Adviser's Manual Update History
Changes to laws and policies, as well as new insights in areas of practice, may lead to revision of the Adviser's Manual content. Content revision is a process, and often requires research, analysis, clarification from the government, and consultation with content experts, before changes to the Adviser's Manual are made. Here is a list of the most recent changes. If you are logged in to the NAFSA site and own an Adviser's Manual license, clicking a link will take you directly to the specific section in the Manual.
Most Recent Updates
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- [February, 2012] Added references to recent ARB cases on
establishing bona fide termination of the H-1B employment relationship.
See 7.5.3.4 Bona fide termination of employment.
- [February, 2012] Added sample text of I-515A email sent to DSOs. See 3.10.6 30-day admissions with Form I-515A.
- [December, 2011] BALCA defines the term "permanent" for purposes of
20 C.F.R. § 656.10(c)(10), which requires an employer to attest in a
PERM application that the “job opportunity is for full-time, permanent
employment for an employer other than the alien.” See 12.3.1 Requirement that the job be permanent.
- [December, 2011] On December 2, 2011, USCIS announced a delay to its plans to implement the first phase of its Transformation program. See 16.6 USCIS Transformation.
- [December, 2011] In Matter of Karl Storz Endoscopy-America [BALCA
Case No. 2011-PER-00040 (December 1, 2011)], BALCA defined when
recruitment "begins" for purposes of the PERM prevailing wage
determination validity provision at 20 CFR 656.40(c). See 8.8.4 Using the NPWC PWD to support a PERM application.
- [November, 2011] Added a practice note referencing a BALCA decision
that analyzed a teaching hospital's affiliation to a university medical
school for purposes of determining eligibility for prevailing wage
determinations under ACWIA. See 8.3.2 ACWIA exception to the cross-industry standard.
- [November, 2011] Updated 3.68.4 I-17 changes requiring SEVP adjudication or out-of-cycle review to reference the addition of new adjudicable fields on Form I-17 in SEVIS releases 6.8 and 6.9.
- [November, 2011] Added additional content on updating a school's Form I-17 with instructional sites. See 3.68.2 Adding new campuses or instructional sites.
- [September, 2011] Updated 3.34.3.5 SSR reduced courseload benefits for Libyan F-1 students with guidance from SEVP Broadcast Message 1107-01
(September 14, 2011) that describes the minimum number of credit or
clock hours an ESL student must maintain to comply with the Libyan
special student relief notice.
- [September, 2011] New section on applying for driver's licenses
added to the Adviser's Manual, with content from DHS's Study In the
States Web site and referencing SEVP's 14-page Fact Sheet: Applying for a
Driver's License or State Identification Card. See 11.30 Driver's Licenses For F, M, and J Nonimmigrants.
- [September, 2011] Added a practice note regarding SEVP asking
schools to update Form I-17 with non-campus instructional sites. See 3.68.2 Adding new campuses or instructional sites.
- [September, 2011] DOL PERM FAQs now allow use of an electronic or
web-based national professional journal instead of a print journal when
conducting recruitment under 20 CFR 656.18, under certain conditions. See 12.10.1.4.2 Documenting the competitive recruitment and selection process.
- [August, 2011] USCIS issues guidance on processing applications for change
to and extension of B-2 status consistent with DOS guidance on use of the B-2
classification for cohabitating partners and other household members of a
principal nonimmigrant. See 10.2.4.4 Cohabitating partners, extended family members, and other household members of long-term nonimmigrants, who are not eligible for derivative status.
- [August, 2011] SEVP confirms procedures for students who will depart U.S.
during the 30-day period of I-515A admission. See 3.10.6.3 If the student will depart the United States within the 30-day period.
- [August, 2011] Updated content with guidance from SEVP Broadcast Message 1108-01 and SEVP's revised P/DSO Checklist, relating to procedures for changing a PDSO or
DSO:
- [July, 2011] Updated content with references to SEVP Broadcast Message
1010-01A, relating to I-515A processing for F and M students. See 3.10.6 30-day admissions with Form I-515A.
- [July, 2011] Updated references to SSA POMS guidance on SSNs for F-1, M-1, and J-1 nonimmigrants. See 11.29 Social Security Numbers.
- [June, 2011] SEVIS 6.8 was implemented on June 24, 2011.
- [June, 2011] 3.34.3 Special student relief for Libyan F-1 students. Special student relief was granted to qualifying Libyan F-1 students until December 31, 2011. On June 16, 2011, SEVP sent to SEVIS users "Broadcast Message 1106-01A," which clarified that, "F-1 Libyan students who attend English as a Second Language (ESL) programs are eligible for this relief." 4.27.3.2.2 Special student relief for J-1 students from Libya. Special student relief was granted to qualifying J-1 college and university students until December 31, 2011.
- [May, 2011] 3.34 Special Student Relief for F-1 students. Special Student Relief extended for Haitian students. 14.22 TPS: Temporary Protected Status. TPS extended for Haiti.
- [May, 2011] 11.23 Special Registration under NSEERS. "As of April 27, 2011, The Department of Homeland Security (DHS) announced the end of the National Security Entry-Exit Registration System (NSEERS). This special registration process is no longer required."
- [May, 2011] 3.50.2.2.1 DHS STEM Designated Degree Program List. The current STEM CIP Code list used for STEM OPT extensions was updated on May 12, 2011.
- [May, 2011] 12.11.1.1.1 Use of the "more qualified" standard for college/university teacher applications filed under 656.17; and 12.4.2.1 Avoid "preferred requirements". Updated with notes on the BALCA case Matter of East Tennessee State University, 2010-PER-00038, (April 18, 2011).
- [April, 2011] 15A Social Security No-Match Letters. Effective April 6, 2011, SSA has resumed sending DECOR (Decentralized Correspondence) notices, commonly known as "no-match" letters.
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