Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Release Date 07/20/2021
U.S. Citizenship and Immigration Services today announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
Under the previous policy, applicants needed to maintain status up to 30 days before the program start date listed on their Form I-20, Certificate for Eligibility for Nonimmigrant Student Status, which required them to file extensions, or an initial COS and subsequent extensions ensuring that they would not have a “gap” in status.
To prevent a “gap” in status, USCIS will grant the change of status to F-1 effective the day we approve an applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status. If we approve an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time. An example of a violation would be engaging in employment, including on-campus employment, more than 30 days before the program start date as listed on their Form I-20.
The new policy will reduce workloads and costs for both the applicants and USCIS. USCIS is in the process of revising the Form I-539 instructions to reflect these changes.
For more information, see the policy alert (PDF, 318.8 KB) and the Changing to a Nonimmigrant F or M Student Status page.
Last Reviewed/Updated: 07/20/2021
USCIS Expands Credit Card Payment Pilot Program to Form I-140 When Requesting Premium Processing
Release Date 07/20/2021
U.S. Citizenship and Immigration Services (USCIS) today announced that it has expanded a previously announced pilot program at the Nebraska Service Center (NSC) for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for certain applicants applying for premium processing.
On July 19, the NSC started accepting credit card payments using Form G-1450 for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing. The pilot continues to be limited to the NSC. At the end of the pilot, we will evaluate the results and determine the next steps for expanding this payment option for other forms or other service centers. The goal of this pilot is to bring USCIS one step closer to accepting digital payments using a credit card at all service centers.
For more information, please see our Direct Filing Addresses for Form I-140 page.
Last Reviewed/Updated: 07/20/2021
F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online
Release Date 04/12/2021
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
- (c)(3)(A) – Pre-Completion OPT;
- (c)(3)(B) – Post-Completion OPT; and
- (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.
“USCIS remains committed to maximizing our online filing capabilities,” said Senior Official Performing the Duties of USCIS Director Tracy Renaud. “The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”
The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee. As USCIS continues to transition to paperless operations, the agency will work to expand online filing for Form I-765 to additional categories.
Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail. USCIS is using innovation and technology to meet the needs of applicants, petitioners and employees. Regardless of the paper or electronic format of an application or petition, USCIS is committed to ensuring a secure and efficient process for all.
Individuals can file 11 USCIS forms online, which can all be found on the Forms Available to File Online page. To file these forms online, individuals must first create a USCIS online account at myaccount.uscis.gov. This free account allows them to:
- Submit their forms;
- Pay their fees;
- Track the status of their case;
- Communicate with USCIS through a secure inbox; and
- Respond to Requests for Evidence.
USCIS continues to accept the latest paper version of these forms by mail.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook and LinkedIn.
USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT
Release Date 02/26/2021
USCIS today announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021, inclusive.
USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students. These delays are a result of COVID-19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors. While we have made progress in addressing the problem, we are extending the following flexibilities to assist certain applicants for OPT impacted by the delays.
14-month OPT Period Flexibilities
F-1 students may participate in up to 12 months of post-completion OPT, which must be completed within 14 months from the end of their program. Due to the delays at the lockbox, some applicants may only be eligible for a shortened period of OPT within that 14-month period. To allow F-1 students to complete the full period of requested OPT (up to 12 months), USCIS will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.
Beginning today, USCIS will approve applications for post-completion OPT with validity dates reflecting the same amount of time originally recommended by the designated school official (DSO) from their school on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
F-1 students requesting post-completion OPT who receive an approval of Form I-765 for less than the full amount of OPT time requested (not to exceed 12 months) due to the requirement that the OPT be completed within 14 months of the program end date may request a correction of the EAD due to USCIS error. USCIS will issue a corrected EAD with a new end date, as requested, to cover the full amount of OPT time recommended in the original application.
Refiling Following Rejection
Applicants for OPT must file the Form I-765 during certain timeframes. However, we recognize that due to the lockbox delays, some applicants who timely filed Form I-765 for OPT and whose applications were later rejected are unable to timely refile within the required application timeframes.
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Contact: Hongliang Zhang
Tel: 571-474-8885
Email: zhl19740122@gmail.com
USCIS will accept a refiled Form I-765 for OPT and STEM OPT as filed on the original filing date if:
- The original, timely filed application was received on or after Oct. 1, 2020, through May 1, 2021, inclusive; and
- USCIS subsequently rejected it.
Refiled applications must be received by May 31, 2021, for USCIS to treat the application as though filed on the original received date.
Applicants refiling a Form I-765 for OPT or STEM OPT do not need to obtain a new Form I-20 with an updated OPT recommendation from the DSO, as long as they originally submitted an application for post-completion OPT within 30 days of the DSO’s recommendation or an application for STEM OPT within 60 days of the DSO’s recommendation as required by the regulations.
Applicants refiling an application should include a copy of the rejection notice to facilitate review of the case.
Applications with missing or deficient signatures are generally rejected at the lockbox. This policy remains unchanged. However, if the lockbox accepts a Form I-765 application for OPT or STEM OPT with a missing or deficient signature, USCIS will issue a Request for Evidence rather than deny the application, to give the applicant the opportunity to respond and provide the necessary signature or correct the deficiency. We encourage applicants filing Form I-765 to review the form instructions on our website to ensure their application is complete before filing it.
Last Reviewed/Updated: 02/26/2021
USCIS Expands Premium Processing Service to E-3 Petitioners
Release Date 02/24/2021
Starting Feb. 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation.
An Australian national who is outside the United States may apply for an E-3 nonimmigrant visa directly through the Department of State or, in the case of an individual already in the U.S., by filing Form I-129 with USCIS. To qualify for the E-3 classification, you must demonstrate, among other things, that you:
- Are a national of Australia;
- Have a legitimate offer of employment in the United States;
- Possess the necessary academic or other qualifying credentials; and
- Will fill a position that qualifies as a specialty occupation.
The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, generally within 15 days.
Source: https://www.uscis.gov/news/alerts/uscis-expands-premium-processing-service-to-e-3-petitioners
Tel: 571-354-7199
H-2B Cap Reached for Second Half of FY 2021
Release Date 02/24/2021
U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2021. Feb. 12, 2021, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before Oct. 1, 2021. We will reject new cap-subject H-2B petitions received after Feb. 12 that request an employment start date before Oct. 1.
On Feb. 12, the number of beneficiaries for whom USCIS received petitions surpassed the total number of remaining H-2B visas available for the H-2B cap for the second half of FY 2021. In accordance with regulations, we determined it was necessary to use a computer-generated selection process intended to ensure the fair and orderly allocation of H-2B visa cap numbers available, without exceeding the FY 2021 cap. On Feb. 17, we conducted the selection process to randomly select petitions from those received on Feb. 12. Upon completion of this random selection process, we assigned all selected petitions a receipt date and began premium processing services.
We continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
- Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
- Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Under the Immigration and Nationality Act (INA), as amended, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – Sept. 30), plus any unused numbers from the first half of the fiscal year, if any. Unused H-2B numbers from one fiscal year do not carry over into the next fiscal year.
Last Reviewed/Updated: 02/24/2021
Source: https://www.uscis.gov/news/alerts/h-2b-cap-reached-for-second-half-of-fy-2021