How to Obtain an Emergency Advance Parole (AP) Document?

If your current status is Adjustment of Status (AOS) Pending and you are currently working on EAD, it is very important that you renew your Advance Parole (AP) document in timely manner, well in advance. If an individual leaves a country under AOS pending status with their AP application pending or AP document due expire when they are traveling outside of country, they will abandon their status in United Status. Subsequently their I-485 application will be denied.

USCIS do understand that circumstance may arise when an individual has to travel outside country in emergency. USCIS has a procedure that should be followed to obtain emergency AP document under these circumstances.

Emergency Travel

Overview

In case of an emergency, and before leaving the United States, you should know what documents will be required to reenter the United States as well as understand whether or not your departure will negatively impact your application(s) for immigration benefits.

As a general rule, any person who is not a U.S. citizen or non-citizen U.S. national is subject to immigration review each time the person seeks admission to the United States from any place outside the United States. Even if you have already been admitted as a permanent resident (you have a green card) you are subject to review by an immigration official. If, during such review, you are determined to be inadmissible (even though you may have been admissible previously), you may be denied admission.

If you are seeking admission or parole at a port of entry you generally must have in your possession a valid and unexpired travel document (e.g. a green card, U.S. visa, an advance parole document) to present to the officer at the port of entry.

Depending on your immigration status or if you have an application for an immigration benefit pending, different types of travel documents may be required if you (including permanent residents) wish to return to the United States lawfully after travel abroad. These documents should be applied for, in certain cases, prior to your departure from the United States. Please see the "Travel Documents" link to the left for more information on the types of travel documents.

Caution

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

If you have been admitted as a nonimmigrant and have applied to extend the period of authorized nonimmigrant stay, or have applied to change to a different nonimmigrant status, you will automatically abandon the application if you leave the United States before USCIS makes a decision on the advance parole application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, you are likely to be denied admission if your current status has expired.

For the reasons stated above, it is important that you obtain the proper documentation before leaving the United States. Also, you should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. In all cases, you are still subject to immigration inspection or examination at a port of entry to determine whether you are admissible into the country and whether you are eligible for the immigration status sought.

Asylum applicants, asylees, refugees, and lawful permanent residents who obtained such status based on their asylum or refugee status are also subject to special rules with regard to traveling outside the United States. Additional information regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, a refugee, or a lawful permanent resident who obtained such status based on his or her asylum or refugee status returns to his or her country of claimed persecution may be found in the Fact Sheet entitled "Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status" (see link to the right).

Unlawful Presence

If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

If you have accrued more than 180 days, but less than 1 year, of unlawful presence and who voluntarily depart the United States before the start of removal proceedings are inadmissible if you seek admission within 3 years of the date of their departure. If you have accrued 1 year or more of unlawful presence and you depart the United States, whether or not removal proceedings have started, you are inadmissible if you seek admission within 10 years of the date of departure.

Criteria for Expedited Processing of an Application

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government.)
• USCIS error
• Compelling interest of USCIS

You may maket an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283 or by submitting a written request and supporting documentation with your application.

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

• A completed and signed Form I-131, Application for Travel Document
• The correct I-131 filing fee
• Evidence to support the emergency request (e.g. medical documentation, death certificate)
• Two passport-style photos.

How to File

To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees (see link to the right). See the application for specific filing instructions.

Where to File

Where to file the Form I-131 depends on the benefit sought. See the form instruction page for details. Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation. Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation. If you are filing Form I-131 for an emergency travel document at your local office based on an extremely urgent situation, you are encouraged to make an Infopass appointment first. See link to the right, "Make an Appointment (Infopass)."

When to File

You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.

Source : www.uscis.gov

H1B FY 2011 - Still 1000 Visas Available under Regular Cap

AS of 31st December 2010, USCIS announced that atleast 1000 visa numbers are still available under Regular Cap Quota. Masters Quota has been reached. USCIS is still accepting application under Master's quota that will be counted towards regular cap. Regular Cap eligible petitioned received till date is 57,300

Visas Still Available : H1B FY 2011 Cap Count - 24 December 2010

As per recent release by USCIS, Masters Cap has been reached. Still 2000 visa are available under regular cap. The readers should remember that available cap numbers for regular cap cases are not 65,000. Not all H-1B visa are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

Regular Cap still has 2000 visas left. If you are looking to sponsor your employee, please 'Hurry Up!!!'

H1B FY 2011 Cap Count
Regular Cap Reached	55800
Regular Cap Limit	65000
Masters Cap Reached	20000
Masters Cap Limit	20000
Last Counted	24th December 2010

H1B FY 2012 : List of Disqualified Employers

H1B FY 2012 season will be here soon. It is advisable that the prospective aspirants for H1B FY 2012 should be aware of the debarred or disqualified employer for this season. Please make sure you do not become a bait to any of these employers for your H1B filing. These employers are willful violator employer and are black-listed.

What is a “willful violator employer”?

“Willful violator” or “willful violator employer,” means an employer that meets all of the following standards:

• A finding of violation by the employer is entered in either of the following two types of enforcement proceeding:
  
• A Department of Labor proceeding under the Immigration and Nationality Act (INA) § 212(n)(2); (8 U.S.C. § 1182(n)(2)(C); or
  
• A Department of Justice proceeding under INA § 212(n)(5); (8 U.S.C.§ 1182(n)(5).)
• The agency finds that the employer has committed either a willful failure or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations; and
  
• The agency’s finding is entered on or after October 21, 1998.

A willful violator employer must comply with additional attestations under any LCA it files within five years of the willful violation finding. The only exception is when an LCA is filed for and used exclusively for exempt H-1B workers (see WH Fact Sheet #62Q).

Willful violators and H-1B-dependent employers (see WH Fact Sheet #62C) which file an LCA must meet the following additional requirements:

• The employer has not displaced a U.S. worker at the time of filing an H-1B visa petition (see WH Fact Sheet #62N);
  
• Before placing an H-1B worker at a secondary employer’s work site, the employer has inquired as to the secondary employer’s intent to displace a U.S. worker (see WH Fact Sheet #62N);
  
• The employer has taken good faith steps to recruit U.S. workers (see WH Fact Sheets #62O and #62P); and
  
• The employer has offered the job to any equally or better qualified U.S. worker who applies for the job for which the H-1B worker is sought (see WH Fact Sheets #62O and #62P).

Willful violators are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator. The Wage and Hour Division maintains a current list of such H-1B willful violators.

All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212(n).

H-1B Debarred/Disqualified List of Employers

The Wage and Hour Division maintains the list below of willful violator employers under the H-1B program.

Employer Name	Willful Violator	Debarment Period
4MY2C, Inc. d/b/a Goldilocks Corp. 10329 Painter Ave. Santa Fe Springs, CA 90670	YES	6/1/2009 to 5/31/2011
Allied Rehabilitation and Pain Management, Inc., Allied Rehabilitation Services, Inc., Optimal Network Resources, Inc., and Ortho-Neuro Rehabilitation, Inc. 989 University Drive Pontiac, MI 48342	YES	7/31/2010 to 7/30/2011
Allied Solutions Group, Inc. d/b/a Allied Solutions Group 4836 Brecksville Rd., Suite 3 Richfield, OH 44286	YES	10/31/2010 to 10/30/2012
Asian Journal Publications, Inc. 1150 Wilshire Blvd. Los Angeles, CA 90017	YES	7/31/2010 to 7/30/2012
Bradley Consulting Services, Inc. Maria Bradley 3357 Pitcher Plant Circle Pensacola, FL 32506	YES	6/1/2009 to 5/31/2011
Citizens Mortgage Corporation and John DeLosSantos, Individually and as President 26-01 Pollack Ave. Fair Lawn, NJ 07410	YES	7/31/2010 to 7/30/2012
Comdata Consulting, Inc. 2775 Algonquin Rd., Suite 240 Rolling Meadows, IL 60008	YES	9/30/2010 to 9/29/2012
Complete Systems Solutions, Inc. d/b/a CSSI 560 Sutter Street #400 San Francisco, CA 94102	YES	6/1/2009 to 5/31/2011
Cyberworld Enterprise Technologies, Inc. d/b/a Tekstrom, Inc. DE Industrial Park Suites 101-1022 18 Shea Way Newark, DE 19713	NO	7/31/2010 to 7/30/2011
Healthcrest Enterprises, Inc. 3125 S. Pickwick Place Suite B Springfield, MO 65804	NO	7/31/2010 to 7/30/2011
Integrated Global Systems, Inc. 14 Washington Road Building 2, Suite 212 Princeton Junction, NJ 08550	YES	1/1/2010 to 12/31/2011
Juno Healthcare Staffing System, Inc. and Dante Teodoro, Individually and as President 91-31 Queens Boulevard Suite 608 Elmhurst, NY 11373	YES	7/31/2010 to 7/30/2012
K-Soft Information Technologies, Inc. 9951 Atlantic Boulevard Suite 450 Jacksonville, FL 32255	YES	7/31/2010 to 7/30/2012
Magnolia Pool Supply, Inc. 9571 Magnolia Ave. Riverside, CA 92503	YES	6/1/2009 to 5/31/2011
Mahadeep Virk DMD Puyallup P.S. d/b/a Avenue Dental Care 11707 101st Avenue Court East Puyallup, WA 98373	YES	9/30/2010 to 9/29/2012
Mertz, Bitelman & Associates Law Office P.C. 45 West 34th Street Suite 202 New York, NY 10001	YES	6/30/2010 to 6/29/2012
MQ Solutions LLC and its members and controlling agents Mrs. Ellen Esquerra Durman, and Mr. Mark Durman 1400 Marcia Drive La Habra, CA 90631-2477	NO	10/31/2010 to 10/30/2012
Multicare Therapy Center 1527 Route 27 Suite 1100 Somerset, NJ 08873	YES	1/1/2010 to 12/31/2011
Netultimate.Com, Inc. Sounder Dilipan 8116 Arlington Blvd. Apt. 121 Falls Church, VA 22042	NO	6/1/2009 to 5/31/2011
New Hope Solutions, Inc. 2731 Sawbury Blvd. Columbus, Ohio 43235	YES	1/1/2009 to 12/31/2010
Pegasus Consulting Group, Inc. 90 Woodbridge Center Dr. Woodbridge, NJ 07095	YES	6/1/2009 to 5/31/2011
Pegasus Consulting Group, Inc. a/k/a Pegasus Systems, Inc. 100 Matawan Road Matawan, NJ 07747	YES	5/31/2011 to 5/30/2013
Professional Technology Staffing, Inc. d/b/a PTSI 560 Sutter Street #400 San Francisco, CA 94102	YES	6/1/2009 to 5/31/2011
Quest Software Services, Inc. 6825 Hobson Valley Dr. Suite 102 Woodbridge, IL 60517	NO	6/30/2010 to 6/29/2011
R-Tech Group, Ltd. a/k/a R-Tech, Ltd. Kala Ramasamy and Balaguru Ramasamy P.O. Box 423 Keego Harbor, MI 48320	YES	1/1/2009 to 12/31/2010
S J B Enterprises 611 S. Catlina Street, #315 Los Angeles, CA 90005	YES	1/1/2010 to 12/31/2011
Satya Marg Solutions, Inc. One Woodbridge Center Suite 440 Woodbridge, NJ 07095	NO	6/30/2010 to 6/29/2011
Sphero Trading Inc. d/b/a US Resources Co. 2951 Marion Drive #115 Las Vegas, NV 89115	YES	6/1/2009 to 5/31/2011
Tekstrom, Inc. DE Industrial Park Suites 101-1022 18 Shea Way Newark, DE 19713	NO	7/31/2010 to 7/30/2011
Tisco Group, Inc. 21800 Haggerty Road Suite 204 Northville, MI 48167	NO	1/1/2010 to 12/31/2010
United States Professional, LLC d/b/a USP, LLC 13014 N. Dale Mabry Highway Suite 109 Tampa, FL 33618	YES	7/31/2010 to 7/30/2012
WinVision, Inc. 1556 Halford Avenue, Suite 275 Santa Clara, CA 95051	YES	9/30/2010 to 9/29/2012

Last Updated on November 2, 2010

Source: www.dol.gov

GRE 2011 - Change in Format

With start of year 2011, we would like to remind our student community aspiring for admission to graduate schools, ETS will be changing the format for GRE Examination starting August 2011.

The Calculator: good or bad?

This new feature introduced by ETS looks very exciting at first view. The calculator will surely help the students in Problem Solving and Data Interpretation questions. This will make the calculations much easier, but not the overall test.

With the new format in-place, it is expected that a new question pattern will be introduced that will have lengthier calculations. Also, the answers to questions from some topics like Permutations and Combinations, Probability and Algebra, whose answers were left in nCr, factorial or sqrt form will have to be solved completely to match the options!

Advice – Start practicing questions with higher difficulty level. Use New GRE softwares (with calculators) to practice questions. You can practice questions from TopGrecoaching.com with Microsoft-Windows On-screen calculator.


Changes in Problem solving problems: Practical problems
ETS has constantly been putting efforts to make the test more practical. The new model of the paper will provide it with further more freedom to put in more practical questions. But what difference does it make to a test taker??
Take a look at the following example:-


Question Text:
There are two trains A and B of same lengths. Each starts simultaneously in the opposite direction from two different cities C and D on same track. The two trains meet at a point E. They arrive at their destinations 9 and 4 hours respectively after their meeting each other at E. Assuming that the trains travel at uniform speed and do not stop in between, at what rate does the second train B travels if the first train travels at 80 km per hour?


Answer Explanation:
We form that VA/VB = ?tb/ta
VA/VB = ?9/4 = 3/2
VA = 3/2 x 80 = 120 km/hrs.
To be deleted-(Source: edited question from-http://www.topcatcoaching.com/admin/cms/showQuestion/0/7202/188/107/168 )
The above question is a simple Time-Speed-Distance question. The solution is small. But the practical aspect introduces lots of redundant information and makes the question difficult to comprehend. The questions will further increase in length and complexity of details, though the amount of mathematical calculations needed would remain same.
Advice - Do not skip lengthier questions while practicing. Practice more question on – Time-Speed-Distance, Probability, and Set theory. Avoid direct equation based questions.


Changes in Verbal Ability Section: - More emphasis on Cognitive abilities.
ETS intends to bring more ‘thinking’ into the exam pattern. Earlier the RC questions on GRE were relatively direct and simple. With this new pattern in place, we can expect more of the following types:-

• Inference based questions
• Conclusion based
• Point of view of Author
• Author will support which of the following
• Main Idea of the passage
• Reasoning based questions
• Summary based questions
• Assumption based questions

The answers to above questions require relatively better understanding of passage.


Advice
Read the passage thoroughly.
Do not skim the passage. While reading the passage, take note of changes in author’s style and tone, carefully analyze the turns caused by words, such as – Although, Unfortunately, Sadly, In spite of, likely, etc. Majority of the questions will lie around them.


Changes in Analytical Writing (AWA): - More focused
Again, more cognitive ability is expected from the students. The ETS will be more strict while evaluating the responses in GRE AWA. Students would be expected to write more direct and focused essays. In short, no stories and no out-of-the-topic content.

Your answers should reflect your analytical writing skills, which includes reasoning abilities, critical reasoning and logical reasoning.


Advice
1. Read the Topic carefully and give a good thought before start writing.
2. Try to analyze both pros and cons of the topic; they will reflect your reasoning abilities.
3. Your examples should be more relevant and appropriate to the context.
4. Write a clear and direct introductory paragraph, showing your clarity of the topic

Start Preparing for the Launch in 2011. Here Are Important Dates You Need to Know:

Table with important dates about the GRE revised General Test

MONTH	MILESTONE
2010
JULY	Free test prep available to test takers
2011
AUGUST – SEPTEMBER	August 1: First day of testing for revised test For tests administered in August – September, scores will be reported starting in early November
OCTOBER	For tests administered in October, scores will be reported starting in mid-November*
NOVEMBER	For tests administered in November, scores will be reported starting in late November*
DECEMBER	Score reporting returns to the regular reporting period (10 – 15 days after test date)*

Dates reflect scores sent through SCORELINK® Internet Delivery Service. Scores reported on paper reports will be sent approximately one week later. Check back for a more detailed reporting schedule in early 2011.

*Score reports for paper-based administrations will continue to be reported six weeks after test date.

Source : http://www.topcoaching.com/ and http://www.ets.org

DHS Updated F.A.Q on 90–day unemployment rule for OPT students

Recently question was asked by a poster if 90 day unemployment rule on OPT is only applicable to 27 month OPT. Answer is 'NO'. The total time spent without a qualifying job during post-completion OPT. Except as noted in the section on "what counts as time unemployed" (see below), each day that the student is not employed in a qualifying job is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT, including those with a cap gap extension, except that students with an approved 17-month extension are given an additional 30 days of unemployment time for a maximum of 120 days.

As per updated document released by DHS, it made changes to post-completion optional practical training (OPT) that was effective immediately with publication. The IFR included explanation of the purpose for these changes and the reasons for its immediate implementation.

This update does the following:

• Provides current dates related to H-1B petitioning for 2010 (and removes information related to previous years.

• Amends the text to past tense, as applicable.

• Replaces the term “OPT STEM extension” with “17-month extension.” Classification of Instructional Program (CIP) codes for all science, technology, engineering and math (STEM) are the universe for those CIPs that are approved by DHS for the 17-month extension. However, DHS does not approve all STEM CIPS for the extension.

• Deletes reference to the public comment period for the IFR, which has closed (section 1.2). Adds text related to school filing of courses of study for CIPs, for STEM designation of CIPS and for DHS approval of STEM CIPS for the 17-month extension of OPT (section 1.3). Adds text on other resources available related to the IFR (section 1.4)

• Refines procedures for filing for OPT after the program end date (section 5.2)

• Deletes 10 day exceptions to the time that counts for unemployment during OPT at the EAD start date and between jobs. SEVP will need approval for such exceptions through another proposed rulemaking. (sections 7.1.6 and 7.1.7)

• Removed restriction that employment during the 17-month extension must be paid employment. SEVP will need approval for such a restriction through another proposed rulemaking. (sections 7.2.2 and 7.2.3)

• Deletes dates for wait-listing for this year. SEVP has been notified by U.S. Citizenship and Immigration Services (USCIS) that there will not be a waitlist utilized as a part of the FY 2011 H1B Cap filing process (section 9.1.1);

Unemployment time

The total time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT, including those with a cap gap extension, except that students with an approved 17-month extension are given an additional 30 days of unemployment time for a maximum of 120 days.

LIMITS ON PERIODS OF UNEMPLOYMENT DURING A PERIOD OF AUTHORIZED OPT

Limits on periods of unemployment

What are the limits on periods of unemployment?

Students on post-completion OPT may have up to 90 days of unemployment.

Students who have OPT extended due to the cap gap provisions continue to accrue unemployment time and are subject to the 90-day limit on unemployment.

Students who receive a 17-month extension are given an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period.

Do the limits on unemployment apply to any periods of unemployment prior to April 8, 2008?

No, the limits on unemployment do not apply retroactively.

Do the limits apply to students who had post-completion OPT approved before April 8, 2008?

For students who started post-completion OPT prior to April 8, 2008, unemployment time accrues only for time spent unemployed after April 8, 2008. Time unemployed prior to April 8, 2008, will not be counted.

Is a student who splits OPT between two degrees at the same education level limited to a total of 90 days of unemployment?

No, the student is not limited to a total of 90 days of unemployment in this case. For each new period of post-completion OPT, the student will have the full 90-day period of unemployment.

How many hours does a student need to work per week during post-completion OPT (including the 17-month extension) to be considered employed?

A student must work at least 20 hours per week in a qualifying position to be considered employed. If a student has a variable schedule, within a month, it should average out to at least 20 hours per week.

What counts as time unemployed?

Each day (including weekends) during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. OPT authorization begins on the employment start date shown on the student’s EAD.

[NEW AND/OR REVISED]

If a student does not receive the approved EAD, the missing EAD is not returned to the USCIS Service Center, and the student applies for a replacement EAD, when does the student begin accruing unemployment?

The “clock” for unemployment starts after issuance of the replacement EAD by USCIS.

[NEW AND/OR REVISED]

How does travel outside the United States impact the period of unemployment?

Time spent outside the United States during an approved period of post-completion OPT counts as unemployment against the 90/120-day limits, unless the student is either:

Employed during a period of leave authorized by an employer; or

Traveling as part of his or her employment.

Employment allowed while on OPT

What types of employment are allowed for regular pre- and post-completion OPT?

All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program.

For students who are not on a 17-month extension, this employment may include:

· Multiple employers. A student may work for more than one employer, but all employment must be related to the student’s degree program and, for pre-completion OPT, can not exceed the allowed per week cumulative hours.

· Short-term multiple employers (performing artists). A student, such as a musician or other type of performing artist, may work for

· Multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration.

· Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.

· Self-employed business owner. A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.

· Employment through an agency or consulting firm. A student on post-completion OPT must be able to provide evidence showing he or she worked an average of at least 20 hours per week while employed by the agency.

· Paid employment. A student may work part time (at least 20 hours per week when on post-completion OPT) or full time.

· Unpaid employment. A student may work as a volunteer or unpaid intern, where this practice does not violate any labor laws. The work must be at least 20 hours per week for a student on post-completion OPT. A student must be able to provide evidence acquired from the student’s employer to verify that the student worked at least 20 hours per week during the period of employment.

[NEW AND/OR REVISED]

What types of employment are allowed for students during a 17-month extension of OPT?

A student authorized for a 17-month extension must work at least 20 hours per week for an E-Verify employer in a position directly related to his or her DHS-approved STEM CIP. For a student who is on a 17-month extension, this employment may include

Multiple employers : A student may work for more than one employer, but all employment must be related to his or her degree program and all employers must be enrolled in E-Verify.

Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. The company for whom the student is providing services must be registered with E-Verify. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.

Self-employed business owner. A student on a 17-month extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program.

Employment through an agency or consulting firm. A student on a 17-month extension may be employed by an employment agency or consulting firm. The employment agency or consulting firm must be registered with E-Verify, but the third parties contracting with the agency or firm (for which the student is providing services) need not be.

[NEW AND/OR REVISED]

Can a student work multiple jobs during a 17-month extension of OPT?

Yes, but all the employers must be enrolled in E-Verify.

How does a student show that employment is directly related to his or her degree program?

SEVP recommends that the student maintain evidence for each job documenting the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager, and a description of the work.

If it is not clear from the job description that the work is related to the student’s degree, SEVP recommends that the student obtain a signed letter from his or her hiring official, supervisor, or manager stating how the student’s degree is related to the work performed.

Reporting employment and unemployment (other than students with a 17-month extension)

What should a student report to ensure that his or her status does not expire due to excessive unemployment time?

The student should report changes in employment to his or her DSO as soon as possible. SEVP recommends that the student report any change within 10 business days of the change to avoid situations where a DHS official may determine the student is out of status.

The following table suggests the best way to report employment or a change in employment.

19 SEVP Policy Guidance 1004-03 Update to Optional Practical Training Situation	Report
New job	Name of the employer Start date of employment Mailing address for the employer
Change to a new job	Name of the previous employer Ending date of the employment with the previous employer Name of the employer Start date of employment Mailing address for the employer
Multiple short-term gigs in one period with less than 10 days between gigs	Report at the beginning of the first gig and indicate “Multiple short term gigs”
Work for hire (start)	Indicate “Self-employed work for hire” Indicate the start date of the contract
Work for hire (ending more than 10 days between the end of one contract and the beginning of another contract or a new job)	Indicate “Self-employed work for hire” Indicate you have no current contract Ending date of the last contract worked
More than 10 days of unemployment	Indicate “unemployed” Ending date of last job
Self-employed business owner (start)	Indicate “Self-employed business owner” Indicated date went into business
Self-employed business owner (end)	Indicate “Self-employed business owner” Indicate date business closed or student no longer worked for the business full time

Consequences of exceeding the period of unemployment

How should a DSO advise a student who is close to reaching the limit on authorized unemployment?

The DSO should advise the student of the options available upon reaching the limit and on the potential problems associated with violating status by exceeding the period of authorized unemployment. To avoid violating status, prior to reaching the limit on authorized unemployment the student should prepare to transfer to another SEVP-certified school, change education level, depart the United States, or take action to otherwise maintain status in the United States.

What is the effect on a student’s status if the student exceeds the period of unemployment?

A student who has exceeded the period of unemployment while on post-completion OPT has violated his or her status unless he or she has taken one of the following actions:

Applied to continue his or her education by a change of education level or transferring to another SEVP-certified school

Departed the United States Taken action to otherwise maintain legal status

Is a DSO responsible for determining if a student has exceeded the limit of unemployment time while on OPT?

No, a DSO is not responsible for calculating unemployment time or taking action in SEVIS based on unemployment time. If a student’s SEVIS record remains in Active status and the student has otherwise maintained F-1 status, the DSO should consider the student in status and act accordingly.

DHS maintains responsibility for determining whether a student has violated his or her status by exceeding the permissible limit on authorized unemployment.

How will DHS enforce this provision?

A student may be denied future immigration benefits that rely on the student’s valid F-1 status if DHS determines that the student exceeded the limitations on unemployment.

Additionally, ICE/SEVP may examine SEVIS data for an individual, a selected group or all students on post-completion OPT and terminate a student’s record if it fails to show that the student maintained the proper period of employment. In such cases, the student will be given an opportunity to show that he or she complied with all OPT requirements, including maintaining employment.