Immigration Updates
 
Immigration Information Sessions Scheduled posted 02/04/03
New F-1 Regulations Released / UT-Austin now enrolled in SEVIS

The new F-1 regulations became effective on January 1, 2003, and as of January 25, 2003, UT became a SEVIS School. While you may not immediately be affected by the F-1 regulatory changes and SEVIS, there are significant changes that you need to be aware of. Some of the changes in the regulations include: procedures for applying for Optional Practical Training, extensions of stay, approval for taking less than a full courseload of study, transferring to another school, changing to a different degree level and reinstatement. Another major change of the new regulations is the Immigration and Naturalization Service's requirement that the university begin using SEVIS, the Student and Exchange Visitor Information System. SEVIS is a database designed to facilitate information exchange between university international offices and the BCIS. SEVIS replaces the paper-based system that was already in-place for reporting actions of F and J students. Because SEVIS and the new regulations require our office to make major changes in our current policies and procedures, it is likely that you will experience longer waits in our office and possibly longer turnaround times with issuance of immigration documents and applications.

To learn more about the new F-1 Regulations and SEVIS,
Please go to the Immigration Information Session website to download and print the handout for the session.

 
Important INS Regulation Changes regarding F-2 status posted 12/12/02

The Immigration and Naturalization Service (INS) has published a final rule that changes the regulations governing enrollment for F-2 dependents. The final rule is effective as of January 1, 2003.

What does the rule say?
"... The F-2 spouse of an F1 student may not engage in full time study. ... An F-2 spouse or F-2 child desiring to engage in full time study ... must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status. An F-2 spouse or child who was enrolled on a full time basis prior to January 1, 2003, will be allowed to continue study but must file for a change of nonimmigrant classification to F-1, J-1, or M-1 status on or before March 11, 2003. An F-2 spouse or F-2 child violates his or her nonimmigrant status by engaging in full time study."

What does this mean for you?
1. If you are going to be a full-time student in Fall 2003 (12 hours for undergraduate students and 9 hours for graduate students), you will need to apply to the INS for a change of status to F-1 before beginning classes. The International Office can help you put together an application for a change of status. Please check our web site for the list of documents you will need for this application: http://www.utexas.edu/international/cs/f1cos.html
2. If you do not want to change your status to F-1 and if you want to continue taking classes at UT, you must be a part-time student.s
 
Changes in OPT application procedures for F-1 Graduates posted 12/2002

How this affects you as a graduating student

The new regulations will require students to apply for Optional Practical Training (OPT) prior to completion of their studies. Therefore, we will not be allowed to recommend your OPT during the 60 day grace period after your completion of studies. Therefore, if you want to apply for OPT, you **MUST** apply before your completion of studies.

Additionally, OPT **MUST** be used and completed within 14 months of your completion of studies. OPT applications are currently taking three to five months to process so it is best to get your OPT applications in as early as possible.

We understand that you may not know your exact post-graduation plans at this time. The immigration advisors in the International Office are available to discuss your options with you and provide information to help assist you in making the best possible decisions. The OPT application and information regarding OPT can be obtained at our website
     
Recent Changes and Delays in Visa Processing:

Processing Delays
Seven countries are now designated by the US government as state sponsors of terrorism. They are North Korea, Cuba, Syria, Sudan, Iran, Iraq, and Libya. In addition, significant delays in visa issuance may occur if you are from one of the following countries: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey, the United Arab Emirates and Yemen. If you are from one of these countries, it is not advisable to travel outside of the US during winter break if you need a visa to reenter.

Consulates and embassies are more frequently conducting background checks on individuals, resulting in significant delays in visa processing times. Some delays have lasted over three months in certain cases. The International Office is aware of cases where students who had been arrested have been subject to long delays.

If your visa will be expired at the time you wish to reenter the U.S., after reading through the above information, if you still feel it is necessary to travel abroad, check with the consulate or embassy where you will be applying to find out processing times. For more information on visa application procedures, go to our visa handout.
     
Changes in Visa issuance for Third Country Nationals in Ciudad Juarez, Mexico posted 11/13/02

Non-Mexican F1 continuing students in full-time degree programs who can demonstrate that their initial F1 visa was issued in their home country can apply for an F-1 visa renewal at the U.S. Consulate in Ciudad Juarez, Mexico. Students who do apply for an F-1 visa in Mexico or Canada must remember the risks that are involved in applying for a visa in either of these countries:

  • Reentry back into the United States will be based only on the successful approval of a visa. If a visa application is denied, individuals will no longer be able to enter the US on an expired visa and I-94 card.
  • Visa applicants should be aware that any kind of problem/encounter with a law enforcement agency in the United States could result in an FBI record. If a background check needs to be conducted, visa application decisions could take weeks, and even months. During that time, the applicant will not be able to return to the US until a visa is approved.
  • For additional information regarding visa issuance, please read our Visa Handout located on our website.
  • Remember, if you will be entering Mexico or Canada to apply for an F-1 visa, you need to be aware of and comply with any visa requirements for entering Mexico or Canada. Contact information for both the Mexican and Canadian Consulates are listed on the Visa handout.
Department of State raises fee for processing of Nonimmigrant Visas

Information from Department of State regarding Visa Issuance

See Department of State website
 
 
SEVIS
  • What is it? The new “Student and Exchange Visitor Information System” is designed to update the INS data base for collecting information concerning international students and scholars. INS has always maintained the majority of the information, but not in a readily accessible format. The deadline for schools to be converted to this new system is January 30, 2003.
  • How does it impact international students? There have been and will be new regulations proposed in implementing the new SEVIS system. New forms will be generated, and INS will be requesting additional information from schools concerning student documentation and status. The University of Texas at Austin will enroll in this new system later this year once “batch” capability is available for institutions with larger international student populations. We have been working with programmers for years in preparation for SEVIS and the transition should go smoothly.
  • What should international students do?
    • Read any updates sent by the International Office. Changes by INS can be made relatively quickly, and we try to send out information as soon as we have reliable facts.
    • Understand regulations concerning maintaining status. Be proactive in monitoring your documents and understanding how to maintain status. Remember that well-meaning friends and departmental staff are not immigration advisors. Please refer any questions or problems concerning status to the International Office.
    • Keep your records updated. Be sure to update address changes through the UTDirect. This is part of the information that is a required updates to SEVIS.
    • Plan travel arrangements early. Once we sign on and begin to generate SEVIS documents, any changes (major, degree program, extensions, even travel validation) must be made on SEVIS documents. You will need to allow time for processing. New funding verification may be required, so it is advisable to have that available.
    • Where can students find more information about SEVIS and maintaining status? Good website resources are:
      INS web site, NAFSA’s web site      , International Office web site
 
Address Update Requirement
  • What is it? There has recently been much publicity surrounding the existing INS requirement for all aliens (individuals who are not citizens or nationals of the U.S.) residing in the U.S. to notify INS of any change of address within 10 days of the change. Though the law has existed for years, BCIS has not placed a high priority on enforcing the requirement. INS is now recognizing the fact that they have not provided guidance on this particular regulation, and they have now proposed a rule requiring aliens to acknowledge this requirement, thereby reinforcing the existing rule.
  • How does it impact international students? Section 262 of the Immigration and Nationality Act requires every alien to register with BCIS (to fill out an I-94 card or other documents verifying status) and 8 C.F.R. 265.1 requires all aliens to report any change of address within 10 days on Form AR-11.
  • What should international students do? All F-1 & J-1 students enrolled at UT-Austin must update their change of address through UTDirect. This will satisfy the reporting requirement and an AR-11 does not have to be submitted.

    However, students who went through the Special Registration Processs (NSEERS) should also report their change of address through the AR-11SR which can be found at the BCIS Website.
 
Social Security
The Social Security Administration has announced new procedures for processing applications for social security numbers. Beginning September 1, 2002, they are required to verify non-citizen documents with the Immigration and Naturalization Service and birth records for citizens with appropriate state officials. This could delay the issuance of social security numbers by possibly 30 days or more.

In order to receive a "letter of eligibility" from the International Office, students must first be enrolled for a full-course of study (12 hours undergraduate/9 hours graduate).
     
Texas Driver's License
Students have been receiving conflicting information from the Texas Department of Public Safety about what documents are needed in order to obtain a Texas Driver's License. Some students have been told that they need a valid visa in order to obtain a Driver's License. The International Office has been in contact with the DPS to claify this issue and it is our understanding that a valid visa is not necessary to apply for a Driver's License. If you experience problems in obtaining a Driver's License due to the documents that you have provided, please contact an advisor at the International Office.
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Updated: August 21, 2008