Student Visas & Immigration Updates

Golden Gate University (GGU) School of Law International Student Services (ISS) serves more than 150 GGU students and scholars from over 50 countries. GGU School of Law provides students and scholars an orientation to the School of Law system, the campus, and to the community.

Effective October 27, 2008, Students/Exchange Visitors submitting Form I-901 on or after October 27, 2008, will have to pay the higher fee $200USD SEVIS I-901 Fee processing website

Effective April 8, 2008, the Department of Homeland Security (DHS) revised its regulations on (F-1 International Student) Optional Practical Training (OPT). The following points highlight the important changes:

• 17-month post-completion OPT extensions for certain STEM grads. The new rules makes recipients of bachelor's, master's, and doctoral degrees in certain STEM (Science, Technology, Engineering, and Mathematics) fields eligible for a one-time 17-month extension of post-completion OPT (for a total eligibility of up to 29 months). To be eligible for the extension, the student's employer must be registered with E-verify, and agree to report to the International Student Advisor when the student is terminated or leaves employment. The student must agree to make periodic reports to International Student Advisor. (Please be aware that very few US employers participate in the federal government's E-verify Program.)
• OPT filing deadlines. The rule sets new deadlines for filing Form I-765 for post-completion OPT. An I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up to 60 days after the program end-date, provided that it is filed within 30 days of the date the International Student Advisor enters the OPT recommendation into SEVIS. Applications for the 17-month STEM extension must be filed before the current EAD expires.
• H1-B cap-gap extensions of D/S and work authorization until October 1. Duration of status and work authorization will be automatically extended for a student on OPT, who is beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This would apply to all qualified students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the students behalf.
• Effect periods of unemployment while on OPT. The new rule states that "during post-completion OPT, F-1 status is dependent upon employment. During any initial 12-month period of post-completion OPT, no student (including STEM students) may be unemployed for an aggregate of more than 90 days. If a STEM student receives a 17-month extension, the limit on unemployment is raised to an aggregate of no more than 120 days, applied to the entire 29-month period on which the student on post-completion OPT.
• Grandfathering. F-1 students currently in the United States, including students currently on OPT, will also be able to take advantage of the rule's new provisions, and are bound by its limits.

EXTENSION OF OPTIONAL TRAINING PROGRAM FOR QUALIFIED STUDENTS- Rule Expands 'Cap-Gap' Relief for Students with Pending H-1B Petitions

For further updates as new information is obtained, please see the DHS web site OR
NAFSA: Association of International Educators OPT web site

• Travel
  Information available for most countries in the world and receives periodic travel warnings during periods of deteriorating or unstable conditions. The Department of State Consular Affairs Bureau also provides comprehensive information on travel warnings and consular services.
  
  
• US Visit
  Foreign visitors entering the United States with a visa are subject to new requirements under a program designed to both enhance US border security and ease travel. Travelers entering at 115 airports and 14 seaports are now required to present fingerprints and pose for a digital photograph employing biometric methods - physical characteristics unique to each individual -- to establish identity. See Visa News.
  
  
• F-1 Student Visa
  Most foreign students coming to GGU School of Law will require an F-1 student visa. Some students will be eligible for a J-1 visa. To be eligible for the J-1 student visa a substantial portion of your funding support must be from a scholarship, fellowship or assistantship from an external funding sources, for example, your home government or a corporate sponsor. Students with only personal or family funding are not eligible J-1 status.
  
  
• J-1 Exchange Visitor
  (Students and Short-Term Visiting Scholars): J-1 status is issued to international students and scholars for temporary participation in approved programs of study, research, and observation. The two most common types of J-1 visitor to GGU School of Law are students and visiting scholars.
  
  
• Employment and Student Visas
  At Golden Gate University School of Law: The employment of noncitizens by Golden Gate University School of Law is governed by US laws and regulations of the US Citizenship and Immigration Service (USCIS) regarding certain types of visas and work permits, and certain statutes of the State of California, and the policies of Golden Gate University. This means that upon the satisfaction of certain criteria, departments may elect to hire foreign students.
  
  

The US Immigration and Customs Enforcement (USICE) upgraded website allows F-1 and J-1 students the ability to verify if their Student and Exchange Visitor Information System (SEVIS) fees have been received. SEVIS I-901 Fee processing website.

NOTES from the US CONSUL, US Embassy (Effective: October 24, 2008)

Q: When will the new fee come into effect? A: The increased SEVIS fee will come into effect on October 28, 2008.

Q: Who is required to pay this fee? A: All those applying for a US student visa (F, J or M).

Q: Why is the fee charged? A: The fee will cover the costs of administering SEVIS (the Student and Exchange Visitor Information System).

Q: Is this fee in addition to the applicable visa application fee? A: Yes.

Q: How much is the fee? A: The SEVIS fee has been set at $200 for most applicants. Certain J-1 exchange visitors (students and scholars) will pay a reduced fee of $180. People sponsored by the US Government are exempt from the fee.

Q: Are the students who are already studying in the United States also required to pay the fee? A: No. The people whose official international student forms (form I-20 or DS-2019) were issued before September 1, 2004 are not subject to the SEVIS fee regardless of when they apply for their visa. International student forms have an issue date of September 1, 2004 or later are required to pay the fee.

Q: If I take my family with me to the United States, will each family member have to pay the fee? A: No. Applicants with F-2, M-2 and J-2 derivative status (family dependents) do not have to pay the SEVIS fee. Only applicants with F-1, F-3, J-1, M-1 and M-3 visas will have to pay the fee.

Q: Is the SEVIS fee refundable? A: No. The SEVIS fee is non-refundable - no refunds will be made because of a visa refusal for any reason. However, refunds will be made for payments made in error.

Q: When must the SEVIS fee be paid? A: The SEVIS fee must be paid prior to visa issuance. The legislation requires that proof of payment be presented to consular officials during the visa application process or prior to submitting a change of status request. However, applicants may schedule interview appointments before paying the fee.

Q: How do I pay the SEVIS fee? A: There are three ways to pay the SEVIS fee:

1) The US Department of Homeland Security (DHS) has also set up a website on the Internet to accept electronic submission of Form I-901 and payment of the SEVIS fee using a credit card. The website address is: www.fmjfee.com

2) DHS has set up a lock box to accept fee payment by mail. Applicants will be able to submit Form I-901 (Fee Remittance for Certain F, M and J Non-immigrants), together with a check or money order drawn on a US bank and payable in US currency.

3) The SEVIS fee may also be paid by the sponsor of the exchange visitor program if the sponsor participates in the payment program. Applicants are encouraged to check with their sponsor.

Q: Can someone else pay the fee or must it be paid by the visa applicant? A: SEVIS fee payment is not limited to payment by the individual applicant. DHS will accept fee payment from a third party individual or institution, either in the United States or abroad, using either option one or two above.

Q: How can I prove that I have paid the SEVIS fee? A: The person paying the fee will receive a receipt, either by return mail or electronically. People who pay through the Internet may also print out their fee receipt at the time of filing and present it as proof of payment. This receipt is sufficient proof of SEVIS fee payment. Applicants should make every effort to make the SEVIS payment at least three business days prior to the scheduled date of the visa interview.

Q: Do I have to pay the SEVIS fee every time I apply for a student visa? A: The SEVIS fee is valid for twelve (12) months from the date of the initial application. If an applicant does not receive a visa the first time, he/she may apply again for the same or different program within twelve months without having to pay the SEVIS fee again as long as the SEVIS fee payment made meets the fee required for the same or different program.

• US Consulates and Embassies
• Department of State Visa Services
• Foreign Consular Offices in the US
• US Citizenship & Immigration Services (USCIS) Homepage
• USCIS What's New?
• Electronic Visa Application Forms

• US Department of State Glossary of Visa Terms
• NAFSA: Association of International Educators
• American Immigration Lawyers Association (AILA)
• THOMAS: Legislative Information on the Internet
• Siskind's Immigration Bulletin