August 6, 2010 Dear NAFSA Region V Colleagues; We have a few updates for you in our dynamic new world of Lockboxes! We also want to pass‐along some OPT filing tips and other USCIS updates and regulatory resource information. Please see below. Lockbox Updates – Similar to the change in filing procedures for Form I‐765 that took place in February 2010, USCIS announced on August 3, 2010, that Form I‐539 and Form I‐140 will now transition to Dallas Lockbox filing, with a few exceptions. USCIS Service Centers will forward incorrectly filed Form I‐539 applications and I‐140 petitions to the USCIS Dallas Lockbox facility for 45 days, until Sept. 17, 2010. After Sept. 17, 2010 applications and petitions incorrectly filed at the Service Centers will be returned to the applicant/petitioner, with a note to send the application to the correct location. o Form I‐539: Mail I‐539 applications to the Dallas Lockbox except if the Form I‐539 is being filed with an I‐129 (e.g. for change of status to H‐4 for dependents). Mail these to the California Service Center or Vermont Service Center (remember ‐ California for institutions of higher ed). Dependent applicants submitting Form I‐539 applications at the same time should include their application in the package with the primary applicant. More guidance can be found in the updated I‐539 instructions. See the original USCIS Notice regarding I‐539s. o Form I‐140: Mail I‐140 applications to the Dallas Lockbox except if the Form I‐140 is accompanied by a Form I‐907 (Request for Premium Processing). Mail these to the Nebraska or Texas Service Center (depending on location of employment). The other exception is if the Form I‐140 is for EB‐3 preference category (marked “f” in Part 2, Petition Type). Mail these to the Nebraska or Texas Service Center (depending on location of employment). I‐140 petitions filed concurrently with an I‐485 should also be filed at the Dallas Lock box unless they meet one of the exceptions above. Detailed guidance can be found in the updated I‐140 instructions. See the original USCIS Notice regarding I‐140s. o Form G‐1145: It is very important to use the Form G‐1145, E‐Notification of Application/Petition Acceptance! Because of ongoing issues with the Lockbox system, it is critical that all forms filed with a Lockbox be submitted with this free form, which provides applicants/petitioners with e‐notification of their form’s receipt at the Lockbox and their receipt number. o Other forms transitioning to Lockbox filing: Other forms, not typically used by NAFSAns, are also shifting to Lockbox filing; notices for those forms can be found on the USCIS News. Please be aware that USCIS seems to be conducting testing on forms before officially transitioning the form to a Lockbox. If you or your student experience unusual package delivery tracking information, it is probably due to “testing.” o NAFSA Resource Pages: Please read the resource pages on both the I‐539 and I‐140 mailing instructions on the NAFSA website. OPT Filing Tips – We have been working with the Region V KC‐ISSS Liaison, Elizabeth Matthews, on compiling some best practices for filing an OPT application. Liz will also be Chairing a session at this year’s Regional Conference on “Policy Guidance for OPT,” so be sure bring your own best practice information and questions to this session. The list below is not all‐inclusive, nor does it constitute policy or federal regulations, but you may find some of the information helpful during this time of transition. o Use the G‐1145! (see above) o USPS Express Mail is delivered to the regular USPS address NOT the courier address. o Use a personal check if at all possible rather than a money order or cashier's check so that the Lockbox case number can be referenced if necessary in the future. (LINs are no longer going on the backs of checks.). o Type the I‐765 because Lockbox facilities use optical character recognition software scanning of forms, not data entry; at least use very clear handwriting. o Use the most recent version of I‐765. Old versions are being rejected. o Sign the I‐765 in blue ink. Some I‐765s have been rejected because black ink made it hard to determine it was an original form. Make sure the signature is not touching the lines or else it cannot be scanned and EAD will read “signature waived.” Especially in Illinois this will be a problem for DMV. o Do not use a highlighter on the Form I‐765. Lockboxes use optical character recognition software, not data‐entry, and they scan all of the information into their database. A highlighted section will be scanned in as a black mark/box, which is unreadable. o If a student is subject to NSEERS, the FIN# must be included in some way with the application materials. The Service Center will use the FIN# to confirm that the student has complied with NSEERS. Also include anything that the student has received in writing from the POE inspector and/or their NSEERS interviews. o Address issues: o .2 line can be used for “c/o name with address” in .3 DSOs can email the .schools address below to request addition of c/o address. Be sure to type the abbreviation “Apt.” in front of any apartment number. EAD issues: Report name errors via email to .schools as soon as the receipt is received to have a chance of correction prior to EAD production: NSC.schools@dhs.gov VSC.schools@dhs.gov CSC.studentEAD@dhs.gov If an applicant receives an EAD with an error and the error was that of the applicant or DSO, then a new I‐765 with fee must be filed. From 5/12/2010, a consolidated card production center has been in effect, so there have been delays of 2‐3 weeks after approval before card is produced. o If application is pending more than 90 days, DSOs can email the appropriate Service Center and the application will be pulled in 2 days. o Lockbox issues: o o Sometimes taking over 30 days to receive a receipt notice or see a check cashed from the Lockbox. The student can contact Lockbox Support directly and inquire about their application's receipt. Unfortunately, Lockbox Support will only respond if the applicant makes the inquiry. DSOs who have sent inquiries on the student's behalf have been receiving an email reply instructing them to have the student send an email to Lockbox Support directly. The email address for Lockbox Support inquiries is: lockboxsupport@dhs.gov 17 month extension issues: If student changes employers to new E‐verify employer while the extension is pending, amend I‐20 and send an email to .schools with the name and employer E‐Verify number and a pdf of the new I‐20 attached. Student should also send an original signed and updated I‐20 and I‐765 with a copy of the receipt notice and brief cover letter to the service center. Student does not pay the fee again. If extension already approved, then just amend SEVIS with new employer information. Travel issues: Travel not advised during Cap‐Gap period because a valid EAD is required for re‐ entry. Must have job offer; without it, no travel. o There are some reports of POE officers admitting students as WBs or B‐1s if they do not have a job offer in their possession. The student then loses his/her OPT. Expedite Criteria – As a reminder, if a student meets the stated USCIS criteria, a request for expedite is currently shortening the processing time by approximately 30 days. USCIS Outreach Initiatives ‐‐ If you are not already aware, USCIS has begun an initiative to improve their customer service and stakeholder involvement. Be sure to regularly check the USCIS Outreach page for a list of upcoming stakeholder calls and other events. The next scheduled listening session in August is regarding “Lockbox Processing” on August 24, 2010. NAFSA Resources ‐‐ As always, be sure to bookmark the NAFSA Regulatory Resources page for advisers, if you have not done so already. This resource contains a useful list USCIS Inquiry Protocols to help you when dealing with complex cases or Service Center errors. o Note: the Regulatory Resources page is for NAFSA Members only; if you are not a NAFSA member and need assistance, use IssueNet Get Liaison Help . o If you experience or hear of problems, please report this through NAFSA’s IssueNet “Report an Issue.” Without reports, NAFSA does not know that the problems exist nor the true scope of the matter. Once aware, NAFSA can try to work with the appropriate federal agency to help resolve the issues. We hope everyone has a great new student orientation and beginning to their fall semesters! Feel free to contact us if you have any questions regarding this message. Sincerely, Charmagne Herlien, NAFSA Region V Regulatory Ombudsperson for Scholars (cherlien@uic.edu) Brooke Thomas, NAFSA Region V Regulatory Ombudsperson for Students (bathomas@uwm.edu) and Elizabeth Matthews, NAFSA Region V KC‐ISSS Liaison (ematthe1@iit.edu )