Keycon-L Alert for September 20, 2004
Consular Update
In order to better communicate information on applying for visas to enter the United States, the Department of State (DOS) has revamped their web site to allow for easier navigation: http://travel.state.gov.
In addition, DOS has added a page to give visa applicants a better idea of how long the visa application process will take, including how long it takes to get an appointment: http://travel.state.gov/visa/tempvisitors_wait.php. Visa applicants, however, must be forewarned that the times given for visa processing begin AFTER the US Consul makes the decision to issue the visa. Therefore, the waiting times do NOT include the amount of time it may take for additional security or technology checks. The US Consul makes the final decision to issue the visa after all checks and clearances have been completed.
SEVIS Fee
As many of you know, SEVIS, or Student and Exchange Visitor Information System, is the online tracking program mandated by the Department of Homeland Security (DHS). SEVIS tracks international students and J-1 Exchange Visitors. At NIH, we are required to enter all of our J-1 Exchange Visitors into SEVIS.
As of September 1, DHS began collecting a fee (mandated by Congress) to pay for the costs of implementing and supporting SEVIS. The fee is paid before the individual applies for a J-1 visa at a US Consulate. However, J-1 Exchange Visitors sponsored by a U.S. federal government agency are exempt from this fee. This means that J-1’s sponsored by NIH do NOT have to pay the SEVIS fee. DIS has prepared a notice to assist J-1’s as evidence of the fee exemption; in addition, we link to a FAQ prepared by DHS on the SEVIS fee: http://dis.ors.od.nih.gov/advisories/visaadvisories.html
US VISIT – Entry/Exit Process
US VISIT, or Visitor and Immigration Status Indication Technology, is another tracking system developed by DHS. In addition to students and J-1 Exchange Visitors, VISIT is an entry/exit system used to track and maintain a history of most visitors to the US. VISIT began in early 2004. It is expected to be fully implemented at all ports of entry by December 31, 2005.
This is a reminder that when scientists arrive to the US from abroad, they should expect to be fingerprinted using an inkless scanner, as well as digitally photographed. These entry procedures have been in effect since January 2004. EXIT procedures are now being piloted, including at BWI airport. A US VISIT exit attendant or kiosk will be stationed at the departure gate when leaving the US. Scientists departing from a pilot airport are required to comply with the exit procedures, even though the exit program is still in a pilot phase. Information on US VISIT is located at http://www.dhs.gov/dhspublic/display?theme=91&content=3768
In addition, individuals traveling to the US under the Visa Waiver program (i.e. those coming for temporary tourism or business for less than 90 days from certain countries) will also be required to comply with VISIT procedures as of September 30. Information on temporary business status, as well as a list of the countries that can participate in the Visa Waiver Program, can be found on the DIS web site at http://dis.ors.od.nih.gov/advisories/technicaladvisory05.pdf.
New Photograph Requirements
The United States Citizenship and Immigration Services (USCIS) has announced new photograph standards for applications/petitions requiring pictures. As of September 1, USCIS will accept only passport-style photographs. Such photographs will no longer be profile shots, but instead are face-forward. Passport-style photograph guidelines can be found at the Department of State web site at http://travel.state.gov/passport/pptphotos/index.html. In addition, USCIS has issued an information flyer located at http://uscis.gov/graphics/publicaffairs/newsrels/04_08_02Photo_flyer.pdf.
This change will mainly impact scientists at NIH working under an Employment Authorization Document, such as J-2 dependents; F-1 students under post-graduate training; and adjustment applicants for permanent residence. In addition, adjustment applicants for advance parole will require the new photographs for their travel document (i.e. advance parole). USCIS has advised that applications filed prior to September 1 are still acceptable with the previous photograph requirements.
New Time-Frames for Employment Authorization Documents (EADs)
USCIS has also announced changes to the validity time-frames of EADs. The EAD serves as proof that an individual is authorized to work in the U.S. It is also commonly referred to as a “work permit.” USCIS's previous policy has been to only issue EADs valid for one-year at a time. Such requirement placed a burden on the applicant to timely file for renewal of the EAD every year, and added to the backlog of USCIS processing. The new change will now allow USCIS to exercise discretion in setting the expiration date of EADs for more than one-year or, conversely, less than one-year. Such discretion is expected to help reduce the backlog of USCIS processing.
This change will mainly impact the same groups as listed in item 4 above, e.g., J-2 dependents working at NIH under an EAD. Scientists, then, should not be surprised if their EAD is valid for more or less than one-year.
H-1B Numerical Cap
As many of you may know, there is a limit of 65,000 H-1B Temporary Worker visas available each fiscal year (note that the government fiscal year runs from October 1 to September 30). HOWEVER, NIH sponsored-scientists are exempt from this limit!
For those not sponsored by NIH (e.g. going to certain NIH contractors), individuals must keep the cap in mind. USCIS has announced that the cap is coming close to being reached for FY 2005 (yes, you read that correctly!). As of August 18, USCIS has received approximately 45,900 H-1B petitions for FY 2005. Individuals not sponsored by NIH must make their future plans quickly and carefully, and consider alternates to the H-1B, such as the O-1 Alien of Extraordinary Ability (which is not subject to a cap).
Imposter Web Sites and other scams
DIS wants to remind our scientists to be wary of imposter USCIS and DOS web sites, emails, and other scams. Only web sites and emails ending with ".gov" are official U.S. government agencies. There is currently an email scam notifying individuals that they have won the Diversity Visa (DV) Lottery and requests payment for processing of their DV lottery application. The email is signed by two supposed officers of the DOS using an email address of "@caramail.com," which is actually a French email address!
Scientists should be wary of providing personal information and payment to such questionable web sites or emails. The full warning of imposter sites is located at http://uscis.gov/graphics/publicaffairs/advisories/warning_102402.htm (note: USCIS's previous name was the Bureau of Citizenship and Immigration Services or BCIS. BCIS was renamed to USCIS, although not all their web site pages have been updated with the new name).
