Welcome to the Immigration section of our webpage. This front page will reflect our most current information on immigration law affecting educational institutions.

Proposed Rule by USCIS Adding Deemed Export Acknowledgement to Form I-129. 75 Fed.  Reg. 6212, Feb. 8, 2010. U.S. Citizenship and Immigration Services (USCIS) has proposed an update to Form I-129 petition, which would for the first time require petitioners to attest that "deemed export" control rules have been complied with in relation to the beneficiary.

*** NACUANOTES Foreign Faculty in H-1B Status: Understanding the Basics (Nov. 10. 2009)

Comments on above NACUANOTE from Helene Robertson, Director International Student and Scholar Services CUA.

Please note it is the schools’ Designated School Officials of the school where the individual studies who issue I-20s.There is no formal position of *SEVIS officer*. Form DS 2019 (certificate of eligiblity for exchange visitor status) may come into play in hiring a foreign scholar as many researchers, professors convert from J-1 status to H-1B. The government grants periods of H-1B status consistent with what the employer requests – up to three years.  The employer is in the driver’s seat here. 

Exchange Visitor Program: Proposed Rule, 74 Fed. Reg. 48177, Sept. 22, 2009

This section of the regulations establishes the procedures
for designated Program sponsors and addresses overall Program administration. This is the first major overhaul proposed in 15 years.

The proposed regulations add several new compliance requirements. Comments are due Nov. 23, 2009.

• Conduct annual criminal background checks on ROs/AROs.  Purpose: determine that ROs/AROS are US citizens/permanent resident, whether any past criminal activity should disqualify them from positions, whether there is pertinent info regarding suitability for position such as credit-worthiness/criminal record. The preamble states the school must use a bona fide background screener and refers to the National Association of Professional Background Screeners.
• RO's will have to have three years experience in international exchange.
• Provision of a current Business Information Report from Dun and Bradstreet.
• Provision of EIN and Date of Issuance for each Applicant Program.
• Increase in level of health insurance required for exchange visitors and accompanying spouse and children. Medical benefits of at least $200,000 per accident or illness, repatriation of remains in amount of $25,000;  expenses associated with medical evacuation of exchange visitors to home country of $50,000 and deductibles not to exceed $500 per accident or illness.
• Provision of information on members of the Board of Trustees: name, address and citizenship status.
• New rules on Form DS-2019 (must be original with certain exceptions)
• Reduces from 21 to 10 days the time a sponsor has following notification of change of circumstance of exchange visitor to update the SEVIS record.
• Collection of information in SEVIS on employment of spouse and dependents while in US.
• Two separate certifications: 1. From President at time of application for redesignation (every 2 years): the organizations RO’s and ARO’s have undergone required criminal background checks. 
  2. From Chief financial officer as part of submission of annual report: that they’ve reviewed the annual report and certify that adequate staff and resources are devoted to administration of the program and that internal controls are adequate to ensure compliance and
•  Reporting of work permits for J-2 status holders.

See also the NAFSA Proposed Subpart A Resource Page for up to date information on the proposed rule.

E-Verify Update!

The most recent update on the E-Verify Rule states that the Obama administration is further delaying implemenation of the rule, until June 30, 2009.  See 74 Fed. Reg. 17793 (April 17, 2009). 

I-9 Rule Delay
The online Federal Register system reports that DHS filed a last-minute notice today (1-30-09)at 4:15 pm announcing that the Employment Eligibility Document Rule (and revised I-9 form) scheduled to take effect on February 2 has been postponed until April 3, 2009.  The announcement is scheduled to appear in the Federal Register on February 3.  Employers should not begin using the new I-9 form and document list until the rule takes final effect in April.  DHS has also extended the notice and comment period for an additional 30 days from the scheduled end date of February 2.