Adviser's Manual Online Update History 2008

• New R-1 regulations became effective on November 26, 2008.
• Added new content incorporating SEVP's chart "Who Can Study" which lists study conditions for the various nonimmigrant categories.

F-1 Students, J-1 Exchange Visitors, M-1 Students (See "Chapters 3, 4, 5")

• SEVP moved its offices. Until direct mail service is established, SEVP recommends that all correspondence be mailed to the following address: Potomac Center North, 500 - 12th Street, SW, Washington, DC 20024. The new main phone line is (703) 603-3400.
• Updated citations in chapters 3 and 5 to the Foreign Affairs Manual (9 FAM 41.61 Notes, F and M Students) to conform to numbering and text changes in latest (10/09/08) revision.

Visitors: See "Chapter 9 Visitors"

• Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic are added to the list of VWP countries, effective November 17, 2008.
• ESTA registration requirement for VWP travelers becomes mandatory on January 12, 2009.

Institutions: "Chapter 14 Institutions"

• Note that the final rule on use of E-Verify by Federal Contractors is effective January 15, 2009.

• Information on the school recertification process.
• Information on the new out-of-cycle review rules.
• Information on the new withdrawal of certification rules.
• Revised presentation of school recordkeeping and reporting requirements.
• Information on the new Student/Exchange Visitor Visa Center for inquiries on the status of F, M, and J visas.
• Notes on cap-gap functionality included in SEVIS 5.10.

• The Conrad State 30 waiver program deadline was extended until March 6, 2009.
  
• Updated links to the Exchange Visitor Program's new Web site URLs.
  
• Revised discussion on 12-month bar for Professors and Research Scholars, incorporating new notes in FAM. Updated citations to the Foreign Affairs Manual (9 FAM 41.62 Notes) to conform to numbering and text changes in latest (7/31/08) FAM revision.
  
• Revised discussion on the bar on extensions of stay after receiving favorable recommendation on waiver of 212(e).

• Information on the school recertification process.
  
• Information on the new out-of-cycle review rules.
  
• Information on the new withdrawal of certification rules.
  
• Revised presentation of school recordkeeping and reporting requirements.

• SEVIS fee raised effective October 27, 2008.

• Effective October 1, 2008, all LCA filers that have not done so previously must register either an Employer Profile or an Attorney/Agent Profile in order to file an LCA.
  
• Expanded the section on H-1B petition validity and petition revocation.
  
• Expanded the section on the LCA complaint and review process.

• Effective October 16, 2008 a USCIS final rule extends to 3 years the period of initial admission and extension of stay that can be requested by a TN nonimmigrant under NAFTA.

• Practice note on prospective additions to the list of Visa Waiver Program countries.

• Updated F and M regulatory citation regarding requirement to keep passports valid.

• Practice notes added: DOL audits approximately 30% of all PERM applications; audits now taking over a year.
• Added a link to DOL's guidance on the scope of attorneys' involvement in the PERM recruitment and hiring process.

• Updated practice note on status of the DHS no-match rule.
  

• Information on the school recertification process.
• Information on the new out-of-cycle review rules.
• Information on the new withdrawal of certification rules.
• Revised presentation of school recordkeeping and reporting requirements.
• Information on the new Student/Exchange Visitor Visa Center for inquiries on the status of F, M, and J visas.
• Notes on cap-gap functionality included in SEVIS 5.10.
• SEVIS now allows OPT recommendations to be made during the 60-day grace period, in accordance with regulations.
• Added reference to SEVP statement in a NAFSA liaison call that final single course in final semester cannot be done as distance education.
  
• Added reference to proposed timeline for F/M school recertification.
  
• Added SEVP fax number for students to use if they exit the U.S. during their 30-day I-515A period.
  
• Added commentary from NAFSA national conference on use of OPT for thesis/dissertation students.
• Updated section on OPT for thesis/dissertation students with SEVP response to NAFSA questions in a July 15, 2008 stakeholder conference call.
• Added SEVP fax number for students to use if they exit the U.S. during their 30-day I-515A period.

• Added reference to academic training functionality included in SEVIS 5.10
• Added information on DOS termination of J-1 flight training programs.
• Added SEVP fax number for exchange visitors to use if they exit the U.S. during their 30-day I-515A period.

• Added SEVP fax number for students to use if they exit the U.S. during their 30-day I-515A period.

• Referenced proposed SEVIS fee and F/M School recertification rule.

• Effective June 1, 2008, LCAs are processed by the Chicago National Processing Center.

• Updated with information on ESTA requirement for VWP travelers, scheduled to become mandatory on January 12, 2009.

• Reorganized Chapter 11 to enhance usability.
  
• Added practice note on DOL proposal to move PWD processing from local SWAs to DOL National Processing Centers.
  
• PERM applications are handled by the Atlanta National Processing Center (NPC) effective June 1, 2008. PERM posting notices must refer applicants to the Atlanta NPC address as of that date.

• USCIS reinstituted limited premium processing for certain I-140s, effective June 16, 2008.

• Updated practice note to reference March 26, 2008 proposed rule relating to the DHS no-match rule.
  
• USCIS added the U.S. Passport Card as an I-9 List A document.

• Department of Labor PERM and LCA filing addresses changed due to National Processing Center specialization effective June 1, 2008.
• Updated section on pre-PERM backlog reduction, to note that Backlog Reduction Centers have been closed.

• Added commentary from NAFSA national conference on use of OPT for thesis/dissertation students.

• Added basic information on new Student Intern category.
• Created a separate Chapter Part for each J category covered by the Manual, to aid navigation.
• Referenced proposed SEVIS fee and F/M School recertification rule.

• Referenced proposed SEVIS fee and F/M School recertification rule.

• Added reference to piloting of the DS-160 fully on-line visa application.

• USCIS reinstituted limited premium processing for certain I-140s, effective June 16, 2008.

• Incorporated guidance from SEVP's OPT Policy Guidance document, throughout Chapter 3.

• Information on SEVIS SCR adding "Occurs on Premises" to the college/university student employment function in SEVIS.
  
• Information on adding, updating, and canceling college/university student employment segments.

• Added notes on the Exchange Visitor Program Pay.gov payment process, from the April, 2008, DOS Pay.gov User Manual.

• Updated OPT section with basic information on new OPT rules effective April 8, 2008.
  
• Added content on "cap-gap" extensions of status and employment for F-1 students applying for change of status to H-1B.
  
• Updated information on reporting employer name and address for students on OPT pursuant to OPT validation project guidance.
• Added link to SEVP Transfer FAQ 2.5, which provides guidance on transferring a SEVIS record while school is in session.

• Added content on "cap-gap" extensions of status and employment for F-1 students applying for change of status to H-1B.
• Update added on USCIS processing of H-1B petitions subject to the H-1B cap.
• Practice notes added on updating PIMS for I-129 petitions approved for change of status, extension of stay, or petition amendment.

• Added information on college/university student employment function in SEVIS 5.8.
• Added information on professor/research scholar out of country function in SEVIS 5.8.