1 (on OPT) to H-1B status.  If a recent graduate’s OPT expires on June 30, for instance, and his or her H-1B status does not begin until October 1, then that individual cannot work in the U.S. during the months of July, August, or September. Please note that universities are exempt from the H-1B cap – a university can file an unlimited number of H-1B petitions at any time during the year.

H-1B Cap Gap Solution.

  • Duration of status and work authorization is extended for a student on post-completion Optional Practical Training (OPT) who is the beneficiary of a timely-filed H-1B petition requesting an employment start date of October 1 of the following fiscal year (NOTE: The fiscal year for the US government begins on October 1 in a given year and ends on September 30 in the next calendar year).
  • This applies to all students on OPT.  No application is required for this benefit.
  • The extension of duration of status and work authorization will automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student’s behalf.
  • Example Timeline:
    • I complete my degree on April 26, 2008
    • I begin my OPT on June 1, 2008
    • My employer files an H-1B petition for me on April 1, 2009, with a requested start date of October 1, 2009.
    • My OPT expires on May 31, 2009 (12 months after it started).  However, I can continue to work for my employer through the end of September, so long as my H-1B petition is either approved or pending.
    • The Office of International Services strongly recommends that you do not travel internationally in the time period between when your EAD expires and your H-1B status begins.  You may have difficulty re-entering the United States.

back to OPT Changes menu.

Extending Periods of OPT by 17 Months for F-1 Students with Science, Technology, Engineering, and Mathematics (STEM) Degrees

In a limited number of circumstances, F-1 OPT may be extendable by 17 months, for a total of 29 months of OPT, for certain STEM (Science, Technology, Engineering, Mathematics) degree holders.  (IMPORTANT NOTE: If your degree program is not in select STEM fields (Science, Technology, Engineering, Mathematics, you are NOT eligible for this benefit.)   

Eligibility Requirements:

  • You must be currently participating in a 12-month period of OPT, working for a US employer in a job directly related to your major area of study in one of the designated STEM fields (see below in “FAQ’s” for more information). 
  • You must have a job or job offer from an employer registered with the E-Verify employment verification system.  
  • OIS must recommend the 17-month OPT extension in SEVIS, after verifying your eligibility, certifying that your degree is on the STEM Designated Degree Program List, and ensuring that you are aware of your responsibilities for maintaining status while on OPT. 
  • You will have to apply for the 17-month extension on Form I-765 with the usual supporting documentation, photos, and fee.  
  • Your employer must agree to report your termination of employment or departure to OIS or through "any other means or process identified by DHS." An employer must consider a worker to have   departed when the employer knows you have left employment, or if you have not reported for work for a period of 5 consecutive business days without your employer's consent.  

back to OPT Changes menu.

Frequently Asked Questions (FAQ’s):
  1. What STEM fields are designated for this benefit?

Most fields within the following areas are on the STEM Designated Program List:

    • Actuarial Science
    • Computer Science Applications
    • Engineering
    • Engineering Technologies
    • Biological and Biomedical Sciences
    • Mathematics and Statistics
    • Military Technologies
    • Physical Sciences
    • Science Technologies
    • Medical Scientist

Before applying for a 17-month extension of your OPT, you must verify that the field listed in Item 5 of your I-20 is on the list (see Question 2 of this FAQ for more information).
OIS will post any changes or updates to this list on this site.

  1. How can I verify that my degree is in one of the designated STEM fields?

As a courtesy, your Immigration Specialist will check your CIP code at the time that you apply for a recommendation for your initial 12 months of OPT.  You will receive notification along with your new I-20 of whether your field of study meets the requirement.
If you have already applied for OPT, you can follow these instructions to determine whether the major/field of study listed in Item 5 of your I-20 is one of the designated STEM fields.

  1. Will I be able to continue working while my application for the extension of OPT is being processed by USCIS? 

Yes, providing you have timely filed the application for the additional 17-months of OPT. You may continue employment while the extension application is pending until a final decision on the I-765 or for 180 days, whichever comes first.

  1. If the extension is approved, are there any other requirements I must meet?

Yes.

    • Within 10 days of any change, you must report to OIS any changes in your legal name, residential or mailing address, employer’s name and address, and/or loss of employment.
    • Every six months during the extension, you will be required to respond to a validation report, confirming your name and residential or mailing address, the employer’s name and address, and any loss of employment. Your response is due to OIS within 10 business days of notification.
    • You many not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period. If you do, you will no longer be in legal F-1 status. 

    Return to top of page.

    New Regulations for J-1 Research Scholars and Professors Finalized

    Posted 11/06/2006

    The Office of International Services (OIS) recently participated in a conference call with the US Department of State (DOS) and the Student & Exchange Visitor Program (SEVP) office to discuss changes in the Student & Exchange Visitor Information System (SEVIS) related to the upcoming release of version 5.4 of the system.  Some of the changes in the system will implement the provisions of an important regulation that was posted in the Federal Register over a year ago on May 19, 2005 (NOTE: You can view the full text of that regulation here).

    This regulation allows for a five-year maximum duration of stay for J-1 Research Scholars and Professors rather than the current three-year maximum.  With the implementation of SEVIS 5.4, DOS and SEVP have indicated that this regulation will officially go into effect.  This should happen on or around November 4, 2006 when SEVIS 5.4 is installed.  It is unclear whether or not an additional regulation must be published to officially make this happen.

    UPDATE: Due to delays in the SEVIS 5.4 upgrade, the new regulation goes into effect November 18, 2006.

    THIS IS GOOD NEWS, RIGHT?
    While the extension of the maximum duration of stay from three years to five years is very positive news, the new regulation also contains many provisions that are more restrictive and quite complex and confusing. Specifically, it is our understanding, based upon the information shared during the conference call, that any J-1 Research Scholar or Professor who enters the US after the implementation of the new regulation on November 18, 2006, will be subject immediately to a new "24-month bar."  This "24-month bar" means, for example, that if a J-1 Research Scholar or Professor enters the US on December 1, 2006 and engages in a J-1 program at Pitt for 1 year, completes the program, and then leaves the US, he/she will not be able to return to the US for another J-1 Research Scholar or Professor program until he/she has been outside of the US for 24 months.  Basically, this new rule institutes a 5-year "use or loose" window effective on the program start date.  This assumes that a J-1 Research Scholar or Professor will actively pursue their activities for a 5-year window.  If they choose to end their program earlier than the maximum 5 years, they cannot return to the US in J-1 Research Scholar or Professor category, and thus open another 5-year window, until they have been out of the use for 24 months.  So, again, it is important to note that the five-year period is not an aggregate of five years. It is a continuous five-year period given to a participant on a "use or lose" basis. 

    IS THE "24-MONTH BAR" THE SAME THING AS THE "TWO-YEAR HOME COUNTRY PHYSICAL PRESENCE REQUIREMENT"?
    No. This "24-month bar" or "2-year bar" applies to movement into a J-1 program after having already participated in a J-1 program. It is different from the two-year home country physical presence requirement, commonly referred to as 212(e), which prevents movement into H, L, or LPR classifications.  J-1 Research Scholars and Professors are still eligible to apply for waivers of 212(e) and thereby move into H-1B status.

    HOW DOES THIS ALL APPLY TO ME IF I AM ALREADY IN THE US IN J-1 RESEARCH SCHOLAR OR PROFESSOR CATEGORY AT PITT?
    On or after November 18, 2006 - the effective date of this regulatory change - J-1 Research Scholars and Professors at Pitt will be eligible to extend their stay for up to five years, provided that your department continues to renew your appointment and you otherwise meet all regulatory requirements.  There is no need, however, to seek the additional time of up to five years until the normal time for extension (i.e., when your current Form DS-2019 is expiring).  Regarding the 24-month bar, please note that the 24-month bar WILL apply to you if you are completing your program on or after the effective date of this regulatory change.  If, however, you will complete your program prior to the effective date of this regulatory change, the 24-month bar will not apply to you. For example, if you complete your J-1 Research Scholar program at Pitt on November 1, 2006 and your record in SEVIS reflects this completion date, you would not be subject to the new 24-month bar; you would only be subject to the current 12-month bar.  If, however, you complete your J-1 Research Scholar program at Pitt on December 1, 2006, regardless of how long you have been in the US in that status, you will be subject to the new 24-month bar and will not be able to return in another J program for 24 months.

    I AM CONFUSED.  HOW CAN I FIND OUT MORE INFORMATION?
    Many aspects of the new regulation are still unclear.  Due to the extremely complex nature of this new regulation, it is imperative that you discuss any questions with your Immigration Specialist. Please call him/her directly to schedule an appointment or call the OIS main line at 412.624.7120 to schedule an appointment.  This is not something that can be discussed during Walk-Ins.  OIS will continue to update you as new information becomes available. (NOTE: See our listing of all Immigration Specialists, including their assigned schools/departments and their contact information.)

    FINAL NOTE FOR DEPARTMENT ADMINISTRATORS: Finally, for department administrators, please note that the J-1 Exchange Visitor (Scholar): On-line Department Request Form (DRF) Supplement will be updated and posted to our Web site Monday with new language designed to assist OIS in determining whether or not a new J-1 Research Scholar or Professor is subject to the "24-month bar."  Remember that this form does not replace the on-line Department Request Form (DRF); rather, it is a supplemental form that provides detailed information about the DRF process, as well as a form to help departments facilitate collection of data from the international for use in the DRF. This supplement may NOT be used in place of the DRF. Please read the instructions carefully. Please make a note to go to the following link to download the most up-to-date version of this form.

    Expanded Premium Processing

    Posted 10/20/2006

    The Office of International Services (OIS) is pleased to announce that on September 25, 2006, the US Citizenship & Immigration Services (USCIS) announced that it would now accept requests for Premium Processing for all employment-based US Lawful Permanent Residency (LPR) petitions.  More specifically, this means that the I-140 portion of the LPR process is now eligible for Premium Processing.  The I-485 process is not.  See below for more details below.  You may also wish to read the USCIS press release. 

    OIS has compiled a list of Frequently Asked Questions (FAQs) about Premium Processing and the impact of having this service now available for LPR petitions.  Please contact your assigned OIS Immigration Specialist if you have additional questions that are not addressed below.

    See the OIS FAQ »

    2008 Diversity Visa (DV) Lottery

    Posted 09/19/2006

    The U.S. Department of State's 2008 Diversity Visa (DV) Lottery will begin at noon on October 4, 2006. Persons seeking to enter the lottery program must register online at www.dvlottery.state.gov, which will be available from noon October 4, 2006 through noon December 3, 2006.

    View more information about the Diversity Visa Lottery »

    Retrogression in Cut-Off Dates for Employment-Based Immigrant Visas

    Posted 09/30/2005

    Employment-based (EB) immigrant visa numbers have developed cut-off dates in certain categories. The October 2005 Visa Bulletin (October 2005 is the first month of FY 2006 for the government) already shows cut-off dates in the 3rd preference in all chargeability areas, and in China and India 1st and 2nd preference categories. This trend is likely to continue throughout FY 2006 and beyond, and school-based employers will have to account for this new reality in their human resource planning. This will have major implications for those affected internationals (internationals born in China or India) who are seeking U.S. Lawful Permanent Resident (LPR) status.

    For more detailed information, NAFSA: Association of International Educators has available a Practice Advisory »

    You should also check the Visa Bulletin regularly for updates as the cut-off dates may change monthly.

    USCIS Announces Fee Adjustments

    Posted 09/27/2005

    The U.S. Citizenship and Immigration Services (USCIS) announced on 09/26/2005 in the Federal Register a revised fee structure for immigration benefits. The new fee structure becomes effective on October 26, 2005 and will add an average of $10 to each application and petition in order to account for inflation. Fees collected from persons filing immigration benefit applications and petitions are used to fund the full cost of providing immigration benefits, including the full cost of providing benefits such as asylum and refugee admission for which no fee is charged.

    View the USCIS press release »

    View an easy-to-read chart outlining the changes in the fee structure »

    Please be sure to distinguish these USCIS fees from any fees OIS may charge departments for certain processing (e.g., H-1B, O-1, and LPR cases).

    Department of State Issues Final Rule Extending Maximum Duration of Program Participation for J-1 Professors and Research Scholars

    Posted 05/19/2005

    The US Department of State (DOS) issued a final rule on May 19, 2005 extending the maximum duration of program participation for J-1 Professors and Research Scholars from the current three years to five years. The rule also implements a limitation on the eligibility for extensions beyond five years and establishes a new two-year bar for repeat participation.

    This rule becomes effective on the later of June 20, 2005, or the date the US Department of Homeland Security publishes a notice in the Federal Register announcing that it has completed the technical computer updates to its electronic Student & Exchange Visitor Information System (SEVIS) that are necessary to implement the rule.

    View the full text of the DOS Final Rule, as published in the Federal Register.

    Internationals and Departments: Please note that this rule does not change internal OIS policies and procedures relative to the processing of J-1 extensions, nor does it require any immediate action on the part of internationals or departments. While J-1 Professors and Research Scholars are now eligible for program participation up to five years, OIS is still limited by regulation to extending the Form DS-2019 in one-year increments or less. In addition, OIS will continue to require that extension requests be submitted no earlier than 120 days prior to the expiration of the current Form DS-2019. OIS will not process extensions that are received more than 120 days prior to the expiration of the current Form DS-2019.

    Please do not contact your Advisor about this regulatory change unless your current Form DS-2019 is expiring within the next 120 days and you wish to seek an extension. All others should refrain from contacting your Advisor. The extension will be processed just as it always has been in OIS except that scholars whose three-years limit is coming up and who are within the normal time frame for an extension referenced above, may now seek an extension for another two years, in one-year increments, for a total of five years. There are other nuances and complexities within the rule that the OIS Advisor will be able to explain during the processing of the extension.

    Visa Wait Times

    Posted 04/12/2005

    Advance travel planning and early visa application are important, since visa applications are subject to a greater degree of scrutiny than in the past. The Department of State now provides a service to help you estimate how long you will have to wait to get an interview appointment to apply for a visa. Click on the following link to go to the Department of State's Web site, "Visa Wait Times for Interview Appointment," for information

    This is an excellent service! Please take advantage of it to help in your travel plans if you are securing a visa to come to the US for the first time or renewing a visa during a visit home or a trip abroad for a conference.

    View information about visa fees and reciprocity tables »

    New Travel Requirements for Travelers between the United States and the Western Hemisphere

    Updated 04/12/2005

    Travelers to and from the Caribbean, Bermuda, Panama, Mexico and Canada will be required to have a passport or other secure, accepted document to enter or re-enter the United States. This is a change from prior travel requirements and will affect all United States citizens entering the United States from countries within the Western Hemisphere who do not currently possess valid passports. This new requirement will also affect certain foreign nationals who currently are not required to present a passport to travel to the United States. Most Canadian citizens, citizens of the British Overseas Territory of Bermuda, and to a lesser degree, Mexican citizens will be affected by the implementation of this requirement.

    For more information, including implementation dates, frequently asked questions, and more, please go to the Department of State Web site »

    SEVIS Fee Final Rule

    Posted 07/12/2004

    Access the full text of the Final Rule »

    View a comprehensive informational handout on the SEVIS fee »

    Beginning September 1, 2004, international students and exchange visitors (i.e., scholars, researchers, professors) with Forms I-20 or Forms DS-2019 issued on or after that date must pay a "SEVIS fee" before applying for an F, J, or M visa to enter the United States to begin a new program of study or exchange program.

    What is the "SEVIS fee?"

    The Student & Exchange Visitor Information System (SEVIS) is a web-based database tracking and reporting system overseen by the US Department of Homeland Security (DHS) and used by other US government agencies to access up-to-date information regarding international students and exchange visitors in F, J, or M visa classification. The system was originally mandated in 1996 by the Illegal Immigration Reform and Immigrant Responsibility Act and was required to be self-supporting by collection of a user fee from internationals in F, J, or M visa classification.

    After the events of September 11, 2001, development of the system was expedited and SEVIS became operational in January 2003. At that time, collection of the user fee was postponed until a viable payment system could be developed. On July 1, 2004, DHS published the long-awaited Final Rule to implement the user fee for SEVIS.

    How much is the fee?

    DHS has set the SEVIS fee as follows:

    1. For students (F-1, F-3, M-1, M-3) - $100
    2. For exchange visitors (J-1) - $100 except as noted below
      • Federally sponsored exchange visitor program (e.g., Fulbright) - NONE
      • Summer work/travel program - $35
      • Au pair program - $35
      • Camp counselor program - $35
    3. For spouses and dependent children (F-2, J-2, or M-2) of students or exchange visitors - NONE

    Who must pay the SEVIS fee?

    Under the rule, the fee will have to be paid by international students and exchange visitors who use a Form I-20 or Form DS-2019 to gain INITIAL F-1, J-1, or M-1 status to BEGIN a NEW program of study or exchange program, if that form was ISSUED on or after September 1, 2004. The fee must also be paid in certain circumstances involving changes of category, reinstatement, and other requests to DHS.

    Only individuals that fall into one of the designated payment groups referenced above using an INITIAL Form I-20 or Form DS-2019 ISSUED on or after the September 1, 2004 effective date must pay the SEVIS fee. It is important to note that the effective date applies to that date that a Form I-20 or Form DS-2019 is ISSUED, not the date it is actually used to apply for a visa or other immigration benefit (NOTE: The issue date of the Form I-20 or Form DS-2019 is the date reflected next to the signature line for OIS personnel as Designated School Officials or Responsible Officers). Therefore, use of initial Forms I-20 or Forms DS-2019 that are ISSUED prior to September 1, 2004 for new international students or exchange visitors starting this fall will NOT trigger the need to pay a SEVIS fee, even in cases where that form is not actually USED until on or after September 1, 2004.

    Who does not have to pay the fee?

    The following internationals do NOT have to pay the fee:

    1. Spouses and dependent children in F-2, J-2, or M-2 visa classification.
    2. Continuing F, J, or M nonimmigrants who are maintaining legal status and whose initial Forms I-20 or Forms DS-2019 were issued prior to September 1, 2004 (NOTE: This provision only applies to nonimmigrants returning to the US to resume participation in a program that was previously begun, in which he/she has maintained legal status, and which has not yet been completed.)
    3. Students or exchange visitors applying for an extension of stay in the same program.
    4. Students or exchange visitors transferring from one institution to another while maintaining the same status and in the same category.
    5. Students or exchange visitors coming to the United States in government-sponsored exchange programs (e.g., Fulbright).
    6. Students or exchange visitors who already paid the SEVIS fee, whose visas are denied, and who subsequently reapply for the same visa within 12 months of the initial visa denial.

    In general, an international student or exchange visitor in legal F-1 or J-1 visa status who is already in the United States at the University of Pittsburgh with a Form I-20 or Form DS-2019 that was issued prior to September 1, 2004 would not have to pay the SEVIS fee until such time as he/she falls into circumstances involving changes of category, reinstatement, and other requests to DHS. So, again, if you are an international student or exchange visitor in valid F-1 or J-1 visa status who is already in the United States at the University of Pittsburgh with a Form I-20 or Form DS-2019 that was issued prior to September 1, 2004, there is nothing you need to do at this time. You are NOT required to pay the fee as long as you continue to maintain your legal status at the University of Pittsburgh. Even if you go home and need to renew your visa, you should not be required to pay the fee as long as you present to the Consular Officer a Form I-20 or Form DS-2019 marked for "continued attendance" or "program extension," even if the form was issued after September 1, 2004. Please note, however, that this rule is new and is subject to change based upon DHS interpretation and implementation. Internationals should consult their Advisor in OIS regarding any specific questions.

    How do you pay this fee?

    The SEVIS fee collection form has been designated as Form I-901. This form must be used when paying the fee in order to link the payment to a specific nonimmigrant record in SEVIS. The form has not yet been finalized by DHS.

    Initially, there are two general fee payment options:

    1. Payment in US dollars by credit card via the Internet, which will generate a receipt as proof of payment (NOTE: At the time of this e-mail, the web address for the fee payment had not been finalized); or
    2. Payment in US dollars by check or bank draft, drawn on a US bank (NOTE: This is a mail-in procedure that will require the international to mail the Form I-901 with payment and then await the return of a receipt via mail from DHS. While internationals may elect to pay $30 more for express delivery of the receipt, this option will take quite a bit of time.)

    The SEVIS fee can be paid only through the procedures described above. There is currently no mechanism to pay the fee at a US Embassy or Consulate, or at a US port of entry. Regardless of how the fee is paid, in order to apply for the F or J visa at the US Embassy or Consulate, an international will be required to show the receipt notice documenting that he/she has paid the SEVIS fee.

    Can a "third party" pay the fee on behalf of an international student or exchange visitor?

    Yes, a third party, such as an academic department, friend, or family member may pay the fee by mail or electronically using the Form I-901. We are awaiting details and instructions for this option. DHS has also created a "bulk" payment system that may be used to pay the SEVIS fees for a group of J exchange visitors. The bulk payment system is being pilot tested. There is no F student bulk payment system in development at this time.

    DHS is developing another pilot program by which the Department of State will collect the SEVIS fee at the Embassy/Consulate at the time of visa application. The pilot will be conducted at a small number of Consulates in India and China. This program may or may not ultimately be adopted on a wider basis.

    SPECIAL NOTE FOR ACADEMIC SCHOOLS/DEPARTMENTS AT PITT - If you are interested in exploring the third party payment option for new international students or exchange visitors, please contact your OIS Advisor and we will be happy to arrange a meeting to discuss the pros and cons with you once we know more details.

    When must the fee be paid?

    The fee must be paid prior to applying for a visa stamp, but the applicant can schedule an appointment at a US Embassy or Consulate before actually paying the fee. Whether paying on-line or by mail, the payment must be received by DHS at least three business days before the date the alien reports to the Embassy/Consulate to submit the visa application and undergo a visa interview. Payment may be made anytime after issuance of the Form I-20 or Form DS-2019, and up until three business days before application for a visa or application for admission.

    For Canadian nationals who do not require a visa stamp to enter the United States, payment must be received by DHS at least three business days before the student or scholar applies at the port of entry (airport or land border crossing) for admission to the US

    Individuals applying through Citizenship and Immigration Services service centers for "change of status" to J-1, F-1, F-3, M-1, or M-3 status must pay the SEVIS fee before the service center will approve their applications.

    What if the visa is denied?

    If the visa is denied, the international student or exchange visitors will NOT get a refund of the SEVIS fee. Refunds will only be granted when someone who was not supposed to pay the fee has paid the SEVIS fee in error. If a student or scholar is denied a visa, he/she can reapply for that same visa within a 12-month period and not have to pay the fee again. DHS believes that by virtue of having a document issued through SEVIS, and having been entered into the SEVIS system for processing, students and scholars have "used" SEVIS and therefore are subject to the fee, even if the application for visa to enter the US is denied.

    Additional Information

    The academic community has been working tirelessly for over five years to mitigate the anticipated effects of the SEVIS fee on international students and scholars. These proposed fee payment methods are the result of compromises between DHS, many academic professional associations, university government relations offices, and the Department of State. The SEVIS payment system is expected to evolve and improve as students, scholars, and program sponsors begin to use the system and provide feedback to the various government agencies involved.

    The final version of Form I-901 and the SEVIS fee payment web site are not yet available to the public but will be forthcoming in the near future. We intend to review and provide feedback on these as soon as they are released.

    Update (11/19/2004): The Form I-901 and SEVIS fee payment Web site is now available.

    OIS is currently in the process of reviewing and updating all publications, pre-arrival information, post-arrival information, orientation content, and Internet content to include this very important SEVIS payment information. Our goal is to keep affected parties informed of all SEVIS-related developments. We will continue to update you via our e-mail listservs (see the OIS Overview Packet for information on how to subscribe), as well as via our Internet site.

    Update (11/19/2004): View this informational handout developed by OIS regarding the SEVIS fee.

    Please contact OIS at 412-624-7120 if you have questions about this announcement.

    USCIS Introduces New Employment Authorization Document with Enhanced Security Features

    Posted 06/01/2004

    View the announcement »

    United States Citizenship & Immigration Services (USCIS) Announces Fee Increases, Effective April 30, 2004

    Posted 04/15/2004

    View the press release »

    View the new fee schedule »

    US Department of State (DOS) Instructs Consular Posts on Student Visa Processing

    Posted 04/05/2004

    View the announcement »

    In a speech at a meeting of the Migration Policy Institute in Washington, D.C. on March 25, 2004, Ambassador Maura Harty (Assistant Secretary of State for Consular Affairs) said that DOS has again asked all of its consular posts worldwide to put in place plans to process student visa applications as effectively and efficiently as possible. While these plans will vary from post to post in view of individual circumstances, they would include such things as special windows for students, reserved interview times, priority in scheduling appointments, or dispensing with appointments and permitting walk-ins. Harty emphasized that it is a priority of her office to avoid missed start dates by international students due to visa interview delays. She also emphasized that schools must stress the importance to the students of planning ahead and starting the process as soon as possible. You may view he State Department cable to all consular posts on the subject of "The Challenging Work of Student Visas" »

    Updated Information Regarding "Special Registration" - National Security Entry-Exit Registration System (NSEERS)

    Posted 12/02/2003

    Update: On December 2, 2003, the Department of Homeland Security (DHS) published an Interim Final Rule in the Federal Register amending existing NSEERS regulations. Under the new rule, individuals subject to Special Registration are still subject to departure controls that require them to use only designated ports of departure when departing the US, but they are no longer subject to the requirements to report to DHS offices in between entry and departure (the so-called 30-day and annual re-registrations). The rule also provides that F, M, and J nonimmigrants who report changes in address and educational institution as required through SEVIS are not required to also report those changes using Form AR-11SR. The changes to Special Registration are effective immediately. [69 Fed. Reg. 67578 (December 2, 2003)]. You may view the full text of the rule, or a DHS Fact Sheet on the new rule. And see below for a list of "Frequently Asked Questions." Finally, please note that since these changes are complex and outside the scope of the services provided by OIS, you are strongly advised to consult a qualified immigration attorney for additional information and/or counsel. OIS cannot counsel you regarding NSEERS.

    Department of Homeland Security - FAQ
    December 1, 2003
    Contact: 202-282-8010

    Changes to the NSEERS Process

    What is being announced?

    The Department of Homeland Security has suspended the 30-day and annual interview requirements from the special registration process for certain non-immigrants. An interim rule will be published in the Federal Register on December 2, 2003, which provides for a 60-day public comment period.

    Was this decision made as a result of recent public pressure?

    No. DHS have been reviewing NSEERS information for the past few months to determine if NSEERS is being executed in the most productive and effective manner, or if it needs to be changed given that the Student and Exchange Visitor Information System (SEVIS), US-VISIT, and other databases are available now but were not available at the inception of NSEERS.

    Why continue with any NSEERS activities—you haven't caught any terrorists and you have just upset thousands of people based on their race and religion?

    We have caught suspected terrorists under NSEERS. While they may not be charged with terrorism grounds of inadmissibility or removability, that is not an indication of whether terrorists were caught. A nonimmigrant visitor who overstays a visa, is present without inspection, commits a crime or fraud is just as removable under those grounds as terrorism grounds. NSEERS never was based on race nor religion. Nonimmigrant visitors from 150 countries have complied with NSEERS requirements.

    Will re-registration be discontinued?

    In place of the previous requirement, the new rule will allow DHS, as a matter of discretion, to notify individual nonimmigrant visitors subject to NSEERS registration to appear for one or more additional continuing registration interviews in those particular cases where it may be necessary to determine whether the visitor is complying with the conditions of his or her nonimmigrant visa status and admission.

    Will anyone who needed to re-register be penalized if they did not do so?

    Re-registering with DHS is a condition for maintaining legal nonimmigrant status in the US Failing to reregister is a failure to comply with the terms of a nonimmigrant admission, making a person removable.

    Is it fair that some of the walk-in registrants have to re-register under the threat of breaking the law when others whose one year anniversary that falls later won't have to do so and are not threatened as a result?

    Whenever a law or regulation is changed, it affects the activity required by people to be in compliance with the law; changing registration requirements is not unique in that regard. DHS will continue to have the ability to require visitors to check in periodically with the department and will need to use that tool on occasion so some visitors who are currently scheduled to reregister in April may still be asked to do so individually even after the new regulation eliminates the group re-registration requirement.

    Why hasn't DHS publicized the need to reregister up till now?

    Individuals were provided information at the time of their initial registration and any subsequent registration, such as at a port-of-entry when returning from a trip out of the US, notifying them of the requirement to reregister

    What will replace NSEERS in the future?

    SEVIS is now operating and US-VISIT will begin soon. These two programs take care of most of the NSEERS requirements. NSEERS was intended to be the first step towards a full entry-exit program. With US-VISIT starting in January, we will be making our transition away from NSEERS, as intended.

    Is the announcement an acknowledgment that NSEERS was a failure?

    No. NSEERS registration and departure procedures have proven valuable. DHS will continue to record nonimmigrant visitors’ entry to and exit from the US in US-VISIT. With respect to having nonimmigrant visitors register periodically while in the US, DHS will continue to have that ability for those nonimmigrant visitors that warrant continued verification of compliance with the terms of their admission.

    Fact Sheet on the US-VISIT System

    Posted 01/05/2004

    View the Fact Sheet »

    For more information on US-VISIT, visit the DHS Web site »

    OIS Overview of the Student & Exchange Visitor Information System (SEVIS) Regulations

    View the overview »

    US Immigration & Naturalization Service News Release - FACT SHEET on the Final Rule Implementing SEVIS

    View the Fact Sheet »

    Disclaimer: The information contained on the OIS Web site may change without notice. Please be advised that while OIS strives to ensure that the information contained in all of our communications is accurate and up-to-date, the office cannot assume responsibility for any errors or misinformation. It is ultimately your responsibility to maintain your legal nonimmigrant status at all times and to comply fully with University policies/procedures. The information on this page is not intended to take the place of person-to-person consultation. You are strongly advised to contact a qualified staff member in OIS and/or an immigration attorney if you have specific questions prior to taking action based on any information contained herein. Finally, please be aware that links and/or references to other Internet sites or information sources do not necessarily constitute an endorsement of the views contained therein. OIS does not control or guarantee the accuracy, relevance, timeliness, or completeness of information obtained from such links or sources.

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